Case: Casilao v. Hotelmacher LLC

5:17-cv-00800 | U.S. District Court for the Western District of Oklahoma

Filed Date: July 26, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged the legality of a scheme to recruit Filipino nationals to work in the United States under an H-2B visa. On July 26, 2017, three Filipino nationals recruited to work in the United States filed a class-action lawsuit against the owners of Limited Liability Companies (LLCs) operating various hospitality, restaurant, and entertainment venues in Oklahoma. Plaintiffs were represented by the ACLU of Oklahoma, Legal Aid, and the Equal Justice Center. The suit was filed in the Unite…

This case challenged the legality of a scheme to recruit Filipino nationals to work in the United States under an H-2B visa.

On July 26, 2017, three Filipino nationals recruited to work in the United States filed a class-action lawsuit against the owners of Limited Liability Companies (LLCs) operating various hospitality, restaurant, and entertainment venues in Oklahoma. Plaintiffs were represented by the ACLU of Oklahoma, Legal Aid, and the Equal Justice Center. The suit was filed in the United States District Court for the Western District of Oklahoma and assigned to Judge Amanda Maxfield Green, later reassigned to Judge Scott L. Palk on November 29, 2017.

The complaint alleges that the defendants engaged directly in a scheme in the Philippines where they recruited Filipino nationals to work under the H-2B temporary foreign worker visa program in the United States. The plaintiffs alleged that they were promised full-time work with good pay, free housing, food, transportation, and stable, long-term work potential. However, in reality, class members were forced to work under conditions that were not consistent with the defendants’ representations.

Specifically, the complaint alleged that the defendants’ recruitment and employment practices violated the Trafficking Victims Protection Reauthorization Act of 2003 (TVPRA), constituting forced labor, involuntary servitude, and human trafficking under Title 18 U.S.C. §§ 1589, 1590, 1593A, and 1594. Additionally, the complaint alleged (a) a breach of the employment contract between the plaintiffs and defendants, and (b) a third-party claim for breach of the contracts between the defendants and the Philippine Overseas Employment Administration (“POEA”), with whom the defendants worked to secure the employment of the plaintiffs.

The plaintiffs sought certification as a class, compensatory and punitive damages, and attorney’s fees.

On September 1, 2017, the defendants filed separate motions to dismiss, and the court denied each motion on February 5, 2018.

Class Certification / Summary Judgment:

After the defendants' motions were denied, discovery began regarding the limited question of class-action certification.

On September 14, 2020, the plaintiffs filed a motion to certify the class. After various motions to exclude exhibits, the defendants filed a motion for summary judgment. The plaintiffs filed a motion in opposition to the summary judgment on November 2, 2020.

In a September 30, 2021 order, the court granted the plaintiffs’ motion for class certification, defining the class as “[A]ll Filipino nationals who obtained H-2B visas at any time from January 1, 2008, through December 31, 2014, who were admitted to the United States as H-2B temporary foreign workers, and for whom one of the Defendants was the H-2B petitioner or de facto employer upon arrival in the United States.”

In the same order, the court denied the defendants’ motion for summary judgment without prejudice to refiling, reasoning that the motion was premature, as discovery was limited to the question of class certification.

On October 14, 2021, the defendants filed a petition for permission to appeal the class certification to the Tenth Circuit. The defendants also filed a motion to stay the case on November 19, 2021, pending their petition to appeal. The court denied the petition for appeal on November 23, 2021.

The defendants moved to de-certify the class on July 15, 2022. Following the court’s October 4, 2022 order granting the plaintiffs’ motion for discovery sanctions, the defendants filed an amended motion to de-certify the class on February 22, 2023.

Settlement:

On September 18, 2023, the court scheduled a settlement conference for November 8, 2023.

On November 16, 2023, the court entered an order stating that the parties had reached a settlement. The parties filed an unopposed motion for preliminary approval of the class settlement on January 26, 2024.

The case was reassigned to Magistrate Judge Amanda Maxfield Green, who approved the preliminary class settlement on April 24, 2024, setting the final approval hearing for August 22, 2024.

The plaintiffs filed an unopposed motion for costs, attorneys' fees, and class representative service awards on May 15, 2024. The plaintiffs then filed an unopposed motion for final settlement of the class settlement on August 15, 2024.

The court approved the final class settlement on August 22, 2024. The settlement agreement required the defendants to pay a maximum of $730,000.00 in exchange for a release of all claims. This figure included service awards for class representatives ($15,000 each), class counsel attorneys’ fees of up to $215,000, a settlement administrator’s fee (not to exceed $11,500), and individual class member claims (averaging $19,943.75).

The court entered final judgment but retained exclusive jurisdiction to resolve any disputes regarding the performance of the Settlement Agreement.

The case remains ongoing as the court supervises compliance with the settlement agreement.

show full summary

Summary Authors

Colton French (3/27/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6129751/parties/casilao-v-hotelmacher-llc/

Judge(s)

Attorney for Plaintiff

Barari, Mana (Oklahoma)

Boehne, Caitlin (Oklahoma)

Colby, Eben (Oklahoma)

Attorney for Defendant

Billings, A Wayne (Oklahoma)

Donelson, Kevin R (Oklahoma)

Judge(s)

Palk, Scott Lawrence (Oklahoma)

Attorney for Plaintiff

Barari, Mana (Oklahoma)

Boehne, Caitlin (Oklahoma)

Colby, Eben (Oklahoma)

Eisenbrey, Rebecca C (Oklahoma)

Fisher, Catherine (Oklahoma)

Henderson, Brady R (Oklahoma)

Lambert, Megan E (Oklahoma)

Musante, Alyssa E (Oklahoma)

Schiffman, Daniele (Oklahoma)

Sleeper, Adam (Oklahoma)

Vigne, Carole (Oklahoma)

Warner, George A (Oklahoma)

Webb, Jill E (Oklahoma)

Willett, Christopher J (Oklahoma)

Attorney for Defendant

Billings, A Wayne (Oklahoma)

Donelson, Kevin R (Oklahoma)

Miller, Dane H (Oklahoma)

Shephard, C Eric (Oklahoma)

Stonecipher, Mark K (Oklahoma)

Tran, Kim A (Oklahoma)

Attorney Contact Information via CourtListener

show all people

Documents in the Clearinghouse

	Document
1 5:17-cv-00800	Class Action Complaint	July 26, 2017	July 26, 2017 Complaint
61 5:17-cv-00800	Order	Feb. 5, 2019	Feb. 5, 2019 Order/Opinion
187 5:17-cv-00800	Order	Sept. 30, 2021	Sept. 30, 2021 Order/Opinion 2021 WL 4487984
277 5:17-cv-00800	Order	Oct. 4, 2022	Oct. 4, 2022 Order/Opinion
310 5:17-cv-00800	Order Granting Preliminary Approval of Class Action Settlement	April 24, 2024	April 24, 2024 Order/Opinion
316 5:17-cv-00800	Final Approval Order and Judgment	Aug. 22, 2024	Aug. 22, 2024 Order/Opinion
5:17-cv-00800	Class Action Settlement Agreement		None Settlement Agreement

show / hide documents

Resources

Title	Description		External URL Date / External URL
Black Farmers FAQ: The history of discrimination against Black farmers and policy initiatives to remedy these inequities. Legal Defense Fund	Black farmers have long faced systemic discrimination by public and private institutions and barriers to economic mobility. Inequities in the administration of government farm programs and discrimina…		https://www.naacpldf.org/...

show / hide resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6129751/casilao-v-hotelmacher-llc/

Last updated Aug. 6, 2025, 10:14 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Apex USA Inc, Hatelmacher LLC, Walter Schmacher, Carolyn Schumacher, Schumacher Investments LLC, Steakmacher LLC filed by Allan Garcia(on behalf of all others similary situated), Madelyn Casilao(on behalf of all others similarly situated), Harry Lincuna(on behalf of all others similarly situated), Allan Garcia(individually), Madelyn Casilao(Individually), Harry Lincuna(individually ). (Attachments: # 1 Civil Cover Sheet)(pw) (Entered: 07/27/2017)	July 26, 2017	July 26, 2017 Clearinghouse
2	Summons Issued Electronically as to Apex USA Inc, Hatelmacher LLC, Walter Schmacher, Carolyn Schumacher, Schumacher Investments LLC, Steakmacher LLC. (pw) (Entered: 07/27/2017)	July 27, 2017	July 27, 2017 PACER
	Payment for a Civil Case	July 27, 2017	July 27, 2017 PACER
	PAYMENT FOR A CIVIL CASE Filing fee $ 400, receipt number 1087-2529410. (Henderson, Brady)	July 27, 2017	July 27, 2017 PACER
3	ENTRY of Appearance by Brady R Henderson on behalf of All Plaintiffs (Henderson, Brady) (Entered: 08/02/2017)	Aug. 2, 2017	Aug. 2, 2017 PACER
4	DEMAND for Trial by Jury by All Plaintiffs. (Henderson, Brady) (Entered: 08/02/2017)	Aug. 2, 2017	Aug. 2, 2017 PACER
5	MOTION for Leave to Appear Pro Hac Vice for Mana Barari Filing fee $ 50, receipt number 1087-2532618 by All Plaintiffs. (Attachments: # 1 Attachment PHV Request Form)(Henderson, Brady) (Entered: 08/02/2017)	Aug. 2, 2017	Aug. 2, 2017 PACER
6	MOTION for Leave to Appear Pro Hac Vice for Caitlin Boehne Filing fee $ 50, receipt number 1087-2532625 by All Plaintiffs. (Attachments: # 1 Attachment PHV Request Form)(Henderson, Brady) (Entered: 08/02/2017)	Aug. 2, 2017	Aug. 2, 2017 PACER
7	MOTION for Leave to Appear Pro Hac Vice for Eben Colby Filing fee $ 50, receipt number 1087-2532629 by All Plaintiffs. (Attachments: # 1 Attachment PHV Request Form)(Henderson, Brady) (Entered: 08/02/2017)	Aug. 2, 2017	Aug. 2, 2017 PACER
8	MOTION for Leave to Appear Pro Hac Vice for Catherine Fisher Filing fee $ 50, receipt number 1087-2532636 by All Plaintiffs. (Attachments: # 1 Attachment PHV Request Form)(Henderson, Brady) (Entered: 08/02/2017)	Aug. 2, 2017	Aug. 2, 2017 PACER
9	MOTION for Leave to Appear Pro Hac Vice for Daniele Schiffman Filing fee $ 50, receipt number 1087-2532641 by All Plaintiffs. (Attachments: # 1 Attachment PHV Request Form)(Henderson, Brady) (Entered: 08/02/2017)	Aug. 2, 2017	Aug. 2, 2017 PACER
10	MOTION for Leave to Appear Pro Hac Vice for Adam Sleeper Filing fee $ 50, receipt number 1087-2532642 by All Plaintiffs. (Attachments: # 1 Attachment PHV Request Form)(Henderson, Brady) (Entered: 08/02/2017)	Aug. 2, 2017	Aug. 2, 2017 PACER
11	MOTION for Leave to Appear Pro Hac Vice for Carole Vigne Filing fee $ 50, receipt number 1087-2532643 by All Plaintiffs. (Attachments: # 1 Attachment PHV Request Form)(Henderson, Brady) (Entered: 08/02/2017)	Aug. 2, 2017	Aug. 2, 2017 PACER
12	MOTION for Leave to Appear Pro Hac Vice for Christopher Willett Filing fee $ 50, receipt number 1087-2532646 by All Plaintiffs. (Attachments: # 1 Attachment PHV Request Form)(Henderson, Brady) (Entered: 08/02/2017)	Aug. 2, 2017	Aug. 2, 2017 PACER
13	ORDER granting 5, 6, 7, 8, 9, 10, 11, and 12 Motions to Appear Pro Hac Vice; Mana Barari, Caitlin Boehne, Eben Colby, Catherine Fisher, Daniele Schiffman, Adam Sleeper, Carole Vigne, and Christopher Willett are admitted to practice before this Court for the limited purpose of participating in this case on behalf of plaintiffs, provided counsel each submits an ECF registration form and files an entry of appearance, consistent with LCvR 83.4. Signed by Honorable Vicki Miles-LaGrange on 8/3/2017. (ks) (Entered: 08/03/2017)	Aug. 3, 2017	Aug. 3, 2017 PACER
14	ENTRY of Appearance by Eben Colby on behalf of All Plaintiffs (Colby, Eben) (Entered: 08/09/2017)	Aug. 9, 2017	Aug. 9, 2017 PACER
15	ENTRY of Appearance by Catherine Fisher on behalf of All Plaintiffs (Fisher, Catherine) (Entered: 08/09/2017)	Aug. 9, 2017	Aug. 9, 2017 RECAP
16	ENTRY of Appearance by Adam Sleeper on behalf of All Plaintiffs (Sleeper, Adam) (Entered: 08/09/2017)	Aug. 9, 2017	Aug. 9, 2017 PACER
17	ENTRY of Appearance by Daniele Schiffman on behalf of All Plaintiffs (Schiffman, Daniele) (Entered: 08/09/2017)	Aug. 9, 2017	Aug. 9, 2017 PACER
18	ENTRY of Appearance by Carole Vigne on behalf of Madelyn Casilao(on behalf of all others similarly situated), Madelyn Casilao(Individually), Allan Garcia(on behalf of all others similary situated), Allan Garcia(individually), Harry Lincuna(on behalf of all others similarly situated), Harry Lincuna(individually ) (Vigne, Carole) (Entered: 08/09/2017)	Aug. 9, 2017	Aug. 9, 2017 PACER
19	ENTRY of Appearance by Mana Barari on behalf of Madelyn Casilao(on behalf of all others similarly situated), Madelyn Casilao(Individually), Allan Garcia(on behalf of all others similary situated), Allan Garcia(individually), Harry Lincuna(on behalf of all others similarly situated), Harry Lincuna(individually ) (Barari, Mana) (Entered: 08/09/2017)	Aug. 9, 2017	Aug. 9, 2017 RECAP
20	ENTRY of Appearance by Caitlin Boehne on behalf of All Plaintiffs (Boehne, Caitlin) (Entered: 08/17/2017)	Aug. 17, 2017	Aug. 17, 2017 PACER
21	ENTRY of Appearance by Christopher J Willett on behalf of All Plaintiffs (Willett, Christopher) (Entered: 08/17/2017)	Aug. 17, 2017	Aug. 17, 2017 PACER
22	ENTRY of Appearance by Kevin R Donelson on behalf of Apex USA Inc, Hotelmacher LLC, Walter Schmacher, Carolyn Schumacher, Schumacher Investments LLC, Steakmacher LLC (Donelson, Kevin) (Entered: 08/22/2017)	Aug. 22, 2017	Aug. 22, 2017 PACER
23	MOTION for Extension of Time to File Answer re 1 Complaint, or Otherwise Plead by Apex USA Inc, Hotelmacher LLC, Walter Schmacher, Carolyn Schumacher, Schumacher Investments LLC, Steakmacher LLC. (Donelson, Kevin) (Entered: 08/22/2017)	Aug. 22, 2017	Aug. 22, 2017 PACER
24	ORDER granting 23 defendants' Motion for Enlargement of Time in Which to Answer or Otherwise Plead. Defendants shall answer or otherwise plead to plaintiffs' Complaint on or before September 7, 2017. Signed by Honorable Vicki Miles-LaGrange on 8/22/2017. (ks) (Entered: 08/22/2017)	Aug. 22, 2017	Aug. 22, 2017 PACER
25	ENTRY of Appearance by C Eric Shephard on behalf of All Defendants (Shephard, C) (Entered: 09/01/2017)	Sept. 1, 2017	Sept. 1, 2017 PACER
26	ENTRY of Appearance by Kim A Tran on behalf of All Defendants (Tran, Kim) (Entered: 09/01/2017)	Sept. 1, 2017	Sept. 1, 2017 PACER
27	ENTRY of Appearance by A Wayne Billings on behalf of All Defendants (Billings, A) (Entered: 09/01/2017)	Sept. 1, 2017	Sept. 1, 2017 PACER
28	MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint by Hotelmacher LLC. (Attachments: # 1 Exhibit 1-Resignation Letter)(Donelson, Kevin) (Entered: 09/01/2017)	Sept. 1, 2017	Sept. 1, 2017 PACER
29	MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint by Steakmacher LLC. (Attachments: # 1 Exhibit 1-Resignation Letter)(Donelson, Kevin) (Entered: 09/01/2017)	Sept. 1, 2017	Sept. 1, 2017 PACER
30	MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint by Schumacher Investments LLC. (Attachments: # 1 Exhibit 1 - Resignation Letter)(Donelson, Kevin) (Entered: 09/01/2017)	Sept. 1, 2017	Sept. 1, 2017 PACER
31	MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint by Apex USA Inc. (Attachments: # 1 Exhibit 1-Resignation Letter)(Donelson, Kevin) (Entered: 09/01/2017)	Sept. 1, 2017	Sept. 1, 2017 PACER
32	MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint by Walter Schmacher. (Attachments: # 1 Exhibit 1-Resignation Letter)(Donelson, Kevin) (Entered: 09/01/2017)	Sept. 1, 2017	Sept. 1, 2017 PACER
33	MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint by Carolyn Schumacher. (Attachments: # 1 Exhibit 1-Resignation letter)(Donelson, Kevin) (Entered: 09/01/2017)	Sept. 1, 2017	Sept. 1, 2017 PACER
34	UNOPPOSED MOTION for Extension of Time to File Response/Reply To Defendants' Motions To Dismiss by Madelyn Casilao(on behalf of all others similarly situated), Madelyn Casilao(Individually), Allan Garcia(on behalf of all others similary situated), Allan Garcia(individually), Harry Lincuna(on behalf of all others similarly situated), Harry Lincuna(individually ). (Colby, Eben) (Entered: 09/14/2017)	Sept. 14, 2017	Sept. 14, 2017 PACER
35	MOTION to Withdraw as Attorney by All Plaintiffs. (Sleeper, Adam) (Entered: 09/15/2017)	Sept. 15, 2017	Sept. 15, 2017 PACER
36	ORDER granting 34 plaintiffs' Unopposed Motion for Enlargement of Time to Respond to Defendants' Motions to Dismiss. Plaintiffs shall file their responses to defendants' motions to dismiss on or before October 13, 2017. Signed by Honorable Vicki Miles-LaGrange on 9/15/2017. (ks) (Entered: 09/15/2017)	Sept. 15, 2017	Sept. 15, 2017 PACER
37	ORDER granting 35 Motion to Withdraw as Attorney. Attorney Adam Sleeper terminated. Signed by Honorable Vicki Miles-LaGrange on 9/15/2017. (ks) (Entered: 09/15/2017)	Sept. 15, 2017	Sept. 15, 2017 PACER
38	UNOPPOSED MOTION for Leave to File Excess Pages IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS by All Plaintiffs. (Barari, Mana) (Entered: 10/03/2017)	Oct. 3, 2017	Oct. 3, 2017 PACER
39	ORDER granting 38 plaintiffs' Unopposed Motion for Leave to File Oversized Brief in Opposition to Defendants' Motion to Dismiss. Plaintiffs' brief shall not exceed 35 pages. Signed by Honorable Vicki Miles-LaGrange on 10/4/2017. (ks) (Entered: 10/04/2017)	Oct. 4, 2017	Oct. 4, 2017 PACER
40	MEMORANDUM in Opposition re 33 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint, 32 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint, 30 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint, 29 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint, 28 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint, 31 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint filed by All Plaintiffs. (Colby, Eben) (Entered: 10/13/2017)	Oct. 13, 2017	Oct. 13, 2017 RECAP
41	UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 40 Memorandum in Opposition,, by All Defendants. (Donelson, Kevin) (Entered: 10/19/2017)	Oct. 19, 2017	Oct. 19, 2017 PACER
42	ORDER granting 41 Defendants' Unopposed Motion for Extension of Time to File Defendants' Reply in Support of Motions to Dismiss. Defendants shall file their reply no later than November 6, 2017. Signed by Honorable Vicki Miles-LaGrange on 10/23/2017. (ks) (Entered: 10/23/2017)	Oct. 23, 2017	Oct. 23, 2017 PACER
43	REPLY by Defendants Apex USA Inc, Hotelmacher LLC, Walter Schmacher, Carolyn Schumacher, Schumacher Investments LLC, Steakmacher LLC re 33 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint, 32 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint, 30 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint, 29 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint, 28 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint, 31 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint Defendants' Combined Reply in Support of Motions to Dismiss and/or Strike Plaintiffs' Class Action Complaint filed by All Defendants. (Donelson, Kevin) (Entered: 11/03/2017)	Nov. 3, 2017	Nov. 3, 2017 RECAP
44	NOTICE (other) by All Plaintiffs OF UNAVAILABILITY OF COUNSEL FOR PLAINTIFF (Barari, Mana) (Entered: 11/06/2017)	Nov. 6, 2017	Nov. 6, 2017 PACER
45	ENTER ORDER REASSIGNING CASE. Case reassigned to Honorable Scott L. Palk for all further proceedings. Honorable Vicki Miles-LaGrange no longer assigned to case. Entered at the direction of Honorable Vicki Miles-LaGrange on 11/29/2017. (ac) (Entered: 11/29/2017)	Nov. 29, 2017	Nov. 29, 2017 PACER
46	UNOPPOSED MOTION for Hearing re 33 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint, 32 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint, 30 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint, 29 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint, 28 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint, 31 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint by All Plaintiffs. (Colby, Eben) (Entered: 12/15/2017)	Dec. 15, 2017	Dec. 15, 2017 PACER
47	ORDER denying 46 Motion for Hearing. Signed by Honorable Scott L. Palk on 12/18/2017. (md) (Main Document 47 replaced on 12/18/2017) (md). (Entered: 12/18/2017)	Dec. 18, 2017	Dec. 18, 2017 PACER
48	MOTION to Withdraw as Attorney by All Plaintiffs. (Schiffman, Daniele) (Entered: 01/17/2018)	Jan. 17, 2018	Jan. 17, 2018 PACER
49	ORDER granting 48 Motion to Withdraw as Attorney. Attorney Daniele Schiffman terminated. Signed by Honorable Scott L. Palk on 1/18/2018. (md) (Entered: 01/18/2018)	Jan. 18, 2018	Jan. 18, 2018 PACER
50	ORDER that within seven days of the date of this Order, Defendants Hotelmacher, LLC, Steakmacher, LLC and Shumacher Investments, LLC shall file their disclosure statements as more fully set forth herein. Signed by Honorable Scott L. Palk on 2/23/2018. (md) (Entered: 02/23/2018)	Feb. 23, 2018	Feb. 23, 2018 PACER
51	DISCLOSURE STATEMENT - LLC by Hotelmacher LLC . (Donelson, Kevin) (Entered: 03/02/2018)	March 2, 2018	March 2, 2018 PACER
52	DISCLOSURE STATEMENT - LLC by Steakmacher LLC . (Donelson, Kevin) (Entered: 03/02/2018)	March 2, 2018	March 2, 2018 PACER
53	DISCLOSURE STATEMENT - LLC by Schumacher Investments LLC . (Donelson, Kevin) (Entered: 03/02/2018)	March 2, 2018	March 2, 2018 PACER
54	MOTION for Discovery And Opening Brief by All Plaintiffs. (Fisher, Catherine) (Entered: 06/15/2018)	June 15, 2018	June 15, 2018 PACER
55	RESPONSE in Opposition re 54 MOTION for Discovery And Opening Brief filed by Apex USA Inc, Hotelmacher LLC, Walter Schmacher, Carolyn Schumacher, Schumacher Investments LLC, Steakmacher LLC. (Tran, Kim) (Entered: 07/06/2018)	July 6, 2018	July 6, 2018 PACER
56	ORDER denying 54 Motion for Discovery. Signed by Honorable Scott L. Palk on 7/18/2018. (md) (Entered: 07/18/2018)	July 18, 2018	July 18, 2018 PACER
57	MOTION to Withdraw as Attorney for Defendants by Kim Tran by All Defendants. (Tran, Kim) (Entered: 11/20/2018)	Nov. 20, 2018	Nov. 20, 2018 PACER
58	ORDER granting 57 Motion to Withdraw as Attorney. Attorney Kim A Tran terminated. Signed by Honorable Scott L. Palk on 11/26/2018. (md) (Entered: 11/26/2018)	Nov. 26, 2018	Nov. 26, 2018 PACER
59	NOTICE (other) by All Defendants of Settlement with U.S. Department of Labor (Donelson, Kevin) (Entered: 01/25/2019)	Jan. 25, 2019	Jan. 25, 2019 PACER
60	NOTICE (other) by All Defendants re 59 Notice (other) Supplemental Notice to Court (Attachments: # 1 Exhibit 1 - 1-28-19 US DOL Final Decision and Order)(Donelson, Kevin) (Entered: 02/01/2019)	Feb. 1, 2019	Feb. 1, 2019 PACER
61	ORDER denying 28 Motion to Dismiss; denying 29 Motion to Dismiss; denying 30 Motion to Dismiss; granting in part and denying in part 31 Motion to Dismiss; denying 32 Motion to Dismiss; denying 33 Motion to Dismiss all as more fully set forth herein. Signed by Honorable Scott L. Palk on 2/5/2019. (md) (Entered: 02/05/2019)	Feb. 5, 2019	Feb. 5, 2019 Clearinghouse
62	NOTICE (other) by All Defendants re 60 Notice (other), 61 Order on Motion to Dismiss,,,,,,,,,,, 59 Notice (other) Second Supplemental Notice to Court (Donelson, Kevin) (Entered: 02/06/2019)	Feb. 6, 2019	Feb. 6, 2019 PACER
63	RESPONSE re 60 Notice (other), 62 Notice (other), 59 Notice (other) filed by All Plaintiffs. (Fisher, Catherine) (Entered: 02/08/2019)	Feb. 8, 2019	Feb. 8, 2019 PACER
64	ANSWER to Complaint Defendants' Answer to Plaintiffs' Class Action Complaint by Apex USA Inc, Hotelmacher LLC, Walter Schmacher, Carolyn Schumacher, Schumacher Investments LLC, Steakmacher LLC.(Donelson, Kevin) (Entered: 02/19/2019)	Feb. 19, 2019	Feb. 19, 2019 RECAP
65	STATUS/SCHEDULING CONFERENCE DOCKET: Scheduling Conference set for 3/27/2019 10:45 AM in Courtroom 304 before Honorable Scott L. Palk. Status Report due by 3/20/2019. (md) (Entered: 02/20/2019)	Feb. 20, 2019	Feb. 20, 2019 PACER
66	AMENDED STATUS/SCHEDULING CONFERENCE DOCKET: Scheduling Conference set for 4/8/2019 10:45 AM in Chambers before Honorable Scott L. Palk. Status Report due by 3/20/2019. (md) (Entered: 03/15/2019)	March 15, 2019	March 15, 2019 PACER
67	ENTRY of Appearance by Jill E Webb on behalf of All Plaintiffs (Webb, Jill) (Entered: 03/19/2019)	March 19, 2019	March 19, 2019 PACER
68	JOINT STATUS REPORT AND DISCOVERY PLAN by Plaintiffs Madelyn Casilao, Madelyn Casilao, Allan Garcia, Allan Garcia, Harry Lincuna, Harry Lincuna. (Fisher, Catherine) (Entered: 03/20/2019)	March 20, 2019	March 20, 2019 PACER
69	MOTION for Leave to Appear Pro Hac Vice for Rebecca Eisenbrey Filing fee $ 50, receipt number 1087-2897366 by All Plaintiffs. (Attachments: # 1 Attachment Pro Hac Vice Application)(Henderson, Brady) (Entered: 04/08/2019)	April 8, 2019	April 8, 2019 PACER
70	ORDER granting 69 Motion to Appear Pro Hac Vice. Signed by Honorable Scott L. Palk on 4/8/2019. (md) (Entered: 04/08/2019)	April 8, 2019	April 8, 2019 PACER
71	ENTER ORDER A Status Conference was held in this case on April 8, 2019. Caitlin Boehne and Rebecca Eisenbrey appeared for Plaintiffs and A. Wayne Billings and C. Eric Shephard appeared for Defendants. Counsel was instructed to submit to the Court within 7 days, a proposed scheduling order consistent with the Judges instructions at the Status Conference. The proposed scheduling order should be submitted in Word format to: palk-orders@okwd.uscourts.gov. Signed by Honorable Scott L. Palk on 4/8/2019. (md) (Main Document 71 replaced on 4/8/2019) (md). (Entered: 04/08/2019)	April 8, 2019	April 8, 2019 PACER
72	SCHEDULING ORDER: Motion for class certification due 4/17/20; Response to motion for class certification due 5/15/20; Reply due 5/29/20 all as more fully set forth herein. Entered at the direction of the Honorable Scott L. Palk on 4/16/19. (md) (Entered: 04/16/2019)	April 16, 2019	April 16, 2019 PACER
73	JOINT MOTION for Protective Order by All Plaintiffs. (Fisher, Catherine) (Entered: 08/16/2019)	Aug. 16, 2019	Aug. 16, 2019 RECAP
74	ORDER granting 73 Motion for Protective Order. Signed by Honorable Scott L. Palk on 8/19/2019. (md) (Entered: 08/19/2019)	Aug. 19, 2019	Aug. 19, 2019 PACER
75	ENTRY of Appearance by Megan E Lambert on behalf of All Plaintiffs (Lambert, Megan) (Entered: 09/26/2019)	Sept. 26, 2019	Sept. 26, 2019 PACER
76	ENTRY of Appearance by Rebecca C Eisenbrey on behalf of All Plaintiffs (Eisenbrey, Rebecca) (Entered: 10/02/2019)	Oct. 2, 2019	Oct. 2, 2019 PACER
77	NOTICE of Subpoena by All Plaintiffs (Eisenbrey, Rebecca) (Entered: 11/06/2019)	Nov. 6, 2019	Nov. 6, 2019 PACER
78	MOTION for Leave to Appear Pro Hac Vice for George Warner Filing fee $ 50, receipt number 1087-3064183 by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Warner PHV Request Form)(Lambert, Megan) (Entered: 12/30/2019)	Dec. 30, 2019	Dec. 30, 2019 PACER
79	ORDER granting 78 Motion to Appear Pro Hac Vice of George Warner. Signed by Honorable Scott L. Palk on 12/31/2019. (md) (Entered: 12/31/2019)	Dec. 31, 2019	Dec. 31, 2019 PACER
80	MOTION to Compel by Walter Schmacher. (Attachments: # 1 Exhibit 1 - Casilao's Answer to Interrogatory #2, # 2 Exhibit 2 - Lincuna's Answer to Interrogatory #2, # 3 Exhibit 3 - Garcia's Answer to Interrogatory #2)(Shephard, C) (Entered: 12/31/2019)	Dec. 31, 2019	Dec. 31, 2019 PACER
81	NOTICE OF HEARING ON MOTION 80 MOTION to Compel : Motion Hearing set for 2/6/2020 02:00 PM in Courtroom 304 before Honorable Scott L. Palk. (md) (Entered: 01/02/2020)	Jan. 2, 2020	Jan. 2, 2020 PACER
82	ENTRY of Appearance by George A Warner on behalf of All Plaintiffs (Warner, George) (Entered: 01/02/2020)	Jan. 2, 2020	Jan. 2, 2020 PACER
83	UNOPPOSED MOTION to Withdraw as Attorney as to Mana Barari by All Plaintiffs. (Vigne, Carole) (Entered: 01/03/2020)	Jan. 3, 2020	Jan. 3, 2020 PACER
84	ORDER granting 83 Motion to Withdraw as Attorney. Attorney Mana Barari terminated. Signed by Honorable Scott L. Palk on 1/6/20. (md) (Entered: 01/06/2020)	Jan. 6, 2020	Jan. 6, 2020 PACER
85	CROSS MOTION for Protective Order by All Plaintiffs. (Boehne, Caitlin) (Entered: 01/21/2020)	Jan. 21, 2020	Jan. 21, 2020 RECAP
86	MEMORANDUM in Opposition re 80 MOTION to Compel filed by All Plaintiffs. (Boehne, Caitlin) (Entered: 01/21/2020)	Jan. 21, 2020	Jan. 21, 2020 PACER
	Notice from the Court	Jan. 22, 2020	Jan. 22, 2020 PACER
	NOTICE FROM THE COURT 86 Memorandum in Opposition STRICKEN due to Counsel's failure to comply with ECF Policies & Procedures Manual, Section II.A.4.a. Counsel is directed to refile. (md)	Jan. 22, 2020	Jan. 22, 2020 PACER
87	ORDER re 85 CROSS MOTION for Protective Order filed by Madelyn Casilao, Allan Garcia, Harry Lincuna. Defendants are directed to respond to the Motion on or before January 29, 2020. Signed by Honorable Scott L. Palk on 1/22/2020. (md) (Entered: 01/22/2020)	Jan. 22, 2020	Jan. 22, 2020 RECAP
88	MEMORANDUM in Opposition re 80 MOTION to Compel and in Support of Cross Motion for Protective Order filed by All Plaintiffs. (Attachments: # 1 Exh 1 - Casilao Resp Disc, # 2 Exh 2 - Lincuna Resp Disc, # 3 Exh 3 - Garcia Resp Disc)(Boehne, Caitlin) (Entered: 01/22/2020) 1 Exh 1 - Casilao Resp Disc View on PACER 2 Exh 2 - Lincuna Resp Disc View on PACER 3 Exh 3 - Garcia Resp Disc View on PACER	Jan. 22, 2020	Jan. 22, 2020 PACER
89	JOINT MOTION for Extension of Time (Motion To Modify Scheduling Order) by All Plaintiffs. (Fisher, Catherine) (Entered: 01/23/2020)	Jan. 23, 2020	Jan. 23, 2020 PACER
90	ORDER denying 89 Joint Motion to Modify Scheduling Order as more fully set forth herein.. Signed by Honorable Scott L. Palk on 1/29/2020. (md) (Entered: 01/29/2020)	Jan. 29, 2020	Jan. 29, 2020 PACER
91	REPLY to Response to Motion re 80 MOTION to Compel filed by Walter Schmacher. (Shephard, C) (Entered: 01/29/2020)	Jan. 29, 2020	Jan. 29, 2020 PACER
92	RESPONSE in Opposition re 85 CROSS MOTION for Protective Order filed by Walter Schmacher. (Shephard, C) (Entered: 01/29/2020)	Jan. 29, 2020	Jan. 29, 2020 PACER
93	NOTICE to Take Deposition of Allan Garcia by All Defendants. (Shephard, C) (Entered: 01/30/2020)	Jan. 30, 2020	Jan. 30, 2020 PACER
94	NOTICE to Take Deposition of Harry Lincuna by All Defendants. (Shephard, C) (Entered: 01/30/2020)	Jan. 30, 2020	Jan. 30, 2020 PACER
95	NOTICE to Take Deposition of Madelyn Casilao by All Defendants. (Shephard, C) (Entered: 01/30/2020)	Jan. 30, 2020	Jan. 30, 2020 PACER
96	ORDER denying 80 Motion to Compel; granting 85 Motion for Protective Order as more fully set forth herein. The hearing in this matter scheduled for February 6, 2020 is STRICKEN. Signed by Honorable Scott L. Palk on 2/4/2020. (md) (Entered: 02/04/2020)	Feb. 4, 2020	Feb. 4, 2020 RECAP

show / hide docket entries

Case Details

State / Territory: Oklahoma

Case Type(s):

Immigration and/or the Border

Labor Rights

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: July 26, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Filipino nationals who obtained H-2B visas from January 1, 2008 through December 31, 2014, who worked for Defendants upon arrival in the United States.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Schumacher Investments, LLC (Clinton), Private Entity/Person

Hotelmacher LLC (Clinton), Private Entity/Person