Case: Porteous v. Flowers Foods, Inc.

6:23-cv-01840 | U.S. District Court for the District of Oregon

Filed Date: Dec. 7, 2023

Case Ongoing

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Case Summary

In this case, a delivery driver for a baked goods company alleged that the company misclassified its delivery drivers as "independent contractors" as a shortcut to avoid paying delivery drivers overtime and benefits. Defendants were Flowers Foods, Inc., and its subsidiaries: Flowers Bakeries LLC and Flowers Baking Co. of Portland, LLC (“FBC Portland”). (Collectively, the defendants are hereinafter referred to as “Flowers Foods”). The plaintiff had worked as a delivery driver for the defendants …

Defendants were Flowers Foods, Inc., and its subsidiaries: Flowers Bakeries LLC and Flowers Baking Co. of Portland, LLC (“FBC Portland”). (Collectively, the defendants are hereinafter referred to as “Flowers Foods”). The plaintiff had worked as a delivery driver for the defendants since 2016. Flowers Foods classifies delivery drivers as “independent contractors”—not as employees. Flowers Foods is a national packaged food conglomerate that makes and distributes baked goods under popular brand names such as “Wonder Bread,” “Sunbeam,” “Nature’s Own,” and “Dave’s Killer Bread.” At the top of the Flowers Foods corporate hierarchy is Flowers Foods, Inc.. Flowers Foods, Inc. uses a network of wholly owned subsidiaries to contract with delivery drivers and to negotiate sales with retailers (e.g., grocery stores). In this case, FBC Portland contracted with the plaintiff to deliver Flowers Foods baked goods throughout Oregon, while Flowers Bakeries LLC negotiated the sales terms for those goods with the Oregon retailers to which the plaintiff delivered.

The plaintiff filed a lawsuit against Flowers Foods on December 7, 2023, in the U.S. District Court for the District of Oregon, alleging that Flowers Foods (1) violated the Fair Labor Standards Act of 1938 by failing to pay delivery drivers overtime, and (2) violated Oregon law by failing to pay delivery drivers overtime and by unlawfully withholding expense reimbursements to delivery drivers. Per the plaintiff, Flowers Foods misclassified hundreds of its delivery drivers as “independent contractors,” denying those drivers access to employment benefits like overtime while avoiding payroll taxes and other employer obligations.

Specifically, the plaintiff alleged that drivers entered “Distributor Agreement[s]” with Flowers Foods, requiring drivers to pay large sums (often over $100,000) for the right to distribute Flowers Foods products in a specific sales territory. However, Flowers Foods retained nearly complete control over routes, product pricing, shelf space, and merchandising. According to the plaintiff, the Distributor Agreements used language that didn't represent Flowers Foods’ actual business mode. The Distributor Agreements stated that delivery drivers were independent contractors who would purchase products from Flowers Foods and resell those products to retailers. But in reality, Flowers Foods directly negotiated with and sold baked goods to retailers. In other words, the plaintiff contended that Flowers Foods was using a fake business model to avoid paying delivery drivers employee benefits like overtime and expense reimbursements. The plaintiff maintained that he consistently worked over 40 hours per week, entitling him to overtime pay.

The plaintiff filed his lawsuit as a putative class action, asking the court to award owed overtime pay and expenses to a proposed class of “all persons who . . . personally operated under a ‘Distributor Agreement’ or similar arrangement with Flowers Food[s], Inc., or one of its subsidiaries, in Oregon, Washington, or Idaho . . . ." Represented by private counsel, the plaintiff also sought punitive damages and attorneys’ fees.

On July 11, 2024, Flowers Foods filed a motion to compel arbitration. In its motion, Flowers Foods argued that the Distributor Agreement required disputes between delivery drivers and Flowers Foods to be resolved by arbitration—and was therefore subject to the Federal Arbitration Act (a federal law mandating the enforcement of arbitration agreements) (“FAA”). Flowers Foods also argued that the Distributor Agreement’s arbitration provision contained a class action waiver, barring the plaintiff's class action. Accordingly, Flowers Foods asked the court to compel arbitration and to dismiss the class action claim. In response, the plaintiff asserted that the arbitration provision (including the class action waiver within it) was unenforceable under the FAA’s transportation worker exception, which exempts “any . . . class of worker[] engaged in . . . interstate commerce” from the FAA’s requirements.

After the parties briefed the issues, District Judge Ann Aiken issued her ruling on February 12, 2025. First, Judge Aiken ruled that the arbitration clause was (a) unenforceable under Oregon law, and (b) unenforceable under the FAA’s transportation worker exception, because the plaintiff engaged in interstate commerce when delivering baked goods (i.e., the baked goods traveled across state lines, even though the plaintiff only delivered them to retailers in Oregon). Second, Judge Aiken dismissed the plaintiff's class action claim, holding that the Distributor Agreement’s class action waiver was severable (or, valid on its own) from the rest of the arbitration clause, and otherwise lawful. In sum, the plaintiff was allowed to continue litigating his claims in court (and not required to arbitrate), but could not maintain his class action claim. 2025 WL 467583.

Consistent with the district court’s ruling, the plaintiff filed an Amended Complaint on March 5, 2025, asserting the same allegations against Flowers Foods, but only on behalf of himself—not on behalf of a class. As of April 18, 2025, the litigation is ongoing.

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Summary Authors

Gordon Pignato (4/18/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68070658/parties/porteous-v-flowers-foods-inc/

Judge(s)

Aiken, Ann L. (Oregon)

Attorney for Plaintiff

Belcastro, Patsy Jordan (Oregon)

Leiman, Alan J. (Oregon)

Attorney for Defendant

Falcone, Elizabeth A. (Oregon)

Lai, Ethan (Oregon)

Judge(s)

Aiken, Ann L. (Oregon)

Attorney for Plaintiff

Belcastro, Patsy Jordan (Oregon)

Leiman, Alan J. (Oregon)

Markley, Shaun (Oregon)

Nicholas, Craig McKenzie (Oregon)

Tomasevic, Alex M. (Oregon)

Attorney for Defendant

Falcone, Elizabeth A. (Oregon)

Lai, Ethan (Oregon)

Palmer, Jared Lee (Oregon)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 6:23-cv-01840	Class Action Complaint	Dec. 7, 2023	Dec. 7, 2023 Complaint
37 6:23-cv-01840	Opinion and Order	Feb. 12, 2025	Feb. 12, 2025 Order/Opinion 2025 WL 467583
39 6:23-cv-01840	Second Amended Complaint	March 5, 2025	March 5, 2025 Complaint

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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/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/68070658/porteous-v-flowers-foods-inc/

Last updated Aug. 18, 2025, 9:16 p.m.

ECF Number	Description	Date	Link Date / Link
1	Complaint. Filing fee in the amount of $405 collected. Agency Tracking ID: AORDC-9186532 Jury Trial Requested: Yes. Filed by Clint Porteous against All Defendants (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet). (Leiman, Alan) (Entered: 12/07/2023) 1 Exhibit View on PACER 2 Civil Cover Sheet View on PACER	Dec. 7, 2023	Dec. 7, 2023 Clearinghouse
2	CASE MANAGEMENT ORDER. Signed on 12/7/2023 by Judge Ann L. Aiken. (ck) (Entered: 12/07/2023)	Dec. 7, 2023	Dec. 7, 2023 PACER
3	Notice of Case Assignment to Judge Ann L. Aiken and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 4/5/2024. Joint Alternate Dispute Resolution Report is due by 5/6/2024. Pretrial Order is due by 5/6/2024. Ordered by Judge Ann L. Aiken. (le) (Entered: 12/07/2023)	Dec. 7, 2023	Dec. 7, 2023 PACER
4	Proposed Summons (Attachments: # 1 Proposed Summons, # 2 Proposed Summons) Filed by Clint Porteous. (Leiman, Alan) (Entered: 12/07/2023)	Dec. 7, 2023	Dec. 7, 2023 PACER
5	Summons Issued Electronically as to Flowers Foods, Inc. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (le) (Entered: 12/08/2023)	Dec. 8, 2023	Dec. 8, 2023 PACER
6	Summons Issued Electronically as to Flowers Bakeries, LLC. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (le) (Entered: 12/08/2023)	Dec. 8, 2023	Dec. 8, 2023 PACER
7	Summons Issued Electronically as to Flowers Baking Co. of Portland, LLC. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (le) (Entered: 12/08/2023)	Dec. 8, 2023	Dec. 8, 2023 PACER
8	Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Shaun Markley. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9190894. Filed by Clint Porteous. (Markley, Shaun) (Entered: 12/11/2023)	Dec. 11, 2023	Dec. 11, 2023 PACER
	Leave to Appear Pro Hac Vice	Dec. 11, 2023	Dec. 11, 2023 PACER
	Clerk's Review of Pro Hac Vice Motion	Dec. 11, 2023	Dec. 11, 2023 PACER
	Leave to Appear Pro Hac Vice AND Leave to Appear Pro Hac Vice	Dec. 11, 2023	Dec. 11, 2023 PACER
	Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Shaun Markley. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9190894 8 : Reviewed and Ready for Ruling. (jw)	Dec. 11, 2023	Dec. 11, 2023 PACER
9	ORDER: Granting Motion for Leave to Appear Pro Hac Vice 8 . Ordered by Judge Ann L. Aiken. (ck) (Entered: 12/11/2023)	Dec. 11, 2023	Dec. 11, 2023 PACER
10	Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Craig Nicholas. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9191359. Filed by Clint Porteous. (Nicholas, Craig) (Entered: 12/11/2023)	Dec. 11, 2023	Dec. 11, 2023 PACER
11	Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Patsy Jordan Belcastro. Filing fee in the amount of $300 collected; Agency Tracking ID: BORDC-9191430. Filed by Clint Porteous. (Belcastro, Patsy) (Entered: 12/11/2023)	Dec. 11, 2023	Dec. 11, 2023 PACER
	Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Craig Nicholas. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9191359 10 : Reviewed and Ready for Ruling. (jw)	Dec. 11, 2023	Dec. 11, 2023 PACER
	Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Patsy Jordan Belcastro. Filing fee in the amount of $300 collected; Agency Tracking ID: BORDC-9191430 11 : Reviewed and Ready for Ruling. (jw)	Dec. 11, 2023	Dec. 11, 2023 PACER
12	ORDER: Granting Motion for Leave to Appear Pro Hac Vice 10 ; Granting Motion for Leave to Appear Pro Hac Vice 11 . Ordered by Judge Ann L. Aiken. (ck) (Entered: 12/11/2023)	Dec. 11, 2023	Dec. 11, 2023 PACER
13	Waiver of Service of Summons Returned Executed by Flowers Bakeries, LLC waiver sent on 1/11/2024. Filed by Clint Porteous. (Markley, Shaun) (Entered: 02/12/2024)	Feb. 12, 2024	Feb. 12, 2024 PACER
14	Waiver of Service of Summons Returned Executed by Flowers Foods, Inc. waiver sent on 1/11/2024. Filed by Clint Porteous. (Markley, Shaun) (Entered: 02/12/2024)	Feb. 12, 2024	Feb. 12, 2024 PACER
15	Waiver of Service of Summons Returned Executed by Flowers Baking Co. of Portland, LLC waiver sent on 1/11/2024. Filed by Clint Porteous. (Markley, Shaun) (Entered: 02/12/2024)	Feb. 12, 2024	Feb. 12, 2024 PACER
16	Notice of Appearance of Elizabeth A. Falcone appearing on behalf of Flowers Bakeries, LLC, Flowers Foods, Inc., Flowers Baking Co. of Portland, LLC. Filed by on behalf of Flowers Bakeries, LLC, Flowers Foods, Inc., Flowers Baking Co. of Portland, LLC. (Falcone, Elizabeth) (Entered: 03/05/2024)	March 5, 2024	March 5, 2024 PACER
17	Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jared Lee Palmer. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9310360. Filed by Flowers Bakeries, LLC, Flowers Baking Co. of Portland, LLC, Flowers Foods, Inc.. (Palmer, Jared) (Entered: 03/06/2024)	March 6, 2024	March 6, 2024 PACER
	Leave to Appear Pro Hac Vice AND Leave to Appear Pro Hac Vice	March 6, 2024	March 6, 2024 PACER
	Clerk's Review of Pro Hac Vice Motion	March 6, 2024	March 6, 2024 PACER
18	Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Ethan Lai. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9310375. Filed by Flowers Bakeries, LLC, Flowers Baking Co. of Portland, LLC, Flowers Foods, Inc. (Lai, Ethan) Modified on 3/6/2024 to correct name of attorney requesting admission. NEF regenerated. (jw) (Entered: 03/06/2024)	March 6, 2024	March 6, 2024 PACER
	Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jared Lee Palmer. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9310360 17 : Reviewed and Ready for Ruling. (jw)	March 6, 2024	March 6, 2024 PACER
	Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Ethan Lai. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9310375 18 : Reviewed and Ready for Ruling. (jw)	March 6, 2024	March 6, 2024 PACER
19	ORDER: Granting Motion for Leave to Appear Pro Hac Vice 17 ; Granting Motion for Leave to Appear Pro Hac Vice 18 . Ordered by Judge Ann L. Aiken. (ck) (Entered: 03/06/2024)	March 6, 2024	March 6, 2024 PACER
20	Stipulated Stipulation to Stay Case and Extend Defendants' Deadline to Respond to Plaintiff's Complaint by Flowers Bakeries, LLC, Flowers Baking Co. of Portland, LLC, Flowers Foods, Inc.. Filed by Flowers Bakeries, LLC, Flowers Baking Co. of Portland, LLC, Flowers Foods, Inc.. (Attachments: # 1 Proposed Order re Stipulation to Stay Case and Extend Defendants' Deadline to Respond to Plaintiff's Complaint) (Palmer, Jared) Modified on 3/8/2024 to correct event selection. Notice of Electronic Filing regenerated to the parties. (bd) (Entered: 03/07/2024)	March 7, 2024	March 7, 2024 PACER
21	ORDER: Granting Stipulated Motion for Stay 20 . Within 90 days of the date of this order, and every 30 days thereafter, the Parties shall file a joint status report to advise the Court of the status of the proceeding in Bissonnette. When the Supreme Court issues a decision in Bissonnette, the Parties shall notify this Court within five days. Defendants shall have 30 days to respond to Plaintiff's Complaint from the date the Court lifts the stay of the action. Joint Status Report is due by 6/10/2024. Signed on 3/11/2024 by Judge Ann L. Aiken. (ck) (Entered: 03/11/2024)	March 11, 2024	March 11, 2024 PACER
22	Joint Status Report Pursuant To Order Re Stipulation to Stay Case and Extend Defendants' Deadline to Respond to Plaintiff's Complaint. Filed by Flowers Bakeries, LLC, Flowers Baking Co. of Portland, LLC, Flowers Foods, Inc.. (Palmer, Jared) (Entered: 04/17/2024)	April 17, 2024	April 17, 2024 PACER
23	Scheduling Order. The Court is in receipt of the parties' Joint Status Report 22 and LIFTS the stay. Answer is due by 5/20/2024. Ordered by Judge Ann L. Aiken. (ck) (Entered: 04/18/2024)	April 18, 2024	April 18, 2024 PACER
	1 - Scheduling	April 18, 2024	April 18, 2024 PACER
24	Stipulated Motion for Extension of Time to Answer Complaint and to Modify Motion Briefing Schedule. Filed by Flowers Bakeries, LLC, Flowers Foods, Inc., Flowers Baking Co. of Portland, LLC. (Attachments: # 1 Proposed Order Re Stipulation to Extend Defendants' Deadline to Respond to Plaintiff's Complaint and to Modify Motion Briefing Schedule) (Palmer, Jared) (Entered: 05/15/2024)	May 15, 2024	May 15, 2024 PACER
25	ORDER: Granting Stipulated Motion for Extension of Time 24 . Motion to Dismiss to be filed by 5/28/2024. Response is due by 6/27/2024. Reply is due by 7/18/2024. Ordered by Judge Ann L. Aiken. (ck) (Entered: 05/16/2024)	May 16, 2024	May 16, 2024 PACER
	1 - Scheduling	May 16, 2024	May 16, 2024 PACER
26	Corporate Disclosure Statement . Filed by Flowers Bakeries, LLC, Flowers Baking Co. of Portland, LLC, Flowers Foods, Inc.. (Palmer, Jared) (Entered: 05/28/2024)	May 28, 2024	May 28, 2024 PACER
27	Motion to Compel Individual Arbitration, Strike Class and Collective Allegations, and Stay the Proceedings. Oral Argument requested. Filed by Flowers Bakeries, LLC, Flowers Baking Co. of Portland, LLC, Flowers Foods, Inc.. (Palmer, Jared) (Entered: 05/28/2024)	May 28, 2024	May 28, 2024 RECAP
28	Declaration of Robert Stewart In Support of Motion to Compel Individual Arbitration, Strike Class and Collective Allegations, and Stay the Proceedings. Filed by Flowers Bakeries, LLC, Flowers Baking Co. of Portland, LLC, Flowers Foods, Inc.. (Related document(s): Motion to Compel 27 .) (Attachments: # 1 Exhibit 1 to Declaration of Robert Stewart) (Palmer, Jared) (Entered: 05/28/2024)	May 28, 2024	May 28, 2024 PACER
29	Stipulated Motion for Extension of Time to Modify Parties' Motion to Compel Arbitration Briefing Schedule. Filed by Clint Porteous. (Attachments: # 1 Proposed Order) (Markley, Shaun) (Entered: 06/21/2024)	June 21, 2024	June 21, 2024 PACER
30	ORDER: Granting 29 Stipulated Motion for Extension of Time. Response to 27 is due by 7/11/2024. Reply is due by 8/1/2024. Motion is taken under advisement as of 8/5/2024. Ordered by Judge Ann L. Aiken. (ck) (Entered: 06/24/2024)	June 24, 2024	June 24, 2024 PACER
	Order on Motion for Extension of Time	June 24, 2024	June 24, 2024 PACER
31	Response in Opposition to Motion to Compel Individual Arbitration, Strike Class and Collective Allegations, and Stay the Proceedings 27 Oral Argument requested. Filed by Clint Porteous. (Attachments: # 1 Declaration of Shaun Markley, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Request for Judicial Notice, # 15 Declaration of Plaintiff Clint Porteous, # 16 Declaration of Chuck Rich, # 17 Declaration of Robert Stewart) (Markley, Shaun) (Entered: 07/11/2024) 1 Declaration of Shaun Markley View on PACER 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 Exhibit C View on PACER 5 Exhibit D View on PACER 6 Exhibit E View on PACER 7 Exhibit F View on PACER 8 Exhibit G View on PACER 9 Exhibit H View on PACER 10 Exhibit I View on PACER 11 Exhibit J View on PACER 12 Exhibit K View on PACER 13 Exhibit L View on PACER 14 Request for Judicial Notice View on PACER 15 Declaration of Plaintiff Clint Porteous View on PACER 16 Declaration of Chuck Rich View on PACER 17 Declaration of Robert Stewart View on PACER	July 11, 2024	July 11, 2024 RECAP
32	Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Alex M. Tomasevic. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9503386. Filed by Clint Porteous. (Tomasevic, Alex) (Entered: 07/23/2024)	July 23, 2024	July 23, 2024 PACER
	Clerk's Review of Pro Hac Vice Motion	July 23, 2024	July 23, 2024 PACER
	Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Alex M. Tomasevic. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9503386 32 : Reviewed and Ready for Ruling. (jw)	July 23, 2024	July 23, 2024 PACER
33	ORDER: Granting Motion for Leave to Appear Pro Hac Vice 32 . Ordered by Judge Ann L. Aiken. (ck) (Entered: 07/24/2024)	July 24, 2024	July 24, 2024 PACER
	Leave to Appear Pro Hac Vice	July 24, 2024	July 24, 2024 PACER
34	Reply to Motion to Compel Individual Arbitration, Strike Class and Collective Allegations, and Stay the Proceedings 27 Oral Argument requested. Filed by All Defendants. (Palmer, Jared) (Entered: 08/01/2024)	Aug. 1, 2024	Aug. 1, 2024 RECAP
35	Declaration of Jared L. Palmer in support of Reply ISO Motion to Compel Arbitration. Filed by All Defendants. (Related document(s): Motion to Compel 27 .) (Attachments: # 1 Exhibit Exhibit A to Declaration of Jared L. Palmer in support of Motion to Compel Arbitration, # 2 Exhibit Exhibit B to Declaration of Jared L. Palmer in support of Motion to Compel Arbitration, # 3 Exhibit Exhibit C to Declaration of Jared L. Palmer in support of Motion to Compel Arbitration, # 4 Exhibit Exhibit D to Declaration of Jared L. Palmer in support of Motion to Compel Arbitration) (Palmer, Jared) (Entered: 08/01/2024)	Aug. 1, 2024	Aug. 1, 2024 PACER
36	Notice re Response in Opposition to Motion,, 31 of Supplemental Authority Filed by Clint Porteous. (Related document(s): Response in Opposition to Motion,, 31 .) (Attachments: # 1 Exhibit 1) (Markley, Shaun) (Entered: 11/12/2024) 1 Exhibit 1 View on PACER	Nov. 12, 2024	Nov. 12, 2024 RECAP
37	OPINION AND ORDER: Defendants' Motion to Compel Arbitration is DENIED and Defendants' Motion to Strike the Class and Collective Action Allegations of the Complaint is GRANTED. ECF No. 27 . Plaintiff is to submit a conforming complaint within fourteen (14) days of the date of this Order. Signed on 2/12/2025 by Judge Ann L. Aiken. (ck)	Feb. 12, 2025	Feb. 12, 2025 Clearinghouse
38	First Amended Complaint . Filed by Clint Porteous against Flowers Bakeries, LLC, Flowers Baking Co. of Portland, LLC, Flowers Foods, Inc.. (Markley, Shaun) (Entered: 02/26/2025)	Feb. 26, 2025	Feb. 26, 2025 PACER
39	Second Amended Complaint . Filed by Clint Porteous against Flowers Bakeries, LLC, Flowers Baking Co. of Portland, LLC, Flowers Foods, Inc.. (Markley, Shaun) (Entered: 03/05/2025)	March 5, 2025	March 5, 2025 Clearinghouse
40	Motion for Reconsideration (Partial) of Scheduling Order,, Opinion and Order, 37 . Oral Argument requested. Filed by Clint Porteous. (Markley, Shaun) (Entered: 03/10/2025)	March 10, 2025	March 10, 2025 PACER
41	Stipulated Motion for Extension of Time To Extend Briefing Schedule On Plaintiffs Motion For Partial Reconsideration Re: Courts Opinion & Order (ECF NO. 40). Filed by Flowers Bakeries, LLC, Flowers Baking Co. of Portland, LLC, Flowers Foods, Inc.. (Attachments: # 1 Proposed Order [Proposed] Order Re: Stipulated Motion To Extend Briefing Schedule On Plaintiffs Motion For Partial Reconsideration Re: Courts Opinion & Order (ECF NO. 40)) (Palmer, Jared) (Entered: 03/18/2025)	March 18, 2025	March 18, 2025 PACER
42	ORDER: Granting 41 Stipulated Motion for Extension of Time. Response to Motion for Reconsideration 40 is due by 4/1/2025. Reply is due by 4/23/2025. Motion is taken under advisement as of 4/28/2025. Ordered by Judge Ann L. Aiken. (ck) (Entered: 03/19/2025)	March 19, 2025	March 19, 2025 PACER
	Order on Motion for Extension of Time	March 19, 2025	March 19, 2025 PACER
43	Notice of Attorney Withdrawal: Notice of Withdrawal of Counsel Ethan Lai Filed by All Defendants. (Lai, Ethan) (Entered: 03/19/2025)	March 19, 2025	March 19, 2025 PACER
44	Answer to 39 Amended Complaint Second Amended Complaint (SAC). Filed by Flowers Bakeries, LLC, Flowers Foods, Inc., Flowers Baking Co. of Portland, LLC. (Palmer, Jared) (Entered: 03/19/2025)	March 19, 2025	March 19, 2025 PACER
45	Response in Opposition to Motion for Reconsideration (Partial) of Scheduling Order,, Opinion and Order, 37 40, Response to Motion for Reconsideration (Partial) of Scheduling Order,, Opinion and Order, 37 40 . Filed by Flowers Bakeries, LLC, Flowers Baking Co. of Portland, LLC, Flowers Foods, Inc.. (Palmer, Jared) (Entered: 04/01/2025)	April 1, 2025	April 1, 2025 PACER
46	Reply to Defendants' Opposition to Motion for Reconsideration (Partial) of Scheduling Order,, Opinion and Order, 37 40 . Filed by Clint Porteous. (Markley, Shaun) (Entered: 04/23/2025)	April 23, 2025	April 23, 2025 PACER