Case: BELUE v. WAYNE FARMS, LLC

In re Wayne Farms LLC Fair Labor Standards Act Litigation

COMPLAINT against Wayne Farms, LLC (Filing fee $ 350.00, receipt # 200 230581.), filed by Plaintiffs. (Attachments: # 1 Exhibit A)(KSS, ) [Transferred from alnd on 11/20/2007.] (Entered: 10/19/2006)

AMENDED COMPLAINT FIRST AMENDED COMPLAINT against Wayne Farms, LLC, filed by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn.(Camp, Robert) [Transferred from alnd on 11/20/2007.] (Entered: 02/15/2007)

ORDER Transferring Case to MDL: ORDER of Judicial Panel on Multidistrict Litigation transferring this case to the Southern District of Mississippi for inclusion in MDL 1872; documents requested by transferee clerk electronically transferred to Clerk of Court in Southern District of Mississippi this day. Signed by Judge R David Proctor on 11/9/2007. Associated Cases: 4:06-cv-02095-RDP, 4:07-cv-00647-RDP(KSS, ) [Transferred from alnd on 11/20/2007.] (Entered: 11/13/2007)

Case transferred in from District of Alabama Northern; Case Number 4:06-cv-02095. Original file with documents numbered 1 - 84, certified copy of transfer order and docket sheet received. (Entered: 11/20/2007)

NOTICE OF FILING ADDITIONAL NOTICES OF CONSENT TO JOIN by plaintiffs; Notice was received on 11/19/07, before the case was opened in this Court.(LDR) Modified on 11/20/2007 (LDR). (Entered: 11/20/2007)

NOTICE of Filing Additional Consents by Jimmy Belue (Attachments: # 1 Exhibit A)(Hommel - PHV, William) (Entered: 02/13/2008)

ORDER CONSOLIDATING CASES: 2:07cv1004 and 2:07cv1005 are hereby consolidated. Signed by Magistrate Judge Michael T. Parker on 2/21/08 (AKL) (Entered: 02/21/2008)

MOTION to Compel Discovery by Wayne Farms, LLC (Crutcher, R.) (Entered: 04/30/2008)

MEMORANDUM IN SUPPORT re 8 MOTION to Compel Discovery filed by Wayne Farms, LLC (Crutcher, R.) (Entered: 04/30/2008)

NOTICE of Filing Good Faith Certificate by Wayne Farms, LLC (Crutcher, R.) (Entered: 04/30/2008)

TEXT ONLY ORDER: The Defendant having withdrawn the Motion to Compel Discovery 8 during a telephonic hearing held this day, the motion to compel is hereby dismissed as moot. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge Michael T. Parker on May 19, 2008 (KPM)

MOTION for Leave to File Amended Complaint by Jimmy Belue (Attachments: # 1 Exhibit Amended Complaint)(Hommel - PHV, William) (Entered: 06/18/2008)

NOTICE of Appearance by Anne Harlan Latino on behalf of Wayne Farms, LLC (Latino, Anne) (Entered: 06/27/2008)

RESPONSE to Motion re 11 MOTION for Leave to File Amended Complaint filed by Wayne Farms, LLC (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Latino, Anne) (Entered: 06/27/2008)

NOTICE of Service of Interrogatories by Wayne Farms, LLC (Turner, Ernest) (Entered: 06/27/2008)

NOTICE of Service of Request for Admissions by Wayne Farms, LLC (Turner, Ernest) (Entered: 06/27/2008)

NOTICE of Service of Request for Production by Wayne Farms, LLC (Turner, Ernest) (Entered: 06/27/2008)

DOCKET ANNOTATION as to #13, pursuant to the Administrative Procedures for Electronic Case Filing, proposed orders are not to be filed as a separate pleading or as an attachment. All proposed orders are to be e-mailed to the chambers of the appropriate judge. (LDR) Modified on 7/1/2008 (LDR).

ORDER denying 11 Motion for Leave to File Amended Complaint. Signed by Magistrate Judge Michael T. Parker on July 28, 2008 (Harris, M.) (Entered: 07/28/2008)

NOTICE of Service of Response to Interrogatories by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 08/26/2008)

DOCKET ANNOTATION as to #18, attorney's office contacted regarding docketing separate entries for Response to Production Requests and Requests for Admission. (LDR)

NOTICE of Service of Response to Request for Admissions by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 08/27/2008)

NOTICE of Service of Response to Request for Production by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 08/27/2008)

MOTION for Sanctions by Wayne Farms, LLC (Attachments: # 1 Exhibit 1)(Latino, Anne) (Entered: 08/29/2008)

MEMORANDUM IN SUPPORT re 21 MOTION for Sanctions filed by Wayne Farms, LLC (Latino, Anne) (Entered: 08/29/2008)

NOTICE of Service of Disclosure by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 09/02/2008)

ORDER denying 21 Motion for Sanctions Signed by Magistrate Judge Michael T. Parker on September 5, 2008 (Harris, M.) (Entered: 09/05/2008)

MOTION to Amend/Correct Answer (Unopposed) by Wayne Farms, LLC (Attachments: # 1 Exhibit 1)(Crutcher, R.) (Entered: 09/09/2008)

ORDER granting 25 Unopposed Motion to Amend/Correct Answer. Signed by Magistrate Judge Michael T. Parker on September 9, 2008 (KPM) (Entered: 09/09/2008)

AMENDED ANSWER to First 3 Amended Complaint, by Wayne Farms, LLC (Crutcher, R.) (Entered: 09/09/2008)

NOTICE of Service of Response to Interrogatories by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 09/10/2008)

NOTICE of Service of Response to Request for Admissions by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 09/10/2008)

NOTICE of Service of Response to Request for Production by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 09/10/2008)

NOTICE of Service of Disclosure by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 09/10/2008)

NOTICE of Service of Response to Interrogatories by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 09/17/2008)

NOTICE of Service of Response to Request for Admissions by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 09/17/2008)

NOTICE of Service of Response to Request for Production by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 09/17/2008)

NOTICE of Service of Disclosure by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 09/24/2008)

NOTICE of Service of Response to Interrogatories by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 10/01/2008)

NOTICE of Service of Response to Request for Production by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 10/01/2008)

NOTICE of Service of Response to Request for Admissions by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 10/01/2008)

Second MOTION for Sanctions (Failure to make Initial Disclosures) by Wayne Farms, LLC (Attachments: # 1 Exhibit 1)(Latino, Anne) (Entered: 10/06/2008)

MEMORANDUM IN SUPPORT re 39 Second MOTION for Sanctions (Failure to make Initial Disclosures) filed by Wayne Farms, LLC (Latino, Anne) (Entered: 10/06/2008)

MOTION for Sanctions (No response to Standard Discovery) by Wayne Farms, LLC (Attachments: # 1 Exhibit 1)(Latino, Anne) (Entered: 10/07/2008)

MEMORANDUM IN SUPPORT re 41 MOTION for Sanctions (No response to Standard Discovery) filed by Wayne Farms, LLC (Latino, Anne) (Entered: 10/07/2008)

MOTION for Partial Summary Judgment (Time-Barred) by Wayne Farms, LLC (Attachments: # 1 Exhibit 1 - Declaration, # 2 Exhibit 2 - Termination dates)(Latino, Anne) (Entered: 10/09/2008)

MEMORANDUM IN SUPPORT re 43 MOTION for Partial Summary Judgment (Time-Barred) filed by Wayne Farms, LLC (Latino, Anne) (Entered: 10/09/2008)

ORDER SETTING DEADLINES AND DATES FOR RESPONSE/REBUTTAL TO DEFENDANT'S 43 MOTION FOR PARTIAL SUMMARY JUDGMENT. Plaintiffs' response to Defendant's Motion for Partial Summary Judgment is due on or before October 24, 2008. Defendant's rebuttal, if desired, is due on or before October 31, 2008. Signed by District Judge Keith Starrett on October 14, 2008 (dsl) (Entered: 10/14/2008)

MOTION for Partial Summary Judgment (Bankruptcy) by Wayne Farms, LLC (Attachments: # 1 Exhibit 1 - Hogeland petition, # 2 Exhibit 2 - Hogeland discharge, # 3 Exhibit 3 - Peppers petition, # 4 Exhibit 4 - Peppers discharge)(Latino, Anne) (Entered: 10/15/2008)

MEMORANDUM IN SUPPORT re 46 MOTION for Partial Summary Judgment (Bankruptcy) MOTION for Partial Summary Judgment (Bankruptcy) filed by Wayne Farms, LLC (Latino, Anne) (Entered: 10/15/2008)

RESPONSE to Motion re 39 Second MOTION for Sanctions (Failure to make Initial Disclosures) filed by Jimmy Belue (Hommel - PHV, William) (Entered: 10/16/2008)

NOTICE of Service of Disclosure by Don Mitchell Jackson (Shaul, Roman) (Entered: 10/16/2008)

RESPONSE to Motion re 41 MOTION for Sanctions (No response to Standard Discovery) filed by Jimmy Belue (Hommel - PHV, William) (Entered: 10/16/2008)

REPLY to Response to Motion re 48 Response to Motion filed by Wayne Farms, LLC (Attachments: # 1 Exhibit 1 - part 1 - Email, # 2 Exhibit 1 - part 2 - Attachment to Email)(Latino, Anne) (Entered: 10/22/2008)

REPLY to Response to Motion re 50 Response to Motion filed by Wayne Farms, LLC (Attachments: # 1 Exhibit 1 - part 1 - Email, # 2 Exhibit 1 - part 2 - Attachment to Email)(Latino, Anne) (Entered: 10/22/2008)

MOTION to Compel Discovery by Wayne Farms, LLC (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Turner, Ernest) (Entered: 10/28/2008)

ORDER denying 41 Motion for Sanctions Signed by Magistrate Judge Michael T. Parker on October 31, 2008 (Harris, M.) (Entered: 10/31/2008)

REPORT AND RECOMMENDATIONS re 39 Second MOTION for Sanctions (Failure to make Initial Disclosures) filed by Wayne Farms, LLC Objections to R&R due by 11/17/2008 Signed by Magistrate Judge Michael T. Parker on October 31, 2008 (Harris, M.) (Entered: 10/31/2008)

RESPONSE to Motion re 53 MOTION to Compel Discovery filed by Jimmy Belue (Hommel - PHV, William) (Entered: 11/06/2008)

NOTICE of Service of Disclosure by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 11/13/2008)

REPLY to Response to Motion re 53 MOTION to Compel Discovery filed by Wayne Farms, LLC (Turner, Ernest) (Entered: 11/13/2008)

MOTION for Partial Summary Judgment Short Weeks by Wayne Farms, LLC (Attachments: # 1 Exhibit 1 - Hours and earnings history)(Latino, Anne) (Entered: 11/17/2008)

MEMORANDUM IN SUPPORT re 59 MOTION for Partial Summary Judgment Short Weeks filed by Wayne Farms, LLC (Latino, Anne) (Entered: 11/17/2008)

Response in Opposition re 55 REPORT AND RECOMMENDATIONS re 39 Second MOTION for Sanctions (Failure to make Initial Disclosures) filed by Wayne Farms, LLC Objections to R&R due by 11/17/2008 Signed by Magistrate Judge Michael T. Parker on October 31, 2008 (Harris, M.) filed by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 11/17/2008)

Response in Opposition re 61 Response in Opposition re 55 REPORT AND RECOMMENDATIONS re 39 Second MOTION for Sanctions (Failure to make Initial Disclosures) filed by Wayne Farms, LLC Objections to R&R due by 11/17/2008 Signed by Magistrate Judge Michael T. Parker on October 31, 2008 (Harris, M.) filed by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) filed by Wayne Farms, LLC (Latino, Anne) (Entered: 11/24/2008)

MOTION for Partial Summary Judgment (QA) by Wayne Farms, LLC (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Crutcher, R.) (Entered: 11/24/2008)

MEMORANDUM in Support re 63 MOTION for Partial Summary Judgment (QA) filed by Wayne Farms, LLC (Crutcher, R.) (Entered: 11/24/2008)

MOTION to Dismiss (Security Claims) by Wayne Farms, LLC (Latino, Anne) (Entered: 11/24/2008)

MEMORANDUM IN SUPPORT re 65 MOTION to Dismiss (Security Claims) filed by Wayne Farms, LLC (Attachments: # 1 Exhibit 1, part 1 - Email from Pepper Crutcher to Bill Hommel, # 2 Exhibit 1, part 2 - Attachment to email - Burks security claim dismissal, # 3 Exhibit 2 - Response email from Bill Hommel to Pepper Crutcher, # 4 Exhibit 3 - Request for Admissions)(Latino, Anne) (Entered: 11/24/2008)

Second MOTION for Sanctions (No Response to Standard Discovery) by Wayne Farms, LLC (Attachments: # 1 Exhibit 1 - List of Plaintiffs, # 2 Exhibit 2 - Latino Declaration)(Latino, Anne) (Entered: 12/04/2008)

MEMORANDUM IN SUPPORT re 67 Second MOTION for Sanctions (No Response to Standard Discovery) filed by Wayne Farms, LLC (Latino, Anne) (Entered: 12/04/2008)

ORDER granting 53 Motion to Compel Signed by Magistrate Judge Michael T. Parker on December 10, 2008 (Harris, M.) (Entered: 12/10/2008)

MEMORANDUM OPINION AND ORDER in case 2:07-md-01872-KS-MTP; granting (46) Motion for Partial Summary Judgment in case 2:07-cv-01004-KS-MTP with prejudice as to plaintiffs Carolyn S. Hogeland and Dorothy Mae Peppers. Signed by District Judge Keith Starrett on 12/15/08 (LDR) (Entered: 12/17/2008)

JUDGMENT, defendant's 46 Motion for Summary Judgment as to plaintiffs Carolyn S. Hogeland and Dorothy Mae Peppers is granted and named plaintiffs are dismissed with prejudice. Signed by District Judge Keith Starrett on 12/15/08. (LDR) (Entered: 12/17/2008)

MEMORANDUM OPINION AND ORDER in case 2:07-md-01872-KS-MTP; granting (43) Motion for Partial Summary Judgment in case 2:07-cv-01004-KS-MTP filed by defendants as to time-barred plaintiffs; case dismissed with prejudice as to the seven named plaintiffs. Signed by District Judge Keith Starrett on 12/17/08 (LDR) Modified on 12/17/2008 (LDR). (Entered: 12/17/2008)

JUDGMENT, defendant's Motion for Summary Judgment as to time-barred plaintiffs is granted; named plaintiffs are dismissed with prejudice: Traci S. Watkins, McKinley T. Jackson, Alethea Payne, Tammy Rene Richey, Mashika R. Robinson, Constance Vinson and Baltazar C. Zamarripa. Signed by District Judge Keith Starrett on 12/17/08 (LDR) (Entered: 12/17/2008)

DOCKET ANNOTATION as to #72 modified to show document is Memorandum Opinion and Order. (LDR)

PARTIAL DISMISSAL ORDER in case 2:07-md-01872-KS-MTP; granting 59 Motion for Partial Summary Judgment in case 2:07-cv-01004-KS-MTP, dismissing with prejudice named plaintiff Michael L. Gallagher. Signed by District Judge Keith Starrett on 12/18/08 (LDR) (Entered: 12/18/2008)

Order re motion # 65, directing plaintiffs to file either a brief in opposition or a stipulation in response to said motion within twenty (20) days of the date of this order, making the filing due on or before January 7, 2009. Signed by District Judge Keith Starrett on December 18, 2008 (dsl) (Entered: 12/18/2008)

JUDGMENT, defendant's 59 Motion for Summary Judgment is granted, plaintiff Michael L. Gallagher is dismissed. Signed by District Judge Keith Starrett on 12/18/08 (LDR) (Entered: 12/19/2008)

ORDER granting Defendant's 63 Motion for Partial Summary Judgment. The following plaintiffs are dismissed with prejudice: Margaretta M. Hicks, Denise Whiteside and Viekie L. Woods. A separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure will be entered. Signed by District Judge Keith Starrett on December 19, 2008 (dsl) (Entered: 12/19/2008)

JUDGMENT, defendant's 63 Motion for Summary Judgment granted with prejudice dismissing named plaintiffs: Margaretta M. Hicks, Denise Whiteside, Viekie L. Woods. Signed by District Judge Keith Starrett on 12/19/08 (LDR) (Entered: 12/19/2008)

NOTICE of Service of Response to Interrogatories by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 12/31/2008)

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NOTICE of Service of Response to Request for Production by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 12/31/2008)

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REPORT AND RECOMMENDATIONS re 67 Second MOTION for Sanctions (No Response to Standard Discovery) filed by Wayne Farms, LLC Objections to R&R due by 1/22/2009 Signed by Magistrate Judge Michael T. Parker on January 7, 2009 (Harris, M.) (Entered: 01/07/2009)

ORDER WITHDRAWING REPORT AND RECOMMENDATIONS Signed by Magistrate Judge Michael T. Parker on January 7, 2009 (Harris, M.) (Entered: 01/07/2009)

PARTIAL DISMISSAL ORDER in case 2:07-md-01872-KS-MTP; granting (67) Motion for Sanctions in case 2:07-cv-01004-KS-MTP Signed by District Judge Keith Starrett on 1/08/09 (AKL) (Entered: 01/08/2009)

JUDGMENT, the named plaintiffs in order are dismissed with prejudice. Barbara D Baker terminated. Signed by District Judge Keith Starrett on 1/08/09 (AKL) (Entered: 01/08/2009)

BILL OF COSTS by Wayne Farms, LLC (Attachments: # 1 Exhibit, # 2 Exhibit)(Turner, Ernest) (Entered: 01/14/2009)

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MOTION FOR TAXATION OF COSTS AND EXPENSES by Wayne Farms, LLC (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Turner, Ernest) (Entered: 01/14/2009)

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AGREED DISMISSAL ORDER, pursuant to Pretrial Order No. 2, Liaison Counsel agreed claims of certain plaintiffs: Jose D. Corrales, James William Cowart, Hilario Dominguez, Joe F. Edwards, Jr., Larry Kelley, Kenneth Swearengin, Michael L. White and William A. Worden (maintenance and sanitation workers) are dismissed without prejudice. Signed by District Judge Keith Starrett on 1/14/09 (LDR) (Entered: 01/14/2009)

NOTICE of Service of Response to Interrogatories by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 01/14/2009)

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Costs Taxed in amount of $ 1096.25 against plaintiffs. (LDR) (Entered: 01/15/2009)

DOCKET ANNOTATION as to #87, Incorrect Civil Action No. indicated for Robert Thomas Dunn,et al v. Wayne Farms; correct Civil Action No. is 2:07cv1005-KS-MTP. (LDR)

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 55 in 2:07-cv-01004-KS-MTP Report and Recommendations, re: 39 in 2:07-cv-01004-KS-MTP, Second Motion for Sanctions; the claims of 13 plaintiffs listed in Exhibit 1 are dismissed with prejudice. Signed by District Judge Keith Starrett on 1/16/09 (Attachments: # 1 Exhibit)(LDR) (Entered: 01/16/2009)

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BILL OF COSTS by Wayne Farms, LLC (Attachments: # 1 Exhibit, # 2 Exhibit)(Turner, Ernest) (Entered: 01/16/2009)

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MOTION FOR TAXATON OF COSTS AND EXPENSES by Wayne Farms, LLC (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Turner, Ernest) (Entered: 01/16/2009)

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NOTICE of Service of Response to Interrogatories by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 01/16/2009)

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Costs Taxed (First Amended Bill of Costs) in amount of $ 1,096.25 against plaintiffs. (LDR) (Entered: 01/20/2009)

NOTICE of Service of Response to Interrogatories by Jimmy Belue (Attachments: # 1 Exhibit A)(Shaul, Roman) (Entered: 01/22/2009)

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