Case: Zavala v. Wal-Mart Stores, Inc.

2:03-cv-05309 | U.S. District Court for the District of New Jersey

Filed Date: Nov. 10, 2003

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On November 10, 2003, a group of 17 undocumented immigrant workers, who provided janitorial services at Wal-Mart stores nationwide, filed a class action lawsuit in the U.S. District Court for the District of New Jersey against Wal-Mart Stores Inc., alleging violations of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1961 et seq.; the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§201 et seq.; and conspiracy to violate civil rights under 42 U.S.C. §1985(3). Plaint…

On November 10, 2003, a group of 17 undocumented immigrant workers, who provided janitorial services at Wal-Mart stores nationwide, filed a class action lawsuit in the U.S. District Court for the District of New Jersey against Wal-Mart Stores Inc., alleging violations of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1961 et seq.; the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§201 et seq.; and conspiracy to violate civil rights under 42 U.S.C. §1985(3). Plaintiffs claimed that Wal-Mart Inc. was engaged in a criminal racketeering enterprise through which it conspired with various cleaning contractors to hire illegal labor to clean its thousands of stores throughout the country, thereby saving millions of dollars in labor costs. Plaintiffs' complaint, as amended, provided a detailed litany of alleged acts committed by Wal-Mart employees and others in furtherance of the alleged conspiracy to violate federal immigration law and to commit money laundering. Plaintiffs alleged that they and other class members were denied proper wages, overtime, and benefits. They sought injunctive, declaratory, and monetary relief.

In early 2004, plaintiffs filed an amended complaint, which included factual allegations concerning immigration raids that had been recently conducted at Wal-Mart stores. Plaintiffs noted that on October 23, 2003, federal officers with the United States Immigration and Customs Enforcement (ICE) raided Wal-Mart retail stores in 21 states as part of "Operation Rollback." Hundreds of janitors were arrested, including 12 of the named plaintiffs. Federal agents also raided Wal-Mart's Bentonville, Arkansas headquarters.

Following the filing of the Amended Complaint, the parties notified the District Court that in March 2005, the U.S. Department of Justice had reached an $11 million global civil settlement with Wal-Mart in connection with its immigration investigation. Several of Wal-Mart's janitorial contractors also agreed to a $4 million criminal forfeiture.

Wal-Mart denied all allegations and moved to dismiss the entire case. By order dated October 7, 2005, the District Court (Judge Joseph A. Greenway Jr.) granted Wal-Mart's motion to dismiss in part, dismissing plaintiffs' RICO claims. Zavala v. Wal-Mart Stores, Inc., 393 F.Supp.2d 295 (D.N.J.2005). Plaintiff was granted leave to amend its complaint again to restate its claims.

Following the filing of the Second Amended Complaint, Wal-Mart moved to dismiss the realleged RICO claims. On August 28, 2006, the District Court dismissed two RICO related counts of Plaintiffs' Second Amended Complaint for failure to state a claim. Zavala v. Wal-Mart Stores, Inc., 447 F.Supp.2d 379, 383-84 (D.N.J.2006). Plaintiffs' request for certifying the August 28, 2006 Order as a final judgment for immediate appeal was denied. Zavala v. Wal-Mart Stores, Inc., 2007 WL 1134110 (D.N.J.).

In 2004, the Court granted conditional class certification for any undocumented immigrants who were working for Wal-Mart as contract janitors, and 200 additional plaintiffs joined the case as a result. However, when the plaintiffs filed for final certification of the conditional class in 2009, the Court denied their motion. Under 29 U.S.C. §216(b), class certification can be granted under the FLSA for other employees “similarly situated.” Although the plaintiffs argued that they should be granted certification because they all had similar job-related duties, the Court reasoned that there was too much variation in geographic location, salaries, and supervision for the motion to be granted.

In March 2011, the parties reached a settlement agreement in which Wal-Mart paid damages to seven of the ten remaining plaintiffs for the amount of overtime that they had worked but had not been compensated for, plus $20,000 in attorneys’ fees. Wal-Mart settled with two of the other plaintiffs in April 2011 for $13,000 apiece plus attorneys’ fees. The Court dismissed the claims of the remaining plaintiff with prejudice because he failed to participate in court proceedings and could not be reached by his attorneys.

This case is now closed.

Summary Authors

Miles Chan (8/1/2007)

Allison Hight (2/15/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5706786/parties/zavala-v-wal-mart-corporation/


Judge(s)

Arleo, Madeline Cox (New Jersey)

Attorney for Plaintiff

Bahan, Della (California)

Batra, Puja (District of Columbia)

Attorney for Defendant

Bernstein, Robert M. (New Jersey)

Branitsky, David (District of Columbia)

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Documents in the Clearinghouse

Document

2:03-cv-05309

Docket

Zavala v. Walmart Stores, Inc.

Oct. 19, 2012

Oct. 19, 2012

Docket
1

2:03-cv-05309

Complaint

Zavala v. Wal-Mart Stores Inc.

Nov. 10, 2003

Nov. 10, 2003

Complaint
6

2:03-cv-05309

First Amended Class Action Complaint and Jury Demand

Zavala v. Wal-mart Stores, Inc

Feb. 2, 2004

Feb. 2, 2004

Complaint
6

2:03-cv-05309

Revised First Amended Class Action Complaint and Jury Demand

Zavala v. Wal-Mart Stores, Inc

Feb. 2, 2004

Feb. 2, 2004

Complaint
24

2:03-cv-05309

Memorandum of Law in Opposition to Plaintiffs' Motion for Facilitated Notice Pursuant to 29 U.S.C.

Zavala v. Wal-mart Stores, Inc

May 17, 2004

May 17, 2004

Pleading / Motion / Brief

2004 WL 3374163

64

2:03-cv-05309

Opinion

Zavala v. Wal-mart Stores, Inc

Oct. 7, 2005

Oct. 7, 2005

Order/Opinion

393 F.Supp.2d 295

66

2:03-cv-05309

Answer of Wal-Mart Stores, Inc. to Plaintiffs' Revised First Amended Class Action Complaint and Jury

Zavala v. Wal-mart Stores, Inc.

Oct. 18, 2005

Oct. 18, 2005

Pleading / Motion / Brief

2005 WL 3171688

75-1

2:03-cv-05309

Second Amended Class Action Complaint and Jury Demand

Zavala v. Wal-mart Stores, Inc

Nov. 21, 2005

Nov. 21, 2005

Complaint

2005 WL 3522044

2:03-cv-05309

Wal-Mart Stores, Inc.'s Memorandum of Law in Support of Its Motion to Dismiss With Prejudice Counts

Zavala v. Wal-Mart Stores, Inc

Jan. 20, 2006

Jan. 20, 2006

Pleading / Motion / Brief
103

2:03-cv-05309

Plaintiffs' Memorandum of Law in Opposition to Wal-Mart's Motion to Dismiss

Zavala v. Wal-mart Stores, Inc

March 20, 2006

March 20, 2006

Pleading / Motion / Brief

2006 WL 1042459

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5706786/zavala-v-wal-mart-corporation/

Last updated June 6, 2025, 10:53 p.m.

ECF Number Description Date Link Date / Link
64

OPINION (COPY TO NJLJ). Signed by Judge Joseph A. Greenaway, Jr. on 10/07/05. (nr, )

Oct. 11, 2005

Oct. 11, 2005

RECAP
115

OPINION fld.. Signed by Judge Joseph A. Greenaway, Jr. on 8/28/06. (sr, )

Aug. 28, 2006

Aug. 28, 2006

RECAP
154

OPINION. Signed by Judge Joseph A. Greenaway, Jr. on 04/14/2007. (nr, )

April 16, 2007

April 16, 2007

RECAP
171

ORDER granting in part and denying in part 145 Motion to Seal Document. Signed by Judge Madeline C. Arleo on 09/12/2007. (nr, )

Sept. 12, 2007

Sept. 12, 2007

RECAP
191

OPINION. Signed by Judge Joseph A. Greenaway, Jr. on 09/25/2008. (nr, )

Sept. 26, 2008

Sept. 26, 2008

RECAP
195

OPINION. Signed by Judge Joseph A. Greenaway, Jr. on 06/08/2009. (nr, )

June 8, 2009

June 8, 2009

RECAP
197

AMENDED OPINION. Signed by Judge Joseph A. Greenaway, Jr. on 6/9/2009. (nr, ) Modified on 6/10/2009 (nr, ).

June 9, 2009

June 9, 2009

RECAP
215

MEMORANDUM OPINION. Signed by Chief Judge Garrett E. Brown, Jr. on 06/25/2010. (nr, ) Modified on 6/25/2010 (nr, ).

June 25, 2010

June 25, 2010

RECAP
235

MEMORANDUM OPINION Signed by Chief Judge Garrett E. Brown, Jr on 11/8/2010. (ss, )

Nov. 9, 2010

Nov. 9, 2010

RECAP
240

MEMORANDUM OPINION Signed by Chief Judge Garrett E. Brown, Jr on 11/30/2010. (ss, )

Dec. 1, 2010

Dec. 1, 2010

RECAP
261

MEMORANDUM OPINION filed. Signed by Chief Judge Garrett E. Brown, Jr on 4/7/2011. (eaj) (Entered: 04/07/2011)

April 7, 2011

April 7, 2011

RECAP
262

ORDER granting 246 Motion for Summary Judgment on Plaintiff's false imprisonment claims. Signed by Chief Judge Garrett E. Brown, Jr on 4/7/2011. (eaj) (Entered: 04/07/2011)

April 7, 2011

April 7, 2011

PACER
263

MOTION Involuntary Dismissal of Claims of Hipolito Palacios Pursuant to Fed. R. Civ. P. 41(b) by WAL-MART STORES, INC.. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Text of Proposed Order, # 4 Certificate of Service)(GOLDEN, THOMAS) (Entered: 04/08/2011)

April 8, 2011

April 8, 2011

PACER
264

Mail Returned as Undeliverable. Mail sent to Michaelene Loughlin (eaj) (Entered: 04/08/2011)

April 8, 2011

April 8, 2011

PACER
265

ORDER granting 263 Defendant's Motion for Involuntary Dismissal of Claims of Hipolito Palacios Pursuant to Fed. R. Civ. P. 41(b), Dismissing all claims asserted by Plaintiff Palacio in this proceeding. Signed by Chief Judge Garrett E. Brown, Jr on 4/13/2011. (eaj) (Entered: 04/13/2011)

April 13, 2011

April 13, 2011

PACER
266

Mail Returned as Undeliverable. Mail re 265 ORDER sent to MICHAELENE LOUGHLIN. *Clerk has resent documents to forwarding address indicated on returned envelope. (gxh) (Entered: 04/18/2011)

April 18, 2011

April 18, 2011

PACER
267

NOTICE of Acceptance with Offer of Judgment by TERESA JAROS, PETR ZEDNEK (LINSEY, JAMES) (Entered: 04/20/2011)

April 20, 2011

April 20, 2011

PACER
268

ORDER DISMISSING CASE. Signed by Chief Judge Garrett E. Brown, Jr on 4/21/2011. (eaj) (Entered: 04/21/2011)

April 21, 2011

April 21, 2011

PACER
269

Mail Returned as Undeliverable. Mail sent to Michaelene Loughlin (eaj) (Entered: 04/25/2011)

April 25, 2011

April 25, 2011

PACER
270

NOTICE OF APPEAL as to 156 Order on Motion for Certificate of Appealability, 216 Order on Motion to Certify Class, Order on Motion for Miscellaneous Relief, 116 Order on Motion to Dismiss by TERESA JAROS, PETR ZEDNEK. Filing fee $ 455, receipt number 0312-3733486. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. Appeal Record due by 6/2/2011. (LINSEY, JAMES) (Entered: 05/19/2011)

May 19, 2011

May 19, 2011

PACER
271

Transcript of Proceedings held on 3/21/11, before Judge Sheridan. Court Reporter/Transcriber Francis J. Gable, Telephone number 856 889 4761. NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript. Redaction Request due 6/9/2011. Redacted Transcript Deadline set for 6/20/2011. Release of Transcript Restriction set for 8/17/2011. (tjg, ) (Entered: 05/20/2011)

May 19, 2011

May 19, 2011

PACER

PLEASE DISREGARD DOCUMENT 271 . IT WAS FILED IN THIS CASE BY CLERKS ERROR. (tjg, )

May 20, 2011

May 20, 2011

PACER
272

Letter from James L. Linsey re 270 Notice of Appeal (USCA), Notice of Appeal (USCA), Notice of Appeal (USCA). (LINSEY, JAMES) (Entered: 05/20/2011)

May 20, 2011

May 20, 2011

PACER
273

TRANSCRIPT REQUEST for Third Circuit Court of Appeals by FILIPE CONDADO, DANIEL ANTONIO CRUZ, OCTAVIO DENISIO, ANTONIO FLORES, EUNICE GOMEZ, LUIS GUTIERREZ, TERESA JAROS, PAVEL KUNC, MARTIN MACAK, MAXIMILIANO MENDEZ, HIPOLITO PALACIOS, JIRI PFAUSER, HANA PFAUSEROVA, ROLANDO ROMERO, ADIEL ROMERO RUIZ, CARLOS ALBERTO TELLO, ARTURO ZAVALA, VICTOR ZAVALA, PETR ZEDNEK for proceedings held on October 20, 2004; February 16, 2005 before Judge Greenaway.. (LINSEY, JAMES) (Entered: 05/26/2011)

May 26, 2011

May 26, 2011

PACER
274

Transcript of Proceedings held on 10/20/04, before Judge Greenway. Court Reporter/Transcriber Thomas F. Brazaitis, Telephone number 973 645 4621. Tape Number: Motion. NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript. Redaction Request due 6/22/2011. Redacted Transcript Deadline set for 7/5/2011. Release of Transcript Restriction set for 8/30/2011. (tjg, ) (Additional attachment(s) added on 3/20/2023: # 1 Transcript of 10/20/04) (adc, ). (Entered: 06/01/2011)

June 1, 2011

June 1, 2011

PACER
275

Transcript of Proceedings held on 2/16/05, before Judge Greenway. Court Reporter/Transcriber Thomas Brazaitis, Telephone number 973 645 4621. Tape Number: Motion. NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript. Redaction Request due 6/22/2011. Redacted Transcript Deadline set for 7/5/2011. Release of Transcript Restriction set for 8/30/2011. (tjg, ) (Additional attachment(s) added on 3/20/2023: # 1 Transcript of 02/16/05) (adc, ). (Entered: 06/01/2011)

June 1, 2011

June 1, 2011

PACER
276

MANDATE of USCA as to 270 Notice of Appeal (USCA), filed by PETR ZEDNEK, TERESA JAROS (Attachments: # 1 Opinion)(ca3cjg) (Entered: 08/31/2012)

Aug. 31, 2012

Aug. 31, 2012

PACER
277

LETTER ORDER in response to letter dated 10/3/2012. Signed by Magistrate Judge Madeline C. Arleo on 10/17/2012. (nr, ) (Entered: 10/23/2012)

Oct. 19, 2012

Oct. 19, 2012

PACER

Case Details