Williams v. Mohawk Industries Inc.

U. S. Court of Appeals for the Eleventh Circuit

314 F.Supp.2d 1333

U. S. Court of Appeals for the Eleventh Circuit

2004 WL 3634830

Williams v. Mohawk Industires

U. S. Court of Appeals for the Eleventh Circuit

Williams v. Mohwak Industries

U. S. Court of Appeals for the Eleventh Circuit

2004 WL 3634831

U. S. Court of Appeals for the Eleventh Circuit

2004 WL 3634832

U. S. Court of Appeals for the Eleventh Circuit

411 F.3d 1252

U. S. Court of Appeals for the Eleventh Circuit

Oyez Project

COMPLAINT filed and summons(es) issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney; jury demand; FILING FEE $ 150.00; RECEIPT # 364113 (jta) (Entered: 01/06/2004)

Application for admission of Howard Foster pro hac vice for plaintiffs; $100.00 fee paid; Receipt #364114 (jta) (Entered: 01/06/2004)

ENDORSED ORDER by Judge Harold L. Murphy GRANTING [2-1] pro hac vice application for Howard Foster to appear o/b/o plas (cc, Mr. Foster) (jta) (Entered: 01/06/2004)

EMERGENCY MOTION by plaintiffs for order (1) clarifying that plas' counsel may communicate w/ putative class members who initiate contact w/ plas' counsel; (2) shortening time to resolve class comms issues; and (3)shortening time for parties to conduct Rule 26 planning conf. with brief in support and proposed order. (to HLM) (jta) (Entered: 01/06/2004)

ORDER by Judge Harold L. Murphy GRANTING [4-1] motion for order (1) clarifying that plas' counsel may communicate w/ putative class members who initiate contact w/ plas' counsel; (2) shortening time to resolve class comms issues; and (3)shortening time for parties to conduct Rule 26 planning conf., [5-1] order to be submitted on 1/26/04 (cc) (jta) (Entered: 01/06/2004)

EMERGENCY MOTION by defendant to modify the court's 1/6/04 order with memorandum in support; exhibits A-D (D is proposed order) (jta) Modified on 01/13/2004 (Entered: 01/12/2004)

Brief by plaintiff in opposition to dft's [6-1] Emergency motion to modify the court's 1/6/04 order; exhibit A attached (prop order). (jta) (Entered: 01/13/2004)

Return of service executed 1/6/04 as to Mohawk Industries on original complaint (jta) (Entered: 01/13/2004)

Steno notes of proceedings held 1/14/04 before Judge Harold L. Murphy; Court Reporter: Dennis J. Reidy. (bjj)

MOTION by plaintiffs for entry of document preservation order with brief, exhibits A,1,B in support. (bjj) (Entered: 01/16/2004)

Reply by defendant in support of its [6-1] emergency motion to modify the court's 1/6/04 order; att'd exhibit A. (bjj) (Entered: 01/16/2004)

TELE-CONFERENCE HELD before Judge Harold L. Murphy re [6-1] motion to modify the court's 1/6/04 order; written order to follow. (bjj) (Entered: 01/16/2004)

ORDER by Judge Harold L. Murphy: VACATING the Jan. 6th, 2004 Order [5-1,5-2] & the Court MODIFIES said order to add certain language; Answer due 2/9/04 for Mohawk Ind. ; joint prel rpt & plan is due 20 days after the answer ddl; [12-1] order re prel rpt & plan ddl to be submitted on 2/29/04 ; GRANTING [6-1] motion to modify the court's 1/6/04 order. (cc) (bjj) (Entered: 01/16/2004)

Added attys for deft Mohawk Industries: Robert Carl Cannon and Rosemary C. Lumpkins. (bjj)

Application for admission of Steven Thomas Cottreau pro hac vice for deft Mohawk Industries; $100 fee paid; Receipt #364172. (bjj) (Entered: 02/03/2004)

Application for admission of Juan P. Morillo pro hac vice for deft Mohawk Industries; $100 fee paid; Receipt # 364172. (bjj) (Entered: 02/03/2004)

Application for admission of Virginia A. Seitz pro hac vice for deft Mohawk Industries; $100 fee paid; Receipt # 364172. (bjj) (Entered: 02/03/2004)

ENDORSED ORDER by Judge Harold L. Murphy: GRANTING [13-1] pro hac vice application for Steven Thomas Cottreau to appear o/b/o deft. (cc) (bjj) (Entered: 02/03/2004)

ENDORSED ORDER by Judge Harold L. Murphy: GRANTING [14-1] pro hac vice application for Juan P. Morillo to appear o/b/o deft. (cc) (bjj) (Entered: 02/03/2004)

ENDORSED ORDER by Judge Harold L. Murphy: GRANTING [15-1] pro hac vice application for Virginia A. Seitz to appear o/b/o deft. (cc) (bjj) (Entered: 02/03/2004)

Joint MOTION to extend time for deft to respond to pla's [9-1] motion for entry of document preservation order (bjj) (Entered: 02/04/2004)

ORDER by Judge Harold L. Murphy: GRANTING [19-1] joint motion to extend time until 2/9/04 for deft to respond to pla's [9-1] motion entry of document preservation order; [9-1] motion for entry of document preservation order to be submitted on 2/9/04 (cc) (bjj) (Entered: 02/04/2004)

Added attys for deft Mohawk Industries: Steven Thomas Cottreau, Juan P. Morillo, and Virginia A. Seitz. (bjj)

RULE 23.1 (C)(2) STATEMENT Of Views On Class Communications Issues by plaintiffs. (bjj) (Entered: 02/12/2004)

Notice of Withdrawal of [9-1] motion for entry of document preservation order by plas. (bjj) (Entered: 02/12/2004)

STATEMENT & MOTION by defendant to vacate [12-1] prior order restricting deft's communications with putative class members with brief in support. (bjj) (Entered: 02/18/2004)

MOTION by defendant to stay certain preliminary proceedings pending this Court's ruling on deft's motion to dismiss with brief in support. (bjj) (Entered: 02/18/2004)

MOTION by defendant to dismiss action with Brief in support. (Brief not scanned) (bjj) Modified on 10/1/2004 to add text of "Brief in support" (bjj). (Entered: 02/18/2004)

MOTION by defendant to file excess pages re brief in support of motion to dismiss with prop brief in support. (bjj) (Entered: 02/18/2004)

Joint MOTION to extend page limit for plas' response to deft's motion to dismiss ; prop order. (bjj) (Entered: 02/19/2004)

Brief in Opposition by plaintiffs to deft's [24-1] motion to stay certain preliminary proceedings. (bjj) (Entered: 02/20/2004)

ORDER by Judge Harold L. Murphy DENYING dft's [24-1] motion to stay certain preliminary proceedings pending this Court's ruling on deft's motion to dismiss by Mohawk Industries (cc) (jta) (Entered: 02/20/2004)

ORDER by Judge Harold L. Murphy: GRANTING deft's [26-1] motion to file excess pages re brief in support of motion to dismiss; the brief is accepted as filed. (cc) (bjj) (Entered: 02/23/2004)

ORDER by Judge Harold L. Murphy: GRANTING [27-1] joint motion to extend page limit for plas' response to deft's motion to dismiss; plas may file a 41 page response. (cc) (bjj) (Entered: 02/23/2004)

Response by defendant to plas' [21-1] Rule 23.1 Statement of Views on Class Communication Issues (jta) (Entered: 03/01/2004)

Joint MOTION to extend time through and including 3/9/04 for plas' response to dft's [25-1] motion to dismiss action (to HLM) (jta) Modified on 03/01/2004 (Entered: 03/01/2004)

ORDER by Judge Harold L. Murphy GRANTING [33-1] joint motion to extend time through and including 3/9/04 for plas' response to dft's [25-1] motion to dismiss action, [34-1] order to be submitted on 3/10/04 (cc) (jta) (Entered: 03/01/2004)

Response by plas to deft's [32-1] response to plas' [21-1] L.R. 23.1 (C)(2) Statement AND Pla's reply in support of their L.R. 23.1(C)(2) Statement. (bjj) (Entered: 03/02/2004)

Added attorney for plaintiffs: Howard Foster. (bjj)

Joint Preliminary Report and Discovery Schedule. (to judge) (jta) (Entered: 03/02/2004)

Brief by plaintiffs in opposition to dft's [25-1] motion to dismiss action (jta) (Entered: 03/10/2004)

ANSWERS TO INITIAL DISCLOSURES by plaintiffs. (bjj) (Entered: 03/11/2004)

Certificate of interested persons. (bjj) (Entered: 03/11/2004)

SUBMITTED to Judge Harold L. Murphy on deft's [23-1] motion to vacate [12-1] prior order restricting deft's communications with putative class members; deft's [25-1] motion to dismiss action, with pla's [37-1] brief in opposition to said motion. (bjj)

ORDER by Judge Harold L. Murphy ADOPTING [36-1] jt preliminary report & discovery plan w/ modifications of the discovery plan setting an 8 month discovery track; first 4 months whether Ct will certify a class in this action & 2nd phase regarding the merits of plas' claims; Parties are directed to confer in re terms of proto governing the production of confidential information. (see order for details) (cc) (bj) (Entered: 03/17/2004)

CONSENT MOTION to file excess pages for deft's reply ; prop order. (bjj) (Entered: 03/29/2004)

ORDER by Judge Harold L. Murphy: GRANTING [41-1] joint motion to file excess pages for deft's reply. (cc) (bjj) (Entered: 03/31/2004)

Reply by deft Mohawk Industries to pla's [37-1] Brief in opposition to deft's [25-1] motion to dismiss action. (bjj) (Entered: 03/31/2004)

ORDER by Judge Harold L. Murphy: GRANTING IN PART AND DENYING IN PART [25-1] motion to dismiss action by Mohawk; specifically, the Court DENIES deft's motion to dismiss as to all Federal and Georgia RICO allegations in plas' complaint, DENIES deft's motion to dismiss as to plas' unjust enrichment claim as it relates to deft's wage savings in employing plas at a diminished wage rate, and GRANTS deft's motion to dismiss as to plas' unjust respect to worker's compensation claims. (cc) (bjj) (Entered: 04/12/2004)

ORDER by Judge Harold L. Murphy: the Court orders the parties to notify the Court w/in 10 days from the date of this Order concerning whether the parties desire a hearing w/respect to the class communications issue; [45-1] order re 10 day ddl to be submitted on 4/29/04 (cc) (bjj) (Entered: 04/15/2004)

MOTION by deft Mohawk Industries to amend [44-1] order of the Court re deft's motion to dismiss to permit interlocutory appeal and for stay of discovery with Memo of Law in support. (bjj) (Entered: 04/23/2004)

Response by plaintiffs to [45-1] order. (bjj) (Entered: 04/23/2004)

ANSWER to complaint [1-1] by Mohawk Industries Discovery ends 9/25/04 (jph) (Entered: 04/30/2004)

Response by defendant to [45-1] order (jph) (Entered: 04/30/2004)

SUBMITTED to Judge Harold L. Murphy on [45-1] order directing parties to notify the Court concerning any desire for a hearing re class communications issues, with plas' [47-1] response to order, and deft's [49-1] response to order. (bjj)

Reply by plaintiffs to deft's [49-1] response to [45-1] order. (bjj) (Entered: 05/03/2004)

Response by plaintiffs to deft's [46-1] motion to amend [44-1] order of the Court re deft's motion to dismiss to permit interlocutory appeal and for stay of discovery. (bjj) (Entered: 05/07/2004)

SUBMITTED to Judge Harold L. Murphy on deft's [46-1] motion to amend [44-1] order of the Court re deft's motion to dismiss to permit interlocutory appeal and for stay of discovery, with plas' [51-1] response. (bjj)

Reply by deft to plas' [50-1] reply to deft's [49-1] response to the Court's [45-1] order. (bjj) (Entered: 05/12/2004)

Joint MOTION to extend time to file prop protective order ; prop order. (bjj) (Entered: 05/17/2004)

ORDER by Judge Harold L. Murphy: GRANTING [53-1] joint motion to extend time until 5/19/04 to file prop protective order; [54-1] order re prop proto ddl to be submitted on 5/19/04 (cc) (bjj) (Entered: 05/18/2004)

AGREED PROTECTIVE ORDER ENTERED by Judge Harold L. Murphy. (bjj) (Entered: 05/21/2004)

Reply by deft Mohawk Industries in support of its [46-1] motion to amend [44-1] order of the Court re deft's motion to dismiss to permit interlocutory appeal and for stay of discovery. (bjj) (Entered: 05/24/2004)

ORDER by Judge Harold L. Murphy: DENYING [23-2] motion to vacate [12-1] prior order restricting deft's communications with putative class members by Mohawk Industries; REJECTING [21-1] Statement of Views re class communications by Shirley Williams, Gale Pelfrey, Bonnie Jones, and Lora Sisson; REJECTING [23-1] Statement of Views re class communications by deft; the 1/14/04 Order governing class communications remain in effect w/out modification. (cc) (bjj) (Entered: 05/27/2004)

ORDER by Judge Harold L. Murphy: GRANTING deft's [46-1] motion to amend [44-1] Order of the Court re deft's motion to dismiss to permit interlocutory appeal and for stay of discovery w/out prejudice as to issues re class certification until the Eleventh Circuit disposes of the interlocutory appeal; the Court AMENDS the April 12th, 2004 Order to provide that deft may seek interlocutory review of said Order pursuant to 28 U.S.C.A. Section 1292(b). (cc) (bjj) (Entered: 05/27/2004)

COPY OF ORDER from USCA GRANTING permission to Appeal pursuant to 28 U.S.C. 1292(b). USCA #04-90017-B (bj) (Entered: 08/06/2004)

NOTICE OF INTERLOCUTORY APPEAL by dft as to 59 order by USCA granting permission to appeal pursuant to 28 U.S.C. 1292(b). Filing fee $ 255, receipt number 364523. Transcript Order Form due on 8/18/2004 (bj)

TRANSCRIPT ORDER FORM by Mohawk Industries, Inc. re Notice of Appeal, Case Appealed to 11th Circuit Case Number 04-13740-A. Certificate of Readiness due on 8/18/2004 (bj) (Entered: 08/23/2004)

CERTIFICATE OF READINESS of Appeal Record re Notice of Appeal filed by Mohawk Industries, Inc. USCA Case Number 04-90017-B (bj)

NOTICE of Docketing Record on Appeal from USCA re Notice of Appeal filed by Mohawk Industries, Inc.. Case Appealed to 11th Circuit Case Number 04-13740-AA. (bj)

Certified and Transmitted Record on Appeal to US Court of Appeals re Notice of Appeal Case Appealed to 11th Circuit Case Number 04-13740-AA. (3 vols pldgs) (bj)

MOTION to Lift the Stay of Discovery 58 Order, with Brief In Support by Shirley Williams, Gale Pelfrey, Bonnie Jones, Lora Sisson. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Thorpe, Joshua) (Entered: 07/29/2005)

MOTION for Order -- Defendant's Motion to Continue the Stay of Discovery Pending Its Petition for Certiorari with Brief In Support by Mohawk Industries, Inc.. (Attachments: # 1)(Cannon, R.) (Entered: 08/11/2005)

RESPONSE in Opposition re 62 MOTION for Order -- Defendant's Motion to Continue the Stay of Discovery Pending Its Petition for Certiorari filed by Shirley Williams, Gale Pelfrey, Bonnie Jones, Lora Sisson. (Thorpe, Joshua) (Entered: 08/15/2005)

CERTIFICATE OF SERVICE for Plaintiffs' First Interrogatories to Defendant, Plaintiffs' First Request for Production of Documents to Defendant, Plaintiffs' Second Request for Production of Documents to Defendant, and Plaintiffs' Notice To Take Rule 30(b)(6) Deposition by Shirley Williams, Gale Pelfrey, Bonnie Jones, Lora Sisson.(Thorpe, Joshua) (Entered: 08/17/2005)

Certified copy of JUDGMENT of USCA AFFIRMING IN PART, REVERSING IN PART the decision of the District Court and REMANDING to the District Court for further proceedings re: Notice of Appeal filed by Mohawk Industries, Inc., Case Appealed to 11th Circuit. Case Number 04-13740-AA. (jta) (Entered: 08/18/2005)

Appeal Record Returned: Notice of Appeal Case Appealed to 11th Circuit Case Number 04-13740-AA. (3 vols of pldgs) (jta)

ORDER making the USCA mandate the judgment of this Court re Notice of Appeal USCA Appeal Number 04-13740-AA. Signed by Judge Harold L. Murphy on 08/18/05. (jta) (Entered: 08/18/2005)

REPLY to Response to Motion re 62 MOTION for Order -- Defendant's Motion to Continue the Stay of Discovery Pending Its Petition for Certiorari - Defendant's Reply in Support of Its Motion to Continue the Stay of Discovery Pending Its Petition for Certiorari filed by Mohawk Industries, Inc.. (Cannon, R.) (Entered: 08/18/2005)

ORDER denying as moot Plaintiffs' 61 Motion to Lift the Stay of Discovery and granting Deft Mohawk Industries, Inc.'s 62 Motion to Continue the Stay of Discovery pending its Petition for Certiorari. The Court STAYS discovery in this case until the Supreme Court either (a) denies Deft's petition for a writ of certiorari or (b) decides the case on the merits after granting Deft's petition. Signed by Judge Harold L. Murphy on 8/18/05. (bjj) (Entered: 08/19/2005)

NOTICE of Change of Address for Howard Foster, counsel for Shirley Williams (Foster, Howard) (Entered: 01/09/2006)

NOTICE by Mohawk Industries, Inc. of Firm Name Change (Cannon, R.) (Entered: 01/27/2006)

Certified and Transmitted Record on Appeal to US Supreme Court re Notice of Interlocutory Appeal. Case Appealed to US Supreme Court. Case number 05-465. Court of Appeal Case Number 04-13740-AA. (Attachments: # 1 Request from USSC)(jta) (Entered: 03/15/2006)

USSC acknowledgment of record (rcvd 3/21/06). Case Appealed to the Supreme Court of the U.S. Case Number 05-465. (jta) (Entered: 03/27/2006)

Record returned from the United States Supreme Court. (1 box/3 vols) (jta) (Entered: 07/20/2006)

Appeal Remark: Received certified copy of CORRECTED judgment and a copy of USCA's opinion re: [65}. Case Appealed to 11th Circuit Case Number 04-13740-AA. (dob) (Entered: 12/05/2006)

MOTION for Discovery by Shirley Williams, Gale Pelfrey, Bonnie Jones, Lora Sisson. (Doherty, Ronan) Modified on 12/13/2006 (dob). Modified on 12/13/2006 (dob). (Entered: 12/12/2006)

MOTION for Discovery [Brief with Exhibits] with Brief In Support by Shirley Williams, Gale Pelfrey, Bonnie Jones, Lora Sisson. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Doherty, Ronan) Modified on 12/13/2006 (dob). (Entered: 12/12/2006)

MOTION for Discovery with Brief In Support by Shirley Williams, Gale Pelfrey, Bonnie Jones, Lora Sisson. (Attachments: # 1 Brief # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C)(Doherty, Ronan) (Entered: 12/13/2006)

NOTICE by Mohawk Industries, Inc. re 77 MOTION for Discovery - Intent to File Opposition (Cannon, R.) (Entered: 12/13/2006)

RESPONSE in Opposition re 77 MOTION for Discovery filed by Mohawk Industries, Inc.. (Attachments: # 1 Appendix A - Petition for Certiorari)(Cannon, R.) (Entered: 01/02/2007)

Submission of 77 MOTION for Discovery, with 78 Notice (Other) and 79 Response in Opposition to Motionsubmitted to District Judge Harold L. Murphy. (dob)

REPLY BRIEF re 77 MOTION for Discovery Reply Brief In Support Of Plaintiffs' Motion To Commence Discovery filed by Shirley Williams, Gale Pelfrey, Bonnie Jones, Lora Sisson. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Doherty, Ronan) (Entered: 01/11/2007)

ORDER denying 77 Motion for Discovery. The Court Stays discovery in this case until the Supreme Court either denies Def's petition for a writ of certiorari or decied the case on the merits after grandting Def's petition. . Signed by Judge Harold L. Murphy on 01/16/2007. (dob) (Entered: 01/16/2007)

Copy of letter dated 3/1/2007. The Supreme Court has denied certiorari, The court's mandate having previously issued, no further action will be taken by this court. (dob) (Entered: 03/05/2007)

CERTIFICATE OF SERVICE Notice of service of Subpoenas addressed to Randstad Staffing Services, Inc. and Chase Staffing Services, Inc. by Shirley Williams, Gale Pelfrey, Bonnie Jones, Lora Sisson.(Doherty, Ronan) Modified on 3/30/2007 to correctly reflect text (dob). (Entered: 03/12/2007)

Notice of filing Deposition by Shirley Williams, Gale Pelfrey, Bonnie Jones, Lora Sisson.(Doherty, Ronan) Modified on 3/30/2007 to reflect correct event. (dob). (Entered: 03/12/2007)

Emergency MOTION for Hearing Regarding Mohawk's Contact With Witnesses with Brief In Support by Shirley Williams, Gale Pelfrey, Bonnie Jones, Lora Sisson. (Attachments: # 1 Brief In Support# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D)(Doherty, Ronan) (Entered: 03/21/2007)

NOTICE by Mohawk Industries, Inc. re 85 Emergency MOTION for Hearing Regarding Mohawk's Contact With Witnesses - Intent to File Opposition (Cannon, R.) (Entered: 03/23/2007)

ORDER directing counsel for Def to file Def's response to 85 Emergency MOTION for Hearing Regarding Mohawk's Contact With Witnesses filed by Gale Pelfrey, Bonnie Jones, Lora Sisson, Shirley Williams by 5:00pm 3/30/2007. The Court directs counsel for the Pla in Carpenter to file any response that counsel may wish to file re 85 Motion by 5:00 on 3/30/2007. The Court further directs the Clerk to add Norman Carpenter as a movant in the instant action The Court Directs counsel for Pla to file their reply in support of their 85 Motion by 5:00 pm on 4/6/2007 Signed by Judge Harold L. Murphy on 03/23/2007. (dob) (Entered: 03/23/2007)