Case: Williams v. Mohawk Industries

4:04-cv-00003 | U.S. District Court for the Northern District of Georgia

Filed Date: Jan. 6, 2004

Closed Date: Aug. 19, 2010

Clearinghouse coding complete

Case Summary

On January 6, 2004, current and former employees of Mohawk Industries Inc., a giant carpet and rug manufacturer, filed a class action lawsuit in the U.S. District Court Northern District of Georgia, alleging that Mohawk engaged in a massive scheme to hire undocumented immigrants for the express purpose of depressing employee wages.In furtherance of their scheme, defendants were alleged to have: traveled to border towns to recruit undocumented immigrants to work in their plants, provided transpo…

On January 6, 2004, current and former employees of Mohawk Industries Inc., a giant carpet and rug manufacturer, filed a class action lawsuit in the U.S. District Court Northern District of Georgia, alleging that Mohawk engaged in a massive scheme to hire undocumented immigrants for the express purpose of depressing employee wages.

In furtherance of their scheme, defendants were alleged to have: traveled to border towns to recruit undocumented immigrants to work in their plants, provided transportation and temporary housing to undocumented workers, turned a blind eye to obviously fake work papers, assisted undocumented workers in evading detection by law enforcement, hid workers during immigration enforcement raids, "recycled workers" (rehired workers under a different name that had previously been fired after being "discovered" to be illegal and unauthorized to work), and concealed the scheme by destroying documents. The plaintiff alleged that defendants' scheme violated the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1961 et seq., and the Immigration and Nationality Act, 8 U.S.C. § 1324(a) et seq. The plaintiff was represented by private counsel.

Mohawk moved to dismiss the case. The district court (Judge Harold L. Murphy) denied the motion with respect to the plaintiffs' RICO claims and the claim that the defendant was unjustly enriched by paying wages less than it would have been forced to pay, had it not hired undocumented workers. The court dismissed the plaintiffs' unjust enrichment claim with respect to having fewer workers' compensation claims on account of undocumented workers. Accordingly, the defendant appealed. The Court of Appeals for the 11th Circuit affirmed the decision with respect to the RICO claims, but held that all unjust enrichment claims should have been dismissed. Williams v. Mohawk Indus., Inc., 411 F.3d 1252 (11th Cir. 2005). Subsequently, the U.S. Supreme Court vacated the opinion and remanded the case to the 11th Circuit for further consideration in light of Anza v. Ideal Steel Supply Corp., 126 S.Ct. 1991, 164 L.Ed.2d 720 (2006). Mohawk Industries, Inc. v. Williams, 126 S.Ct. 2016 (2006).

On remand from the Supreme Court, the 11th Circuit restated its prior opinion, with a slight modification. Williams v. Mohawk Indus., Inc., 465 F.3d 1277 (11th Cir. 2006). Further review by the Supreme Court was denied.

On December 19, 2007, the plaintiffs moved to certify the following class: "All persons legally authorized to be employed in the United States who are or have been employed in hourly positions by Mohawk Industries, Inc., its subsidiaries or affiliates in Georgia at any time from January 5, 1999, to the present, other than Excluded Employees," where "Excluded Employees" were employees whose time at Mohawk had been limited to a specific list of facilities. The district court denied the motion on March 3, 2008, holding that the plaintiffs did not satisfy the commonality and typicality requirements. Fed. R. Civ. P. 23(a). Mohawk's operations, including its use of temporary employment agencies and wage-setting practices, were decentralized; rather than decisions being made on the corporate level, operations were conducted on a facility-by-facility basis, and so the plaintiff class lacked commonality. For typicality, some of the named plaintiffs did not work at facilities using temporary employment agencies, did not work at all of the facilities listed in the class definition, or lacked standing for injunctive relief. The district court also concluded that the proposed class would be unmanageable.

The plaintiffs appealed in March 2008 to the Eleventh Circuit, which vacated the district court's decision to deny the class certification on May 28, 2009. The Court of Appeals held that the plaintiffs' complaint did raise questions common to all members of the class and that the "atypical" plaintiffs' claims were based on the same legal theory. Because of the district court's conclusion about commonality, it erroneously concluded that the proposed class would be unmanageable. The appeals court remanded the case, instructing the trial court to consider "whether the common issues predominated over individual issues and whether a class action was superior to individual actions." Williams v. Mohawk Indus., Inc., 568 F.3d 1350 (11th Cir. 2009). The defendants appealed to the Supreme Court, which denied the petition for cert on November 2, 2009.

On April 9, 2010, the parties proposed a settlement agreement to the district court. The agreement included a commitment from the defendants to conduct training regarding verification of employment eligibility and a settlement fund. The latter would start with an initial deposit of $12 million, and go up to $18 million as necessary. In addition to paying the named plaintiffs and individual class members (based on length of employment at Mohawk), the settlement fund would also be used to pay for settlement administration costs and attorneys' fees. The proposed settlement class was all employees who worked at Mohawk between January 1, 1999, and December 31, 2009. The district court granted final approval of the settlement on July 22, 2010, and entered judgment on August 19, 2010. The case subsequently closed.

Summary Authors

Miles Chan (7/18/2007)

Lauren Yu (3/31/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4240895/parties/williams-v-mohawk-industries/


Judge(s)

Anderson, Curtis Eugene (Georgia)

Barkett, Rosemary (Florida)

Farris, Joseph Jerome (Washington)

Gibson, John R. (Missouri)

Hull, Frank M. (Georgia)

Murphy, Harold Lloyd (Georgia)

Pryor, William Holcombe Jr. (Alabama)

Attorneys(s) for Plaintiff

Cannon, Carl R. (Georgia)

Connelly, Christopher Sutton (Georgia)

Feingold, Brandi (District of Columbia)

Judge(s)

Anderson, Curtis Eugene (Georgia)

Barkett, Rosemary (Florida)

Farris, Joseph Jerome (Washington)

Gibson, John R. (Missouri)

Hull, Frank M. (Georgia)

Murphy, Harold Lloyd (Georgia)

Pryor, William Holcombe Jr. (Alabama)

Attorneys(s) for Plaintiff

Cannon, Carl R. (Georgia)

Connelly, Christopher Sutton (Georgia)

Feingold, Brandi (District of Columbia)

Iannarone, Nicole G. (Georgia)

Johnson, Cynthia Noles (Georgia)

Lumpkins, Rosemary C. (Georgia)

Morillo, Juan P. (District of Columbia)

Phillips, Carter G (District of Columbia)

Seitz, Virginia A. (District of Columbia)

Thorpe, Joshua F. (Georgia)

Attorneys(s) for Defendant

Cook, Bobby Lee (Georgia)

Cottreau, Steven T. (District of Columbia)

Diffley, Daniel Francis (Georgia)

Doherty (dup), Ronan P. (Georgia)

Fausett, Andrew D. (District of Columbia)

Floyd, John E. (Georgia)

Lannarone, Joshua F. (Georgia)

Nickelsburg, Stephen H. (District of Columbia)

Palmore, Joseph R. (District of Columbia)

Sarwal, Amar D. (District of Columbia)

Thames, Matthew D. (Georgia)

Warren, Matthew J. (District of Columbia)

Other Attorney(s)

Conrad, Robin S. (District of Columbia)

Day, Jones (District of Columbia)

Fransisco, Noel J. (District of Columbia)

Gore, John M. (District of Columbia)

Munger, Thomas J. (Georgia)

Stone, Benjamin Alexander (Georgia)

Expert/Monitor/Master

Doherty, Nicole G. (Georgia)

Foster, Howard W. (Illinois)

Documents in the Clearinghouse

Document

04-13740

11th Circuit of the United States Court of Appeals Docket

Williams v. Mohawk Industries Inc.

U. S. Court of Appeals for the Eleventh Circuit

Aug. 19, 2010

Aug. 19, 2010

Docket

4:04-cv-00003

Docket (PACER)

Aug. 19, 2010

Aug. 19, 2010

Docket
1

4:04-cv-00003

Complaint

Jan. 6, 2004

Jan. 6, 2004

Complaint
44

4:04-cv-00003

Opinion

314 F.Supp.2d 1333

April 12, 2004

April 12, 2004

Order/Opinion

04-13740

Brief of Appellant Mohawk Industries, Inc.

U. S. Court of Appeals for the Eleventh Circuit

2004 WL 3634830

Sept. 7, 2004

Sept. 7, 2004

Pleading / Motion / Brief

04-13740

Brief of Appellant Mohawk Industries, Inc.

Williams v. Mohawk Industires

U. S. Court of Appeals for the Eleventh Circuit

Sept. 7, 2004

Sept. 7, 2004

Pleading / Motion / Brief

04-13740

Brief of Appellee

Williams v. Mohwak Industries

U. S. Court of Appeals for the Eleventh Circuit

2004 WL 3634831

Oct. 12, 2004

Oct. 12, 2004

Pleading / Motion / Brief

04-13740

Reply Brief of Appellant Mohawk Industries, Inc.

U. S. Court of Appeals for the Eleventh Circuit

2004 WL 3634832

Nov. 8, 2004

Nov. 8, 2004

Pleading / Motion / Brief

04-13740

Opinion

U. S. Court of Appeals for the Eleventh Circuit

411 F.3d 1252

June 9, 2005

June 9, 2005

Order/Opinion

04-13740

USCA 11th Circuit judgment

U. S. Court of Appeals for the Eleventh Circuit

Aug. 18, 2005

Aug. 18, 2005

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4240895/williams-v-mohawk-industries/

Last updated Aug. 8, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

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)

Jan. 6, 2004

Jan. 6, 2004

RECAP
2

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

Jan. 6, 2004

Jan. 6, 2004

PACER
3

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)

Jan. 6, 2004

Jan. 6, 2004

PACER
4

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)

Jan. 6, 2004

Jan. 6, 2004

PACER
5

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)

Jan. 6, 2004

Jan. 6, 2004

PACER
6

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)

Jan. 9, 2004

Jan. 9, 2004

PACER
7

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)

Jan. 12, 2004

Jan. 12, 2004

PACER
8

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

Jan. 12, 2004

Jan. 12, 2004

PACER

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

Jan. 14, 2004

Jan. 14, 2004

PACER
9

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

Jan. 14, 2004

Jan. 14, 2004

PACER
10

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)

Jan. 14, 2004

Jan. 14, 2004

PACER
11

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)

Jan. 14, 2004

Jan. 14, 2004

PACER
12

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)

Jan. 14, 2004

Jan. 14, 2004

PACER

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

Jan. 16, 2004

Jan. 16, 2004

PACER
13

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

Jan. 30, 2004

Jan. 30, 2004

PACER
14

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

Jan. 30, 2004

Jan. 30, 2004

PACER
15

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

Jan. 30, 2004

Jan. 30, 2004

PACER
16

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)

Jan. 30, 2004

Jan. 30, 2004

PACER
17

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)

Jan. 30, 2004

Jan. 30, 2004

PACER
18

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)

Jan. 30, 2004

Jan. 30, 2004

PACER
19

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)

Feb. 2, 2004

Feb. 2, 2004

PACER
20

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)

Feb. 2, 2004

Feb. 2, 2004

PACER

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

Feb. 6, 2004

Feb. 6, 2004

PACER
21

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

Feb. 9, 2004

Feb. 9, 2004

PACER
22

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

Feb. 9, 2004

Feb. 9, 2004

PACER
23

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)

Feb. 9, 2004

Feb. 9, 2004

PACER
24

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)

Feb. 9, 2004

Feb. 9, 2004

PACER
25

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)

Feb. 9, 2004

Feb. 9, 2004

PACER
26

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)

Feb. 9, 2004

Feb. 9, 2004

PACER
27

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

Feb. 17, 2004

Feb. 17, 2004

PACER
29

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

Feb. 18, 2004

Feb. 18, 2004

PACER
28

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)

Feb. 20, 2004

Feb. 20, 2004

PACER
30

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)

Feb. 20, 2004

Feb. 20, 2004

PACER
31

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)

Feb. 20, 2004

Feb. 20, 2004

PACER
32

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

Feb. 23, 2004

Feb. 23, 2004

PACER
33

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)

Feb. 25, 2004

Feb. 25, 2004

PACER
34

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)

Feb. 26, 2004

Feb. 26, 2004

PACER
35

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)

Feb. 26, 2004

Feb. 26, 2004

PACER

Added attorney for plaintiffs: Howard Foster. (bjj)

Feb. 27, 2004

Feb. 27, 2004

PACER
36

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

March 1, 2004

March 1, 2004

PACER
37

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

March 9, 2004

March 9, 2004

PACER
38

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

March 10, 2004

March 10, 2004

PACER
39

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

March 10, 2004

March 10, 2004

PACER

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)

March 11, 2004

March 11, 2004

PACER
40

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)

March 16, 2004

March 16, 2004

PACER
41

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

March 26, 2004

March 26, 2004

PACER
42

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)

March 30, 2004

March 30, 2004

PACER
43

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)

March 30, 2004

March 30, 2004

PACER
44

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)

April 12, 2004

April 12, 2004

RECAP
45

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)

April 15, 2004

April 15, 2004

PACER
46

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)

April 23, 2004

April 23, 2004

PACER
47

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

April 23, 2004

April 23, 2004

PACER
48

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

April 28, 2004

April 28, 2004

RECAP
49

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

April 28, 2004

April 28, 2004

PACER

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)

April 30, 2004

April 30, 2004

PACER
50

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

May 3, 2004

May 3, 2004

PACER
51

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)

May 7, 2004

May 7, 2004

PACER

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)

May 7, 2004

May 7, 2004

PACER
52

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)

May 11, 2004

May 11, 2004

PACER
53

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

May 14, 2004

May 14, 2004

PACER
54

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)

May 17, 2004

May 17, 2004

PACER
55

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

May 20, 2004

May 20, 2004

PACER
56

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)

May 24, 2004

May 24, 2004

PACER
57

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)

May 27, 2004

May 27, 2004

PACER
58

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)

May 27, 2004

May 27, 2004

PACER
59

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)

Aug. 4, 2004

Aug. 4, 2004

PACER

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)

Aug. 4, 2004

Aug. 4, 2004

PACER
60

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)

Aug. 4, 2004

Aug. 4, 2004

PACER

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

Aug. 24, 2004

Aug. 24, 2004

PACER

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)

Dec. 3, 2004

Dec. 3, 2004

PACER

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)

Dec. 13, 2004

Dec. 13, 2004

PACER
61

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)

July 29, 2005

July 29, 2005

PACER
62

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)

Aug. 11, 2005

Aug. 11, 2005

PACER
63

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)

Aug. 15, 2005

Aug. 15, 2005

PACER
64

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)

Aug. 17, 2005

Aug. 17, 2005

PACER
65

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)

Aug. 17, 2005

Aug. 17, 2005

RECAP

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

Aug. 17, 2005

Aug. 17, 2005

PACER
66

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)

Aug. 18, 2005

Aug. 18, 2005

PACER
67

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)

Aug. 18, 2005

Aug. 18, 2005

PACER
68

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)

Aug. 18, 2005

Aug. 18, 2005

PACER
69

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

Jan. 9, 2006

Jan. 9, 2006

PACER
70

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

Jan. 27, 2006

Jan. 27, 2006

PACER
71

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)

March 15, 2006

March 15, 2006

PACER
72

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)

March 27, 2006

March 27, 2006

PACER
73

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

July 20, 2006

July 20, 2006

PACER
74

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)

Dec. 5, 2006

Dec. 5, 2006

RECAP
75

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)

Dec. 12, 2006

Dec. 12, 2006

PACER
76

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)

Dec. 12, 2006

Dec. 12, 2006

PACER
77

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)

Dec. 13, 2006

Dec. 13, 2006

PACER
78

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

Dec. 13, 2006

Dec. 13, 2006

PACER
79

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)

Jan. 2, 2007

Jan. 2, 2007

PACER

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

Jan. 3, 2007

Jan. 3, 2007

PACER
80

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)

Jan. 11, 2007

Jan. 11, 2007

PACER
81

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)

Jan. 16, 2007

Jan. 16, 2007

PACER
82

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)

March 5, 2007

March 5, 2007

PACER
83

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)

March 12, 2007

March 12, 2007

PACER
84

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)

March 12, 2007

March 12, 2007

PACER
85

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)

March 21, 2007

March 21, 2007

PACER
86

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)

March 23, 2007

March 23, 2007

PACER
87

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)

March 23, 2007

March 23, 2007

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 6, 2004

Closing Date: Aug. 19, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Current and former legal employees of Mohawk Industries, Inc.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Mohawk Industries, Inc., Private Entity/Person

Case Details

Causes of Action:

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 18,000,000

Issues

General:

Pattern or Practice

Immigration/Border:

Employer sanctions

Employment