Baricuatro et al v. Industrial Personnel and Management Services, Inc. et al

Plaintiff: Josue Rabadan, Roseller Manuel, Armando Chumacera, Rogelio Calagos, Alberto Arcilla, Butch Era Perez, Daniel Acierto, Isidro Baricuatro, Jr., Joel Franco, Saxon Gannod, Ferdinand D Garcia, Welson Gorom, Rodelio Maligo, Adrian Payagan, Erwin A. Realin, Marcelo Relota and Bonifacio Carreon
Defendant: Industrial Personnel and Management Services, Inc., Danilo N Dayao, D & R Resources, LLC, Grand Isle Shipyard, Inc., V People, Inc., Randolph F Nunez-Malagapo, Pacific Ocean Manning Incorporated and Thunder Enterprises, Inc.
 
Case Number: 2:2011cv02777
Filed: November 8, 2011
 
Court: Louisiana Eastern District Court
Office: New Orleans Office
County: Jefferson
Presiding Judge: Kurt D. Engelhardt
Referring Judge: Joseph C. Wilkinson
 
Nature of Suit: Fair Labor Standards Act
Cause of Action: 29:201
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
October 25, 2012 210 Featured Case ORDER and REASONS - Before the Court are four motions to dismiss directed to the plaintiffs' Second Amended Class and Collective Action Complaint (Rec. Doc. 172). IT IS ORDERED that V Manpower Philippines, Inc., Pacific Ocean Manning Inc. & V P eople, Inc.'s Second Motion to Dismiss under Rule 12(b)(6) 190 is hereby DENIED. IT IS FURTHER ORDERED that the following motions are hereby GRANTED IN PART and DENIED IN PART. The Partial Motion to Dismiss Pursuant to FRCP 12(b)(6) 175 , fi led by Industrial Personnel and Management Services, Inc., DNR Offshore and Crewing Services, Inc. and Nilfil Peralta. The Partial Motion to Dismiss Plaintiffs' Second Amended Complaint 176 , filed by Grand Isle Shipyard, Inc., Thunder Enterprises, Inc., and Mark Pregeant, Jr. and the Motion to Dismiss Second Amended Complaint 177 , filed by D&R Resources, LLC, Randolf Malagapo, and Danilo Dayao, as stated within document. Signed by Judge Kurt D. Engelhardt on 10/25/2012. (cab)
November 9, 2012 218 Featured Case ORDER and REASONS granting in part and denying in part Plaintiffs' 136 Motion to Proceed as a Collective Action and Facilitate Notice Under 29 U.S.C. 216(b). IT IS FURTHER ORDERED that the plaintiffs and defendants Grand Isle, D&R, and DNR submit within seven (7) days a joint proposed notice plan, as described within document. Signed by Judge Kurt D. Engelhardt on 11/9/2012. (cab) Modified on 11/9/2012 to edit document type (cab).
November 29, 2012 239 Featured Case ORDER and REASONS re the 231 Joint Proposed Notice Plan Under 29 USC 216(b) With Briefing on Unresolved Issues, as stated within document. Signed by Judge Kurt D. Engelhardt on 11/29/2012. (Attachments: # 1 Exhibit A-E)(cab) Modified on 11/29/2012 to edit document type (cab).
February 19, 2013 310 Featured Case ORDER and REASONS granting 304 Motion for Leave to File Fourth Amended Class and Collective Action Complaint. Signed by Judge Kurt D. Engelhardt on 2/19/2013. (cbs) Modified on 2/19/2013 to edit document type (cbs).
February 27, 2013 330 Featured Case ORDER and REASONS granting in part and denying in part 214 Motion to Dismiss for Improper Venue under 12(b)(3) or, Alternatively, Motion to Compel Arbitration and Stay Proceedings Pending Arbitration, as stated within document. Signed by Judge Kurt D. Engelhardt on 2/27/2013. (cbs)
March 13, 2013 351 Featured Case ORDER AND REASONS ON MOTIONS. For the reasons set forth herein, IT IS ORDERED that Defendants' Motion to Modify Protective Order and Impose Sanctions, Record Doc. No. 312, is GRANTED IN PART and DENIED IN PART, and that Plaintiffs' Motion for Contempt and Sanctions, Record Doc. No. 321, is DENIED. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 3/13/13.(tbl)
June 18, 2013 440 Featured Case ORDER and REASONS denying as moot 275 Motion to Dismiss and/or Compel Arbitration as to Plaintiffs Isagani Garing and Angelito Marasigan and granting in part and denying without prejudice in part 368 Motion to Compel Arbitration, as stated within document. Signed by Judge Kurt D. Engelhardt on 6/18/2013. (cbs)
June 24, 2013 447 Featured Case ORDER and REASONS granting in part and denying in part 309 Motion to Compel Arbitration and Stay Proceedings Pending Arbitration of Defendant DNR Offshore and Crewing Services, Inc. and granting 352 Motion to Compel Arbitration and Stay Proceedings Pending Arbitration of DNR-Offshore and Crewing Services, Inc., as stated within document. Signed by Judge Kurt D. Engelhardt on 6/24/2013. (cbs)
July 3, 2013 465 Featured Case ORDER and REASONS - IT IS ORDERED that the Motion for Partial Summary Judgment 406 , filed by defendants DNR Offshore and Crewing Services, Inc., Grand Isle Shipyard, Inc., Thunder Enterprises, Inc., D&R Resources, LLC, Danilo N. Dayao, and Randolf Malagapo, is hereby GRANTED, and the plaintiffs' claims for false imprisonment are hereby DISMISSED, as stated within document. Signed by Judge Kurt D. Engelhardt on 7/3/2013. (cbs)
July 5, 2013 466 Featured Case ORDER & REASONS granting in part and denying in part deferred portion of 404 Motion to Compel; FURTHER ORDERED that plas must produce to dfts all non-protected documents as described in order, by 7/22/2013. Signed by Magistrate Judge Joseph C. Wilkinson, Jr. (lag, )
July 5, 2013 467 Featured Case ORDER & REASONS granting in part and denying in part 416 Motion for Contempt and/or Sanctions; granting in part and denying in part 419 Motion for Sanctions; ORDERED that no later than 7/19/2013, dfts must file and serve a motion to fix the amount of this award, supported by affidavits and other evidentiary material as set forth in document; Opposition to motion due 7/30/2013. Signed by Magistrate Judge Joseph C. Wilkinson, Jr. (NEF: J.Engelhardt) (lag, )
November 18, 2013 551 Featured Case ORDER and REASONS - Before the Court are Plaintiffs' Motion for Class Certification Pursuant to Fed. R. Civ. P. 23 401 and Plaintiffs' Motion for Separate Trials of Claims and Issues Pursuant to FRCP 42(b) 400 . IT IS ORDERED that; 1) Pl aintiffs' Motion for Class Certification Pursuant to Fed. R. Civ. P. 23 (Rec. Doc. 401) is hereby DENIED, and plaintiffs' Motion for Separate Trials of Claims and Issues Pursuant to FRCP 42(b) (Rec. Doc. 400) is hereby DENIED WITHOUT PREJUD ICE; 2) Counsel for the parties to the FLSA collective action shall confer and submit within thirty (30) days a joint proposed trial plan for the FLSA claims, as stated within document. Signed by Judge Kurt D. Engelhardt on 11/18/2013. (cbs) (Main Document 551 replaced on 11/18/2013) (cbs).
July 7, 2014 677 Featured Case ORDER and REASONS granting in part and denying in part 583 Motion for Partial Summary Judgment on Plaintiffs' Purported Tax Refund Claim; granting in part and denying in part 585 Motion for Partial Summary Judgment on Plaintiffs' Misr epresentation Claims; granting 586 Motion for Partial Summary Judgment on Plaintiffs' Purported Tax Refund Claim; denying 609 Motion for Partial Summary Judgment on Section 1981 Claim; granting in part and denying in part 628 Motion for Partial Summary Judgment on Plaintiffs' Breach of Contract and Implied Duty of Good Faith and Fair Dealing Claims and denying 635 Motion for Partial Summary Judgment on Damages, as stated within document. Signed by Judge Kurt D. Engelhardt on 7/7/2014. (cbs)

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Plaintiff: Josue Rabadan
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Plaintiff: Roseller Manuel
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Plaintiff: Armando Chumacera
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Plaintiff: Alberto Arcilla
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Plaintiff: Butch Era Perez
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Plaintiff: Daniel Acierto
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Plaintiff: Isidro Baricuatro, Jr.
Represented By: Ronald Lawrence Wilson
Represented By: David Anthony Dalia
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Plaintiff: Joel Franco
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Plaintiff: Saxon Gannod
Represented By: Ronald Lawrence Wilson
Represented By: David Anthony Dalia
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Plaintiff: Ferdinand D Garcia
Represented By: Ronald Lawrence Wilson
Represented By: David Anthony Dalia
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Plaintiff: Welson Gorom
Represented By: Ronald Lawrence Wilson
Represented By: David Anthony Dalia
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Plaintiff: Rodelio Maligo
Represented By: Ronald Lawrence Wilson
Represented By: David Anthony Dalia
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Plaintiff: Adrian Payagan
Represented By: Ronald Lawrence Wilson
Represented By: David Anthony Dalia
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Plaintiff: Erwin A. Realin
Represented By: David Anthony Dalia
Represented By: Ronald Lawrence Wilson
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Plaintiff: Marcelo Relota
Represented By: David Anthony Dalia
Represented By: Ronald Lawrence Wilson
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Plaintiff: Bonifacio Carreon
Represented By: David Anthony Dalia
Represented By: Ronald Lawrence Wilson
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Defendant: Industrial Personnel and Management Services, Inc.
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Defendant: Danilo N Dayao
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Defendant: D & R Resources, LLC
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Defendant: Grand Isle Shipyard, Inc.
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Defendant: V People, Inc.
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Defendant: Randolph F Nunez-Malagapo
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Defendant: Pacific Ocean Manning Incorporated
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Defendant: Thunder Enterprises, Inc.
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