Helmert et al v. Butterball LLC
Plaintiff: Sheila Helmert and Wilma Brown
Defendant: Butterball LLC
Case Number: 4:2008cv00342
Filed: April 18, 2008
Court: US District Court for the Eastern District of Arkansas
Office: Labor: Fair Standards Office
County: Franklin
Presiding Judge: J. Leon Holmes
Nature of Suit: Plaintiff
Cause of Action: Federal Question
Jury Demanded By: 29:201 Fair Labor Standards Act

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
November 9, 2012 Opinion or Order Filing 473 ORDER OF FINAL APPROVAL AND FINAL JUDGMENT re the parties' 468 Joint MOTION for Final Approval of the Class and Collective Action Settlement, and pltfs' 469 MOTION for Attorneys' Fees, Costs and Expenses; the parties' ; class-wide Settlement Agreement is fair and reasonable and is hereby approved; pltfs' request for service payments of $6,000 for each of the named pltfs and $1,000 for each pltf who was deposed is approved; Class Counsel's reque st for attorneys' fees and costs in the amount of $3,030,000 is reasonable and is approved; payment of attorneys' fees, costs and service payments shall be transmitted to Class Counsel as provided in the Settlement Agreement. Signed by Judge J. Leon Holmes on 11/9/12. (vjt)
May 22, 2012 Opinion or Order Filing 457 ORDER granting 455 Joint MOTION to Amend Scheduling Order; Discovery due by 8/1/2012; Pretrial Disclosure Sheet due by 10/10/2012. Signed by Chief Judge J. Leon Holmes on 5/22/12. (vjt)
October 6, 2011 Opinion or Order Filing 449 ORDER denying without prejudice 413 Butterball's Motion in Limine. Signed by Chief Judge J. Leon Holmes on 10/6/11. (vjt)
August 10, 2011 Opinion or Order Filing 444 ORDER granting 443 Joint MOTION to Stay the Deadline for pltfs to respond to 413 MOTION in Limine to Exclude the Testimony and Report of William J. Cutler pending further orders of the Court. Signed by Chief Judge J. Leon Holmes on 8/10/11. (vjt)
July 27, 2011 Opinion or Order Filing 439 OPINION AND ORDER granting deft's 317 Motion in Limine to remove from pltfs' witness list "any plant manager or supervisor not listed above", including all Huntsville and Ozark current and past production supervisors and shift managers. Signed by Chief Judge J. Leon Holmes on 7/27/11. (vjt)
June 15, 2011 Opinion or Order Filing 417 ORDER authorizing Kelly A. Swanson and T. Joseph Snodgrass to bring electronic devices into the courthouse in Little Rock on 6/22/11, subject to the provisions of this Order. Signed by Chief Judge J. Leon Holmes on 6/15/11. (vjt)
May 9, 2011 Opinion or Order Filing 364 ORDER granting 341 Butterball's Motion to Quash pltfs' deposition notice or in the alternative, for Protective Order. Signed by Chief Judge J. Leon Holmes on 5/9/11. (vjt)
April 20, 2011 Opinion or Order Filing 354 ORDER granting 353 Motion for Angela Beranek Brandt to Appear pro hac vice as counsel for pltfs in this matter. Signed by Chief Judge J. Leon Holmes on 4/20/11. (vjt)
March 16, 2011 Opinion or Order Filing 327 ORDER denying pltfs' 309 Motion to Compel Production of Documents for in camera review. Signed by Chief Judge J. Leon Holmes on 3/16/11. (vjt)
March 15, 2011 Opinion or Order Filing 325 ORDER denying pltfs' 305 Motion to Compel Production of Personnel Files and Records of Gary R. Lenaghan. Signed by Chief Judge J. Leon Holmes on 3/15/11. (vjt)
February 28, 2011 Opinion or Order Filing 312 ORDER granting 311 Joint Motion to Extend Deadlines; Rule 26 Expert Disclosures and Reports due 4/14/11; Responsive expert disclosure due 5/15/11; Fact discovery due by 5/15/2011; Discovery of experts due 6/14/11; All motions except motions in limine, due by 6/14/2011. Signed by Chief Judge J. Leon Holmes on 2/28/11. (vjt)
February 18, 2011 Opinion or Order Filing 307 ORDER granting Motions for Justin R. Barnes 302 , Erin L. Payne 303 , and C. Todd Van Dyke 304 to Appear pro hac vice as co-counsel for deft in this action. Signed by Chief Judge J. Leon Holmes on 2/18/11. (vjt)
November 5, 2010 Opinion or Order Filing 296 OPINION AND ORDER that pltfs' 275 MOTION for Protective Order is granted in part and denied in part; Butterball may depose up to twenty randomly selected opt-in pltfs (a maximum of two employees from each department) for up to two hours each. Signed by Chief Judge J. Leon Holmes on 11/5/10. (vjt)
November 3, 2010 Opinion or Order Filing 295 OPINION AND ORDER granting in part and denying in part deft's 282 Motion to Compel; pltfs shall respond to discovery requests as directed. Signed by Chief Judge J. Leon Holmes on 11/3/10. (vjt)
August 25, 2010 Opinion or Order Filing 274 OPINION AND ORDER denying pltfs' Motions for Partial Summary Judgment 219 221 ; deft's Rule 56(f) Motion 243 is denied as moot. Signed by Chief Judge J. Leon Holmes on 8/25/10. (vjt)
August 16, 2010 Opinion or Order Filing 270 ORDER authorizing Joseph Snodgrass, counsel for pltfs in this matter, to bring electronic devices into the courthouse on Monday, August 16, 2010. Signed by Chief Judge J. Leon Holmes on 8/16/10. (vjt)
May 27, 2010 Opinion or Order Filing 213 AMENDED ORDER 207 rescheduling the Rule 16 conference for Tuesday, June 8, 2010, at 1:30 p.m.; and directing that local counsel for both the plaintiffs and the defendant be in attendance. Signed by Chief Judge J. Leon Holmes on 5/27/10. (bkp)
May 13, 2010 Opinion or Order Filing 203 ORDER denying 187 Butterball's Motion to Strike; the Motion for Leave to File a Sur-Response is granted; any additional sur-response must be filed within 7 days from the entry of this Order. Signed by Chief Judge J. Leon Holmes on 5/13/10. (vjt)
April 13, 2010 Opinion or Order Filing 176 ORDER directing the parties to submit simultaneous briefs 21 days from today explaining their views on the scope and method of discovery as well as a trial plan; reply briefs will be due seven days later. Signed by Chief Judge J. Leon Holmes on 4/13/10. (vjt)
April 2, 2010 Opinion or Order Filing 164 ORDER granting 163 Motion for Suzanne M. Alford to Appear pro hac vice as co-counsel for deft in this action. Signed by Chief Judge J. Leon Holmes on 4/2/10. (vjt)
March 5, 2010 Opinion or Order Filing 139 ORDER granting 119 Motion to Clarify and for an extension of time in which to provide the information for 45 days from the date of this Order; and denying as moot Butterball's request for limited discovery on the issue of whether temporary and contract personnel are Butterball employees. Signed by Chief Judge J. Leon Holmes on 3/5/10. (bkp)
December 15, 2009 Opinion or Order Filing 109 OPINION AND ORDER that Pltfs' 80 Motion for Collective Action under the FLSA is GRANTED, and Motion for Certification of a Class pursuant to Rule 23 is DENIED; the Court names Helmert, Brown, and West as class representatives for the FLSA col lective action and appoints Pltfs' counsel of record as class counsel; parties are directed to conduct their Rule 26 Conference on or before 1/11/10, with their Rule 26 Report due no later than 1/18/10; Deft's 76 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART; Deft's 95 Motion to Amend Answer is GRANTED. Signed by Chief Judge J. Leon Holmes on 12/15/09. (vjt)
April 2, 2009 Opinion or Order Filing 61 ORDER directing the parties to submit a status report to the Court by April 13, 2009, indicating the results of the mediation efforts. Signed by Chief Judge J. Leon Holmes on 4/2/09. (bkp)
December 15, 2008 Opinion or Order Filing 54 ORDER granting 40 Motion to Compel. Signed by Chief Judge J. Leon Holmes on 12/15/08. (bkp)
December 3, 2008 Opinion or Order Filing 53 OPINION AND ORDER denying Butterball's 32 MOTION for Protective Order. Signed by Chief Judge J. Leon Holmes on 12/3/08. (vjt)
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Plaintiff: Sheila Helmert
Represented By: Robert Thompson Veon
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Plaintiff: Wilma Brown
Represented By: Robert Thompson Veon
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Defendant: Butterball LLC
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