Martinez-Hernandez et al v. Butterball, LLC et al
| Ulda Aponte and Liliana Martinez-Hernandez |
| Carolina Turkeys Carolina Turkeys, Smithfield Foods Inc Smithfield Foods Incorporated, Maxwell Farms, LLC, Smithfield Foods, Inc., Butterball, LLC, Maxwell Farms, Inc. and Maxwell Farms, Inc. Maxwell Farms, Inc. |
| Richard Ward, Cheyney Hales, Keith Nye, Jonathan Cunningham and Chuck Eppinette |
| 5:2007cv00174 |
| May 11, 2007 |
| US District Court for the Eastern District of North Carolina |
| Western Division Office |
| WAYNE |
| Malcolm J Howard |
| Labor: Fair Standards |
| 15 U.S.C. § 2 (a) Fair Labor Standards Act |
| None |
Docket Report
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This docket was last retrieved on June 15, 2012. A more recent docket listing may be available from PACER.
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Filing 662
ORDER granting #660 Motion to Dismiss - ORDER OF DISMISSAL WITH PREJUDICE. Signed by Senior Judge Malcolm J. Howard on 6/14/2012. (Rudd, D.)
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| Filing 661 CERTIFICATE OF SERVICE by Liliana Martinez-Hernandez regarding #660 MOTION to Dismiss with Prejudice (Getman, Dan) |
| NOTICE OF DEFICIENCY regarding #660 Motion to Dismiss. Incomplete Certificate of Service and incorrect signature block - Paralegal's signature on Certificate of Service. The electronic/graphic signature on the Certificate of Service and the electronic filer do not match. Also, counsel should include the name of each individual upon which the document was served. Counsel should refile a separately captioned Certificate of Service using Civil Events - Service of Process. (Heath, D.) |
| Motion Submitted to Senior Judge Malcolm J. Howard: #660 MOTION to Dismiss with Prejudice. (Rudd, D.) |
| Filing 660 MOTION to Dismiss with Prejudice by Liliana Martinez-Hernandez. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service) (Getman, Dan) |
| NOTICE OF DEFICIENCY per chambers request in regards: #659 Notice-(other) - The proposed order needs to be supported by a motion. Refer to the order entered on 3/19/2012 at entry #657 paragraph nine (9). (Rudd, D.) |
| Filing 659 NOTICE by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.) regarding #657 Order on Motion for Miscellaneous Relief, Order on Motion for Attorney Fees, of Filing Proposed Order of Dismissal With Prejudice. (Magnus, Eric) |
| Filing 658 Minute Entry for proceedings held before Senior Judge Malcolm J. Howard in Greenville: Fairness Hearing and Motion Hearing held on 3/19/2012 re #648 MOTION for Attorney Fees and Costs filed by Liliana Martinez-Hernandez, #645 MOTION Final Approval of the Class and Collective Action Settlement filed by Liliana Martinez-Hernandez - Plaintiff present with counsel - Defendant's counsel present - Court hears from both parties - Fairness hearing held - The court finds that the proposed settlement is appropriate and fair pursuant to Rule 23 of the Federal Rules of Civil Procedure - The court also grants the motion for attorney fees. Written order at #657 . (Court Reporter Leslie Brittian) (Rudd, D.) |
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Filing 657
ORDER granting #645 Motion Final Approval of the Class and Collective Action Settlement; granting #648 Motion for Attorney Fees. Counsel should read order in its entirety for critical information and deadlines. Signed by Senior Judge Malcolm J. Howard on 3/19/2012. (Rudd, D.)
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ORAL ORDER - Motions mooted - See order at #657 . Motions terminated: #597 MOTION in Limine to Preclude Testimony, Affidavit and Kronos Swipe Analysis of Michael Russo filed by Butterball, LLC, #588 MOTION for Leave to File amended and supplemental motions in light of the Fourth Circuits recent decision in Perez v. Mountaire Farms, Inc. filed by Butterball, LLC, #472 MOTION for Summary Judgment on De Minimis Defense MOTION for Partial Summary Judgment Dismissing All Claims For Time in Excess of "Reasonable Time" MOTION for Judgment on the Pleadings on Break Claims filed by Butterball, LLC, #610 MOTION to Quash filed by Ulda Aponte, Liliana Martinez-Hernandez, #476 MOTION for Partial Summary Judgment on Two Issues: Donning and Doffing Personal Protective Equipment Is Integral and Indispensible to Workers Primary Job Duties and Dismissing Butterballs De Minimis Defense Pre-January 2006 filed by Ulda Aponte, Liliana Martinez-Hernandez. Entered by Senior Judge Malcolm J. Howard on 3/19/2012. (Rudd, D.)
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| Filing 656 CERTIFICATE OF SERVICE by Liliana Martinez-Hernandez re #655 Memorandum in Support. (Getman, Dan) |
| Filing 655 Memorandum in Support re #648 MOTION for Attorney Fees and Costs, #649 Memorandum in Support filed by Liliana Martinez-Hernandez. (Getman, Dan) |
| NOTICE OF DEFICIENCY re: #655 Memorandum in Support. No Certificate of Service attached. Counsel should file a Certificate of Service as soon as possible. (Heath, D.) |
| Filing 654 Proposed Order re #648 MOTION for Attorney Fees and Costs, #645 MOTION Final Approval of the Class and Collective Action Settlement filed by Liliana Martinez-Hernandez. (Attachments: #1 Certificate of Service) (Getman, Dan) |
| Filing 653 Declaration re #648 MOTION for Attorney Fees and Costs by Liliana Martinez-Hernandez. (Attachments: #1 Exhibit Time Sheet of Robert Willis, #2 Exhibit Time Sheet of Yoana Caceres, #3 Exhibit Time Sheet of Rebecca Norman, #4 Exhibit Time Sheet of Melissa Cooper, #5 Exhibit Time Sheet of Maritza Muehleisen, #6 Exhibit Time Sheet of Kemeny Pacheco, #7 Exhibit Time Sheet of Hugo Contreras, #8 Exhibit Time Sheet of Freddie Andon, #9 Exhibit Time Sheet of Aaron Jacobson, #10 Exhibit Expenses, #11 Attorney Time Sheet-) (Getman, Dan) |
| Filing 652 Declaration re #648 MOTION for Attorney Fees and Costs by Liliana Martinez-Hernandez. (Attachments: #1 Exhibit -Attorney Time Sheet, #2 Certificate of Service) (Getman, Dan) |
| Filing 651 Declaration re #648 MOTION for Attorney Fees and Costs by Liliana Martinez-Hernandez. (Attachments: #1 Exhibit 1-A, #2 Exhibit 1-B, #3 Exhibit 1-C, #4 Exhibit 1-D, #5 Exhibit 1-E, #6 Exhibit 2, #7 Certificate of Service) (Getman, Dan) |
| Filing 650 Declaration re #648 MOTION for Attorney Fees and Costs by Liliana Martinez-Hernandez. (Attachments: #1 Certificate of Service) (Getman, Dan) |
| Filing 649 Memorandum in Support re #648 MOTION for Attorney Fees and Costs filed by Liliana Martinez-Hernandez. (Attachments: #1 Certificate of Service) (Getman, Dan) |
| Filing 648 MOTION for Attorney Fees and Costs by Liliana Martinez-Hernandez. (Attachments: #1 Certificate of Service) (Getman, Dan) |
| Filing 647 Declaration re #645 MOTION Final Approval of the Class and Collective Action Settlement by Liliana Martinez-Hernandez. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service) (Getman, Dan) |
| Filing 646 Memorandum in Support re #645 MOTION Final Approval of the Class and Collective Action Settlement filed by Liliana Martinez-Hernandez. (Attachments: #1 Certificate of Service) (Getman, Dan) |
| Filing 645 MOTION Final Approval of the Class and Collective Action Settlement by Liliana Martinez-Hernandez. (Attachments: #1 Certificate of Service) (Getman, Dan) |
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Filing 644
ORDER granting #643 Motion for Extension of Time to send notice and to reschedule Fairness Hearing. Notice to be sent by January 12, 2012. Fairness Hearing rescheduled for March 19, 2012 at 10:00 a.m. in Greenville, North Carolina. Signed by Senior Judge Malcolm J. Howard on 1/5/2012. (Heath, D.)
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| **** Reset Hearing: Fairness Hearing reset for March 19, 2012 at 10:00 a.m. in Greenville. (Heath, D.) |
| Filing 643 Joint MOTION for Extension of Time to Send Out Class Notice and to Hold Fairness Hearing by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Text of Proposed Order) (Magnus, Eric) |
| Motion Submitted to Senior Judge Malcolm J. Howard: #643 Joint MOTION for Extension of Time to Send Out Class Notice and to Hold Fairness Hearing. (Heath, D.) |
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Filing 642
ORDER granting #641 Motion for Extension of Time to send out the Notice of Settlement to the class by December 30, 2011. Signed by Senior Judge Malcolm J. Howard on 12/29/2011. (Lee, L.)
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| Motion Submitted to Senior Judge Malcolm J. Howard: #641 Second MOTION for Extension of Time to Send Out Class Notice (Joint). (Heath, D.) |
| Filing 641 Second MOTION for Extension of Time to Send Out Class Notice (Joint) by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Text of Proposed Order) (Magnus, Eric) |
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Filing 640
ORDER granting #639 Motion for Extension of Time. The parties, through the Claims Administrator, shall send out the Notice of Settlement to the class by December 23, 2011. Signed by Senior Judge Malcolm J. Howard on 12/12/2011. (Heath, D.)
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| Filing 639 Joint MOTION for Extension of Time to Send Out Class Notice by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Text of Proposed Order) (Magnus, Eric) |
| NOTICE OF DEFICIENCY re: #638 Motion for Extension of Time: Pursuant to Local Civil Rule 6.1, or the judges practice preferences on the courts website, counsel must submit a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. (Lee, L.) |
| Motion Submitted to Senior Judge Malcolm J. Howard: #639 Joint MOTION for Extension of Time to Send Out Class Notice. (Lee, L.) |
| Filing 638 Joint MOTION for Extension of Time to Send Out Class Notice by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Magnus, Eric) |
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Filing 637
ORDER OF PRELIMINARY APPROVAL - A final fairness hearing will be held February 29, 2012 at 10:00 a.m. at the United States Courthouse in Greenville. Counsel should read order in its entirety. Signed by Senior Judge Malcolm J. Howard on 11/30/2011. Copy to Shannon, Weebie, Jolie, Lisa, Shelia and James. (Heath, D.)
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| **** Set Hearing: Final Fairness Hearing set 2/29/2012 at 10:00 a.m. before Senior Judge Malcolm J. Howard. (Heath, D.) |
| Filing 636 Joint MOTION for Settlement Preliminary Approval and Notice to Settlement Class by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit 1--Proposed Settlement Agreement and Exhibits) (Magnus, Eric) |
| Case manager received an email from attorney Eric Magnus advising that due to technical difficulties with cm/ecf on November 16, 2011, counsel will file the proposed settlement agreement as soon as the system will accept filings. (Heath, D.) |
| Motion Submitted to Senior Judge Malcolm J. Howard: #636 Joint MOTION for Settlement Preliminary Approval and Notice to Settlement Class. (Heath, D.) |
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Filing 635
ORDER granting #634 Motion for Extension of Time. The parties shall file a Motion for Preliminary Approval of their settlement agreement by November 16, 2011. Signed by Senior Judge Malcolm J. Howard on 11/10/2011. (Heath, D.)
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| Filing 634 Joint MOTION for Extension of Time to File Motion for Preliminary Approval (Amended) by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Text of Proposed Order) (Magnus, Eric) |
| Motion Submitted to Senior Judge Malcolm J. Howard: #634 Joint MOTION for Extension of Time to File Motion for Preliminary Approval (Amended). (Heath, D.) |
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Filing 633
ORDER granting #632 Motion for Extension of Time to File a Motion for Preliminary Approval of settlement agreement by November 9, 2011. Signed by Senior Judge Malcolm J. Howard on 11/8/2011. (Heath, D.)
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| Filing 632 Joint MOTION for Extension of Time to File Motion for Preliminary Approval of Settlement Agreement by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Text of Proposed Order) (Magnus, Eric) |
| Motion Submitted to Senior Judge Malcolm J. Howard: #632 Joint MOTION for Extension of Time to File Motion for Preliminary Approval of Settlement Agreement. (Lee, L.) |
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Filing 631
ORDER granting #629 Motion to Stay all Deadlines. ORDERED that the parties shall file a Motion for Preliminary Approval of their settlement agreement by November 7, 2011. Counsel should read order in its entirety. Copy to Lisa, Scott, Dana, Shannon, Weebie and Jolie. Signed by Senior Judge Malcolm J. Howard on 10/12/2011. (Heath, D.)
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| Motion Submitted to Senior Judge Malcolm J. Howard: #629 Joint MOTION to Stay all Deadlines and to Continue Trial Pending Approval of Settlement. (Heath, D.) |
| Filing 629 Joint MOTION to Stay All Deadlines and to Continue Trial Pending Approval of Settlement by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Text of Proposed Order) (Magnus, Eric) |
| Filing 628 APPEAL OF US MAGISTRATE JUDGE DECISION to District Court by Liliana Martinez-Hernandez re #614 Order on Motion for Miscellaneous Relief, Order on Motion in Limine, Order on Motion to Strike. (Attachments: #1 Memorandum in Support of Rule 72(a) Appeal) (Getman, Dan) |
| Filing 627 **DISREGARD ENTRY - APPEAL IS INCOMPLETE - COUNSEL REFILED APPEAL AT DE#628** APPEAL OF US MAGISTRATE JUDGE DECISION to District Court by Liliana Martinez-Hernandez re #614 Order on Motion for Miscellaneous Relief, Order on Motion in Limine, Order on Motion to Strike, (Attachments: #1 Memorandum in Suppport of Rule 72(a) Appeal) (Getman, Dan) Modified on 10/4/2011 to add disregard language. (Heath, D.). |
| Case manager received a call from Mr. Garcia, paralegal for Mr. Dan Getman advising the Appeal of the Magistrate Judges Decision filed at DE #627 should be disregarded as the filing is incomplete. Counsel refiled the Appeal at DE #628. (Heath, D.) |
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Filing 626
ORDER granting #625 Motion to Rescheduled Pretrial. Pretrial to be held November 1, 2011 at 1:00 p.m. Signed by Magistrate Judge David W. Daniel on 10/3/2011. (Heath, D.)
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| Filing 625 Unopposed Motion to Reschedule Final Pretrial Conference by Liliana Martinez-Hernandez. (Attachments: #1 Text of Proposed Order) (Getman, Dan) |
| MOTION REFERRED to Magistrate Judge David W. Daniel: #625 Unopposed Motion to Reschedule Final Pretrial Conference. (Heath, D.) |
| **** Reset Hearing: Pretrial Conference reset for 11/1/2011 at 1:00 PM in the Greenville Annex Courtroom before Magistrate Judge David W. Daniel. (Heath, D.) |
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Filing 624
ORDER DENYING defendant's #456 Motion for Partial Summary Judgment. Plaintiff's #473 Motion for Partial Summary Judgment is GRANTED as to Butterball's Eighth, Tenth, Eleventh and Twelfth Defenses and is otherwise DENIED. Counsel should read order in its entirety. Signed by Senior Judge Malcolm J. Howard on 9/30/2011. (Heath, D.)
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Filing 623
ORDER - This matter is before the Court on plaintiffs' appeal of an order denying plaintiff's Motion to Compel Entry and Inspection and Answer to Interrogatories entered by United States Magistrate Judge David W. Daniel. The Court AFFIRMS the denial of plaintiffs' motion to compel. Signed by Senior Judge Malcolm J. Howard on 9/29/2011. (Heath, D.)
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Filing 622
ORDER denying #460 Motion for Decertification. Signed by Senior Judge Malcolm J. Howard on 9/29/2011. (Heath, D.)
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Filing 621
ORDER denying without prejudice #466 Motion to Bifurcate. Counsel should read order in its entirety. Signed by Senior Judge Malcolm J. Howard on 9/29/2011. (Heath, D.)
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Filing 620
ORDER - This matter is before the Court on plaintiffs' appeal of an order entered by United States Magistrate Judge David W. Daniel denying plaintiffs' motion to compel discovery of certain time-motion studies. Counsel should read order in its entirety for ruling. Signed by Senior Judge Malcolm J. Howard on 9/29/2011. (Heath, D.)
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Filing 619
ORDER denying #437 Motion to Supplement. The May 21, 2010 order entered by United States Magistrate Judge David W. Daniel is vacated in part and affirmed in part. Counsel should read order in its entirety for further instructions. Signed by Senior Judge Malcolm J. Howard on 9/29/2011. (Heath, D.)
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| Filing 618 JUDGMENT in favor of Butterball, LLC against Liliana Martinez-Hernandez and Ulda Aponte on each and every Fair Labor Standards Act claim that arose more than two years before the cause of action accrued. Signed by Dennis P. Iavarone, Clerk of Court on 9/29/2011. (Heath, D.) |
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Filing 617
ORDER granting #454 Motion for Partial Summary Judgment. Signed by Senior Judge Malcolm J. Howard on 9/29/2011. (Heath, D.)
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Filing 616
ORDER - The pretrial conference is rescheduled for Monday, October 31, 2011 at 9:30 a.m. at the Courthouse Annex in Greenville. Signed by Magistrate Judge David W. Daniel on 9/27/2011. (Heath, D.)
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| **** Reset Hearing: Pretrial Conference reset for 10/31/2011 at 9:30 AM in Greenville Annex Courtroom before Magistrate Judge David W. Daniel. (Heath, D.) |
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Filing 615
ORDER granting #612 Motion to Stay deadline for Butterball to respond to plaintiffs' Motion to Quash Duces Tecum. Counsel should read order in its entirety. Signed by Magistrate Judge David W. Daniel on 9/26/2011. (Heath, D.)
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Filing 614
ORDER denying #458 Motion; denying #468 Motion in Limine; denying #540 Motion to Strike and denying #558 Motion to Strike. Counsel should read order in its entirety for further rulings. Signed by Magistrate Judge David W. Daniel on 9/26/2011. (Heath, D.)
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| MOTION REFERRED to Magistrate Judge David W. Daniel: #612 Joint MOTION to Stay. (Heath, D.) |
| Filing 613 NOTICE by Ulda Aponte, Liliana Martinez-Hernandez OF CONFLICT AND REQUEST FOR ASSISTANCE (Attachments: #1 Martinez-Hernandez - Notice of Pretrial Conference, #2 Martinez-Hernandez - Order for Jury Trial, #3 Covarrubias-Guerrero - Notice of Civil Trial) (Willis, Robert) |
| Filing 612 Joint MOTION to Stay re #610 MOTION to Quash Deadline for Butterball To Respond by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A--Subpoena, #2 Exhibit B--Plaintiffs' North Carolina Motion, #3 Exhibit C--Plaintiffs' New York Motion, #4 Text of Proposed Order) (Magnus, Eric) |
| MOTION REFERRED to Magistrate Judge David W. Daniel: #610 MOTION to Quash. (Heath, D.) |
| Filing 611 Memorandum in Support re #610 MOTION to Quash filed by Ulda Aponte, Liliana Martinez-Hernandez. (Getman, Dan) |
| Filing 610 MOTION to Quash by Ulda Aponte, Liliana Martinez-Hernandez. (Attachments: #1 Affidavit Dunn Declaration, #2 Exhibit 1 - Notice of Deposition and Subpeona, #3 Exhibit 2 - Sample Calculations, #4 Exhibit 3 - Email Correspondence, #5 Exhibit 4 - Portion of Lenaghan Deposition) (Getman, Dan) |
| MOTION REFERRED to Magistrate Judge David W. Daniel: #597 MOTION in Limine to Preclude Testimony, Affidavit and Kronos Swipe Analysis of Michael Russo. (Heath, D.) |
| Motion No Longer Referred to Magistrate Judge David W. Daniel: #597 MOTION in Limine. Motion to be submitted to Senior Judge Malcolm J. Howard. (Heath, D.) |
| Motion Submitted to Senior Judge Malcolm J. Howard: #597 MOTION in Limine to Preclude Testimony, Affidavit and Kronos Swipe Analysis of Michael Russo. (Heath, D.) |
| Filing 609 REPLY to Response to Motion re #597 MOTION in Limine to Preclude Testimony, Affidavita and Kronos Swipe Analysis of Michael Russo filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A--Deposition Testimony, #2 Exhibit B1--Unpublished Decisions, #3 Exhibit B2--Unpublished Decisions, #4 Exhibit B3--Unpublished Decisions, #5 Exhibit C--Russo Affidavits) (Magnus, Eric) |
| Filing 608 NOTICE by Ulda Aponte, Liliana Martinez-Hernandez re #596 Notice-(other) Supplemental Authority. (Attachments: #1 Exhibit Bouaphakeo v. Tyson Foods, Inc.) (Getman, Dan) |
| Filing 607 NOTICE by Ulda Aponte, Liliana Martinez-Hernandez Supplemental Authority. (Attachments: #1 Exhibit Notice of Deposition) (Getman, Dan) |
| Motions No Longer Submitted to Senior Judge Malcolm J. Howard: #468 MOTION in Limine and #540 MOTION to Strike. (Heath, D.) |
| MOTIONS REFERRED to Magistrate Judge David W. Daniel: #468 MOTION in Limine and #540 MOTION to Strike. (Heath, D.) |
| Filing 606 NOTICE of Hearing: Pretrial Conference set for 11/8/2011 at 9:30 AM in the Greenville Annex Courtroom before Magistrate Judge David W. Daniel. (Heath, D.) |
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Filing 605
ORDER - Given the parties' respective positions concerning the trial of this matter, the court has decided to remove the case from the October 17, 2011, civil term and to set a date certain for trial. In the event the parties are unable to resolve their dispute, the court hereby schedules this action for trial, with jury selection to commence on November 21, 2011 at 10:00 a.m. in Greenville. Jury Trial set for 11/21/2011 10:00 AM in Greenville Courtroom before Senior Judge Malcolm J. Howard. Signed by Senior Judge Malcolm J. Howard on 8/24/2011. Calendar Copy. Copy forwarded to Lisa, Shelia, James, Scott, Dana, Shannon, Weebie, Jolie and Court Security Officers. (Heath, D.)
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| Filing 604 Letter dated 8/23/2011 from the law firm of Jackson Lewis in response to plaintiff's request for court ordered mediation. Letter faxed to Senior Judge Malcolm J. Howard's chamber by counsel. (Heath, D.) |
| Filing 603 Letter dated 8/23/2011 from the law firm of Getman Sweeney requesting court ordered mediation. Letter faxed to Senior Judge Malcolm J. Howard's chamber by counsel. (Heath, D.) |
| **** Reset Hearing: Jury Trial reset to commence 11/21/2011 10:00 AM in Greenville Courtroom before Senior Judge Malcolm J. Howard. (Heath, D.) |
| #602 Response in Opposition forwarded to Senior Judge Malcolm J. Howard. (Heath, D.) |
| Filing 602 RESPONSE in Opposition re #597 MOTION in Limine to Preclude Testimony, Affidavita and Kronos Swipe Analysis of Michael Russo filed by Ulda Aponte, Liliana Martinez-Hernandez. (Getman, Dan) |
| Filing 601 Memorandum in Opposition re #597 MOTION in Limine to Preclude Testimony, Affidavita and Kronos Swipe Analysis of Michael Russo filed by Liliana Martinez-Hernandez. (Getman, Dan) |
| Motion Submitted to Senior Judge Malcolm J. Howard: #597 MOTION in Limine to Preclude Testimony, Affidavit and Kronos Swipe Analysis of Michael Russo. (Heath, D.) |
| #601 Memorandum In Opposition forwarded to Senior Judge Malcolm J. Howard. (Heath, D.) |
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NOTICE TO COUNSEL - Pursuant to the order entered by Senior Judge Malcolm J. Howard May 2, 2011, DE #581, this matter has been set on the Court's October 17, 2011, civil term for calendar call and for the setting of a date certain for trial. A pretrial conference will be scheduled approximately two weeks prior to trial. (Heath, D.)
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| Motion No Longer Referred to Magistrate Judge David W. Daniel: #588 MOTION for Leave to File amended and supplemental motions in light of the Fourth Circuits recent decision in Perez v. Mountaire Farms, Inc. Advised by Magistrate Judge David W. Daniel to submit motion to Senior Judge Malcolm J. Howard for consideration. (Heath, D.) |
| Motion Submitted to Senior Judge Malcolm J. Howard: #588 MOTION for Leave to File amended and supplemental motions in light of the Fourth Circuits recent decision in Perez v. Mountaire Farms, Inc. (Heath, D.) |
| Filing 600 RESPONSE re #599 Notice-(other) filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A--Castaneda decision, #2 Exhibit B--Smithfield decisions) (Magnus, Eric) |
| Filing 599 NOTICE by Liliana Martinez-Hernandez of Supplemental Authority (Attachments: #1 Supplement Helmert V. Butterball, LLC 4:05-CV-00342-JLH) (Getman, Dan) |
| Filing 598 Memorandum in Support re #597 MOTION in Limine to Preclude Testimony, Affidavita and Kronos Swipe Analysis of Michael Russo filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A--May 3, 2011 email from Matt Dunn, #2 Exhibit B--Plaintiffs' Initial Disclosures, #3 Exhibit C--Hernandez Response to First Interrogatories, #4 Exhibit D--Aponte Response to First Interrogatories, #5 Exhibit E--Deposition Excerpts on Swipe Times, #6 Exhibit F--Deposition Excerpts on Swipe Times) (Magnus, Eric) |
| Filing 597 MOTION in Limine to Preclude Testimony, Affidavita and Kronos Swipe Analysis of Michael Russo by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Magnus, Eric) |
| Filing 596 NOTICE by Ulda Aponte, Liliana Martinez-Hernandez re #594 Notice-(other), Notice-(other) of Supplemental Authority. (Willis, Robert) |
| MOTION REFERRED to Magistrate Judge David W. Daniel: #588 MOTION for Leave to File amended and supplemental motions in light of the Fourth Circuits recent decision in Perez v. Mountaire Farms, Inc. (Heath, D.) |
| Filing 595 REPLY to Response to Motion re #588 MOTION for Leave to File amended and supplemental briefs in light of the Fourth Circuits recent decision in Perez v. Mountaire Farms, Inc. filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A1--Unpublished Decisions, Part 1, #2 Exhibit A2--Unpublished Decisions, Part 2, #3 Exhibit A3--Unpublished Decisions, Part 3, #4 Exhibit B--Deposition Excerpts, #5 Exhibit C1--Perez v. Mountaire Findings of Fact, Part 1, #6 Exhibit C2--Perez v. Mountaire Findings of Fact, Part 2) (Magnus, Eric) |
| Filing 594 NOTICE by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.) re #460 MOTION Decertification of FLSA and NCWHA Collective and Class Claims of Supplemental Authority. (Attachments: #1 Exhibit A--Wal Mart v. Dukes, #2 Exhibit B--Cruz v. Dollar Tree) (Magnus, Eric) |
| NOTICE TO COUNSEL re: #593 Memorandum in Opposition - Signature on Certificate of Service inconsistent with filing attorney. Pursuant to Section J (1) of the CM/ECF Policy Manual, the user log-in and password required to submit documents to CM/ECF shall serve as that user's signature for purposes of the Federal Rule of Civil Procedure 11. Counsel is further directed to Section L (2)(b) of the CM/ECF Policy Manual regarding exhibit naming conventions. The clerk has corrected the text to reflect the exhibits. No need to refile at this time. (Jenkins, C.) |
| Filing 593 Memorandum in Opposition re #588 MOTION for Leave to File amended and supplemental motions in light of the Fourth Circuits recent decision in Perez v. Mountaire Farms, Inc. filed by Liliana Martinez-Hernandez. (Attachments: #1 Exhibit 1- Excerpts from Deposition of Irene Armwood, #2 Exhibit 2- NC Administrative Code re employment and wages) (Getman, Dan) Modified on 7/6/2011 to identify exhibit attachments. (Jenkins, C.) |
| Filing 592 NOTICE by Ulda Aponte, Liliana Martinez-Hernandez re #563 Reply to Response to Motion, #468 MOTION in Limine TO PRECLUDE THE EXPERT REPORT AND TESTIMONY OF DR. FERNANDEZ, #562 Reply to Response to Motion, #476 MOTION for Partial Summary Judgment on Two Issues: Donning and Doffing Personal Protective Equipment Is Integral and Indispensible to Workers Primary Job Duties and Dismissing Butterballs De Minimis Defense Pre-January 2006, #474 Memorandum in Support, #531 Response in Opposition to Motion, #529 Memorandum in Opposition, #477 Memorandum in Support, #473 MOTION for Partial Summary Judgment AS TO GOOD FAITH AND OTHER AFFIRMATIVE DEFENSES ALLEGED BY DEFENDANT, #527 Response in Opposition to Motion, #556 Response in Support of Motion, #523 Response in Opposition to Motion, #469 Memorandum in Support, #475 Memorandum in Support, #472 MOTION for Summary Judgment on De Minimis Defense MOTION for Partial Summary Judgment Dismissing All Claims For Time in Excess of "Reasonable Time" MOTION for Judgment on the Pleadings on Break Claims, #553 Response in Support of Motion, OF SUPPLEMENTAL AUTHORITY (Attachments: #1 Exhibit A - DOLs September 2010 Comments, #2 Exhibit B - 75 Fed.Reg. 47729 August 9, 2010, #3 Exhibit C - 76 Fed.Reg. 33980 June 10, 2011, #4 Exhibit D - Shelia Helmert, et al. v. Butterball, LLC) (Willis, Robert) |
| NOTICE OF DEFICIENCY re: #591 Notice-(other). Counsel failed to link the notice to the associated motion. Counsel is instructed to refile the notice and link it to the associated motion. (Heath, D.) |
| Filing 591 NOTICE by Ulda Aponte, Liliana Martinez-Hernandez OF SUPPLEMENTAL AUTHORITY. (Attachments: #1 Exhibit A - DOLs September 2010 Comments, #2 Exhibit B - 75 Fed.Reg. 47729 August 9, 2010, #3 Exhibit C - 76 Fed.Reg. 33980 June 10, 2011, #4 Exhibit D - Shelia Helmert, et al. v. Butterball, LLC) (Willis, Robert) |
| Filing 590 NOTICE by Liliana Martinez-Hernandez OF INTENT TO FILE OPPOSITION BRIEF TO DEFENDANT BUTTERBALL, LLCS MOTION FOR LEAVE TO FILE AMENDED AND SUPPLEMENTAL BRIEFS IN LIGHT OF RECENT FOURTH CIRCUIT DECISION IN PEREZ V. MOUNTAIRE FARMS, INC. (DE 588) (Getman, Dan) |
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Filing 589
ORDER granting #575 Motion for Clarification. Signed by Senior Judge Malcolm J. Howard on 6/14/2011. (Heath, D.)
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| Filing 588 MOTION for Leave to File amended and supplemental motions in light of the Fourth Circuits recent decision in Perez v. Mountaire Farms, Inc. by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A1--Perez v. Mountaire Farms, #2 Exhibit A2-Perez v. Mountaire Farms) (Magnus, Eric) |
| #582 Motion in Limine terminated. Notice of Withdrawal filed 5/12/2011 #587 . (Heath, D.) |
| Filing 587 NOTICE of Withdrawal of Motion by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.) re #582 MOTION in Limine to Preclude Testimony of Michael Russo, Kronos Swipe Data Analysis and Affidavit and Incorporated Memorandum of Law. (Magnus, Eric) |
| Motion Submitted to Senior Judge Malcolm J. Howard: #575 MOTION re #570 Order on Motion for Judgment on the Pleadings. (Heath, D.) |
| Filing 586 REPLY to Response to Motion re #575 MOTION re #570 Order on Motion for Judgment on the Pleadings filed by Ulda Aponte, Liliana Martinez-Hernandez. (Attachments: #1 Exhibit 278 - Employee Handbook, #2 Supplement Order Guerrero v. Pro Klean, Inc. Mecklenburg County Superior Court, #3 Supplement Order Guerrero v. Pro Klean, Inc. NC Court of Appeals) (Willis, Robert) |
| Filing 585 NOTICE by Ulda Aponte, Liliana Martinez-Hernandez re Motions Referred OF CONSENT TO AND EXPLANATION FOR UNNECESSARY MOTION BY BUTTERBALL, LLC #583 MOTION for Extension of Time to Complete Discovery (Videographer Depositions) through May 13, 2011 (Attachments: #1 Exhibit 1 - Email RJ Willis to Butterball 4-18-11, #2 Exhibit 2 - Email RJ Willis to Butterball 4-25-11, #3 Exhibit 3 - Email Butterball to RJ Willis 4-25-11, #4 Exhibit 4 - Email exchange 4-25-11, #5 Exhibit 5 - Email exchange 4-26-11 & 4-27-11, #6 Exhibit 6 - Email re Russo Deposition, #7 Exhibit 7 - Email re Joint Motion) (Willis, Robert) |
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Filing 584
ORDER granting #583 Motion for Extension of Time to Complete Discovery. Butterball shall have until May 13, 2011 to complete the videographer depositions permitted by the Court in its April 18, 2011 Order, DE #574. Signed by Magistrate Judge David W. Daniel on 5/5/2011. (Heath, D.)
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| Filing 583 MOTION for Extension of Time to Complete Discovery (Videographer Depositions) Through May 13, 2011 by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A--April 18, 2011 e-mail from Robert Willis to Butterball counsel, #2 Exhibit B--April 25, 2011 e-mail from Robert Willis to Butterball counsel, #3 Exhibit C--April 25, 2011 e-mail from Robert Willis to Butterball counsel, #4 Text of Proposed Order) (Magnus, Eric) |
| MOTION REFERRED to Magistrate Judge David W. Daniel: #583 MOTION for Extension of Time to Complete Discovery. (Heath, D.) |
| Filing 582 **MOTION WITHDRAWN BY COUNSEL 5/12/2011, DE#587** MOTION in Limine to Preclude Testimony of Michael Russo, Kronos Swipe Data Analysis and Affidavit and Incorporated Memorandum of Law by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A--Defendant's Third Set of Interrogatories, #2 Exhibit B--Plaintiffs' Responses to Defendant's Third Set of Interrogatories, #3 Exhibit C--Plaintiffs' Amended Responses to Defendant's Third Set of Interrogatories, #4 Exhibit D-1--Unpublished Decisions, #5 Exhibit D-2--Unpublished Decisions (cont.), #6 Exhibit D-3--Unpublished Decisions (cont.), #7 Exhibit D-4--Unpublished Decisions (cont.), #8 Exhibit E-1--Defendant's First Set of Interrogatories and Requests for Production, #9 Exhibit E-2--Defendant's First Set of Interrogatories and Requests for Production (cont.)) (Magnus, Eric) Modified on 5/18/2011 to add language advising motion has been withdrawn. (Heath, D.). |
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Filing 581
ORDER granting #577 Motion to Amend Scheduling Order. The trial of this matter is hereby continued to the court's October 17, 2011, civil term for calendar call. The clerk is directed to reschedule the pretrial conference accordingly. Signed by Senior Judge Malcolm J. Howard on 5/2/2011. (Heath, D.)
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| **** Set Hearing: Jury Trial reset for 10/17/2011 10:00 AM in Greenville - Courtroom before Senior Judge Malcolm J. Howard. (Heath, D.) |
| Filing 580 RESPONSE to Motion re #575 MOTION re #570 Order on Motion for Judgment on the Pleadings filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Magnus, Eric) |
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Filing 579
ORDER granting #465 Motion for Leave to File and granting #522 Motion for Leave to File. Signed by Magistrate Judge David W. Daniel on 4/28/2011. (Heath, D.)
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| Filing 578 CERTIFICATE OF SERVICE by Liliana Martinez-Hernandez re #575 MOTION re #570 Order on Motion for Judgment on the Pleadings (Getman, Dan) |
| NOTICE OF DEFICIENCY re: #575 Motion for Miscellaneous Relief - No Certificate of Service attached. Pursuant to Section F(3) of the CM/ECF Policy Manual (located on Court's Website), all documents filed using CM/ECF shall include a certificate of service identifying the manner in which the service on each party was accomplished. Counsel is directed to refile the document or file a separately captioned document labeled Certificate of Service using: Civil Event - Service of Process - Certificate of Service. (Jenkins, C.) |
| MOTION REFERRED to Magistrate Judge David W. Daniel: #577 Joint MOTION to Amend Scheduling Order. (Heath, D.) |
| Filing 577 Joint MOTION to Amend/Correct #501 Set Deadlines/Hearings by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Text of Proposed Order) (Magnus, Eric) |
| Filing 576 Memorandum in Support re #575 MOTION re #570 Order on Motion for Judgment on the Pleadings filed by Ulda Aponte. (Getman, Dan) |
| Filing 575 MOTION re #570 Order on Motion for Judgment on the Pleadings by Ulda Aponte. (Attachments: #1 Text of Proposed Order, #2 Exhibit A: Email) (Getman, Dan) |
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Filing 574
ORDER granting in part and denying in part #499 Motion for Protective Order and #499 Motion to Quash. Counsel see order for futher rulings. Signed by Magistrate Judge David W. Daniel on 4/18/2011. (Heath, D.)
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| Filing 573 NOTICE by Liliana Martinez-Hernandez OF FILING (PLAINTIFFS' DECLARATION TO ATHENTICATE VIDEO EXHIBITS (Attachments: #1 Authentication Declaration of Dan Getman, #2 Plaintiffs' Declaration to Authenticate Video Exhibits) (Getman, Dan) |
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Filing 572
ORDER - Signed by Magistrate Judge David W. Daniel on 4/8/2011. (Heath, D.)
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| Motion No Longer Submitted: #458 MOTION Exclude Plaintiffs' Rebuttal Expert. Advised by Senior Judge Malcolm J. Howard the motion will be ruled on by Magistrate Judge David W. Daniel. Motion referred to Magistrate Judge David W. Daniel 2/14/2011. (Heath, D.) |
| MOTION REFERRED: #558 Second MOTION to Strike EVIDENCE OF DEFENDANT IN VIOLATION OF RULES 56(c)(2). Motion referred to David W. Daniel. (Heath, D.) |
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Filing 571
ORDER denying #405 Motion to Strike. Signed by Senior District Judge Malcolm J. Howard on 3/31/2011. (Heath, D.)
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Filing 570
ORDER GRANTING IN PART and DENYING IN PART #251 Motion for Judgment on the Pleadings. Signed by Senior Judge Malcolm J. Howard on 3/30/11. (Lee, L.)
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Filing 569
ORDER DENYING WITHOUT PREJUDICE #419 Motion for Protective Order. Signed by US Magistrate Judge David W. Daniel on 3/29/2011. (Lee, L.)
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| Motion No Longer Referred: #419 MOTION for Protective Order no longer referred to Magistrate Judge David W. Daniel. (Heath, D.) |
| Filing 568 REPLY to Response to Motion re #558 Second MOTION to Strike EVIDENCE OF DEFENDANT IN VIOLATION OF RULES 56(c)(2) filed by Ulda Aponte, Liliana Martinez-Hernandez. (Attachments: #1 Supplement Reich v. IBP, Inc.) (Willis, Robert) |
| Filing 567 RESPONSE in Opposition re #558 Second MOTION to Strike EVIDENCE OF DEFENDANT IN VIOLATION OF RULES 56(c)(2) filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Magnus, Eric) |
| Motions Submitted: #460 MOTION Decertification of FLSA and NCWHA Collective and Class Claims, #476 MOTION for Partial Summary Judgment on Two Issues: Donning and Doffing Personal Protective Equipment Is Integral and Indispensible to Workers Primary Job Duties and Dismissing Butterballs De Minimis Defense Pre-January 2006, #473 MOTION for Partial Summary Judgment AS TO GOOD FAITH AND OTHER AFFIRMATIVE DEFENSES ALLEGED BY DEFENDANT, #454 MOTION for Partial Summary Judgment Dismissing All Claims Outside the Two-Year Statute of Limitations, #472 MOTION for Summary Judgment on De Minimis Defense MOTION for Partial Summary Judgment Dismissing All Claims For Time in Excess of "Reasonable Time" MOTION for Judgment on the Pleadings on Break Claims, #458 MOTION Exclude Plaintiffs' "Rebuttal" Expert, #456 MOTION for Partial Summary Judgment On Good Faith Defenses To Liquidated Damages, #466 MOTION to Bifurcate OF TRIAL INTO LIABILITY AND DAMAGES AND LIQUIDATED DAMAGES PHASES, #468 MOTION in Limine TO PRECLUDE THE EXPERT REPORT AND TESTIMONY OF DR. FERNANDEZ, #540 MOTION to Strike EVIDENCE OF DEFENDANT IN VIOLATION OF RULES 56(e) MOTION to Strike EVIDENCE OF DEFENDANT IN VIOLATION OF RULES 56(e) forwarded to Judge Howard for consideration. (Heath, D.) |
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Filing 566
ORDER - This matter is before the Court on plaintiffs' motion to seal #539 .Notwithstanding Plaintiffs' noncompliance, in the interest of efficiency, it is hereby ORDERED that Plaintiffs' motion to seal [DE-539] be re-designated as a Notice of Filing Provisionally Sealed Material and that Butterball shall have seven (7) days after entry of this order, in conformity with the Court's Electronic Case Filing Administrative Policies and Procedures Manual section T(I)(a)6.(ii), to file a motion and memorandum in support requesting that thedocuments be maintained under seal. Signed by US Magistrate Judge David W. Daniel on 2/23/2011. (Heath, D.)
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| Filing 565 REPLY to Response to Motion re #540 MOTION to Strike EVIDENCE OF DEFENDANT IN VIOLATION OF RULES 56(e) MOTION to Strike EVIDENCE OF DEFENDANT IN VIOLATION OF RULES 56(e) filed by Ulda Aponte, Liliana Martinez-Hernandez. (Attachments: #1 Exhibit A - Unpublished Decisions) (Willis, Robert) |
| Filing 564 REPLY to Response to Motion re #456 MOTION for Partial Summary Judgment On Good Faith Defenses To Liquidated Damages filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Index of Evidence, #2 Exhibit A--Unpublished Decisions, #3 Exhibit B--Brinson Errata Sheet, #4 Exhibit C--Brinson Deposition Excerpts) (Magnus, Eric) |
| Filing 563 REPLY to Response to Motion re #473 MOTION for Partial Summary Judgment AS TO GOOD FAITH AND OTHER AFFIRMATIVE DEFENSES ALLEGED BY DEFENDANT filed by Ulda Aponte, Liliana Martinez-Hernandez. (Attachments: #1 Exhibit B - Unpublished Cases) (Willis, Robert) |
| Filing 562 REPLY to Response to Motion re #472 MOTION for Summary Judgment on De Minimis Defense MOTION for Partial Summary Judgment Dismissing All Claims For Time in Excess of "Reasonable Time" MOTION for Judgment on the Pleadings on Break Claims filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Index of Evidence, #2 Exhibit A1--Unpublished Decisions, #3 Exhibit A2--Unpublished Decisions, #4 Exhibit A3--Unpublished Decisions, #5 Exhibit A4--Unpublished Decisions, #6 Exhibit A5--Unpublished Decisions, #7 Exhibit B--Brinson Errata Sheet, #8 Exhibit C--Brinson Deposition Excerpts, #9 Exhibit D--Davis Deposition Excerpts, #10 Exhibit E--Martinez-Hernandez Deposition Excerpts, #11 Exhibit F--Gibbs Deposition Excerpts, #12 Exhibit G--Peacock Deposition Excerpts, #13 Exhibit H--Leonard Deposition Excerpts) (Magnus, Eric) |
| Filing 561 NOTICE by Ulda Aponte, Liliana Martinez-Hernandez re #552 Reply to Response to Motion, OF WITHDRAWAL (Willis, Robert) |
| Filing 560 REPLY to Response to Motion re #460 MOTION Decertification of FLSA and NCWHA Collective and Class Claims filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit 1--Unpublished Decisions) (Magnus, Eric) |
| Filing 559 Memorandum in Support re #558 Second MOTION to Strike EVIDENCE OF DEFENDANT IN VIOLATION OF RULES 56(c)(2) filed by Ulda Aponte, Liliana Martinez-Hernandez. (Attachments: #1 Exhibit 1 - Declaration of Freddie Abdon) (Willis, Robert) |
| Filing 558 Second MOTION to Strike EVIDENCE OF DEFENDANT IN VIOLATION OF RULES 56(c)(2) by Ulda Aponte, Liliana Martinez-Hernandez. (Willis, Robert) |
| Filing 557 NOTICE by Ulda Aponte, Liliana Martinez-Hernandez re #555 Memorandum in Support, #554 Second MOTION to Strike EVIDENCE OF DEFENDANT IN VIOLATION OF RULES 56(e) OF WITHDRAWAL (Willis, Robert) |
| Filing 556 RESPONSE in Support re #476 MOTION for Partial Summary Judgment on Two Issues: Donning and Doffing Personal Protective Equipment Is Integral and Indispensible to Workers Primary Job Duties and Dismissing Butterballs De Minimis Defense Pre-January 2006 filed by Liliana Martinez-Hernandez. (Attachments: #1 Index of Evidence, #2 Exhibit 1 DOL amicus brief - Ramos-Barrientos v. Bland, #3 Exhibit 1 Part 2 DOL amicus brief - Ramos-Barrientos v. Bland, #4 Exhibit 2 Unpublished Cases, #5 Authentication Declaration of Dan Getman, #6 Certificate of Service) (Getman, Dan) |
| Filing 555 Memorandum in Support re #554 Second MOTION to Strike EVIDENCE OF DEFENDANT IN VIOLATION OF RULES 56(e) filed by Ulda Aponte, Liliana Martinez-Hernandez. (Attachments: #1 Exhibit 1 - Declaration of Freddie Abdon) (Willis, Robert) |
| Filing 554 Second MOTION to Strike EVIDENCE OF DEFENDANT IN VIOLATION OF RULES 56(e) by Ulda Aponte, Liliana Martinez-Hernandez. (Willis, Robert) |
| Filing 553 RESPONSE in Support re #468 MOTION in Limine TO PRECLUDE THE EXPERT REPORT AND TESTIMONY OF DR. FERNANDEZ filed by Liliana Martinez-Hernandez. (Attachments: #1 Index of Exhibits, #2 Exhibit Unpublished cases, #3 Plaintiffs' Declaration to Authenticate Video Exhibits, #4 Certificate of Service) (Getman, Dan) |
| Filing 552 REPLY to Response to Motion re #473 MOTION for Partial Summary Judgment as to good faith and other affirmative defenses alleged by defendant. (Willis, Robert) Modified on 7/21/2011 to link reply to correct motion. (Heath, D.). |
| Filing 551 REPLY to Response to Motion re #458 MOTION Exclude Plaintiffs' "Rebuttal" Expert filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A1--Unpublished Decisions, #2 Exhibit A2--Unpublished Decisions) (Magnus, Eric) |
| MOTIONS REFERRED: #522 MOTION for Leave to File TO FILE A COMPACT DISC CONTAINING A BRIEF VIDEO SEGMENT, #539 MOTION to Seal #538 PROPOSED SEALED Exhibit,, #491 MOTION for Extension of Time to File Response/Reply as to #436 Order on Motion for Extension of Time to File,, MOTION for Extension of Time for Trial Date MOTION for Extension of Time to File Response/Reply as to #436 Order on Motion for Extension of Time to File,,, #465 MOTION for Leave to File TO FILE A COMPACT DISC CONTAINING A BRIEF VIDEO SEGMENT, #458 MOTION Exclude Plaintiffs' "Rebuttal" Expert, #419 MOTION for Protective Order forwarded to Judge Daniel for consideration. Motions referred to David W. Daniel. (Heath, D.) |
| Filing 550 RESPONSE in Opposition re #540 MOTION to Strike EVIDENCE OF DEFENDANT IN VIOLATION OF RULES 56(e) MOTION to Strike EVIDENCE OF DEFENDANT IN VIOLATION OF RULES 56(e) filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A - Shoemaker Deposition Excerpts, #2 Exhibit B - Pelletier Deposition Excerpts, #3 Exhibit C - Unpublished Cases) (Magnus, Eric) |
| Filing 549 REPLY to Response to Motion re #499 MOTION for Protective Order MOTION to Quash NON-PARTY DEPOSITION SUBPOENAS DUCES TECUM filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Magnus, Eric) |
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Filing 548
ORDER - This matter is before the Court on plaintiffs' motions to seal #519 and #526 . Notwithstanding Plaintiffs' noncompliance, in the interest of efficiency it is hereby ORDERED that each of Plaintiffs' motions to seal [DE-5l9, 526] be re-designated as a Notice of Filing Provisionally Sealed Material and that Butterball shall have seven (7) days after entry of this order, in conformity with the Court's Electronic Case Filing Administrative Policies and Procedures Manual section T(l)(a)6.(ii), to file a motion and memorandum in support requesting that the documents be maintained under seal. Signed by US Magistrate Judge David W. Daniel on 1/20/2011. (Heath, D.)
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Filing 547
ORDER granting #452 Motion to Seal. Signed by US Magistrate Judge David W. Daniel on 1/20/2011. (Heath, D.)
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Filing 546
ORDER granting #441 Motion to Seal. Signed by US Magistrate Judge David W. Daniel on 1/20/2011. (Heath, D.)
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| Filing 545 Declaration re #529 Memorandum in Opposition, by Liliana Martinez-Hernandez. (Attachments: #1 Exhibit A Relevant Instance in 23 selected Employers, #2 Exhibit B Relevant Instance in 16 selected Employers, #3 Exhibit C Relevant Instance in Top 7 Departments) (Getman, Dan) |
| NOTICE OF DEFICIENCY re: #530 Declaration - Supporting documents should be filed as attachments to the underlying Declaration. Pursuant to Section (L) (2) of the CM/ECF Policy Manual, attachments and exhibits must be identified with a clear and complete description of the document (e.g. Exhibit 1 is insufficient. Affidavit of Jane Doe would meet the requirement.) Additionally, each attached document must be separated as a filing party would do when creating a hard copy version of the documents. Counsel is directed to refile document with the appropriate attachments. (Jenkins, C.) |
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As Ordered by Judge Daniel 1/20/2011, case manager corrected DE#519 and DE #526 to reflect Notice of Filing Provisionally Sealed Material. (Heath, D.)
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| Filing 544 Memorandum in Opposition re #509 Response in Opposition to Motion, filed by Ulda Aponte, Liliana Martinez-Hernandez. (Attachments: #1 Exhibit 1 - Plaintiffs Letter with Videos 7-15-10, #2 Exhibit 2 - Plaintiffs Supplemental Interrogatory Answers 6-15-10, #3 Exhibit 3 - Plaintiffs Supplemental Interrogatory Answers 7-28-10, #4 Exhibit 4 - Plaintiffs Email to BB 9-10-10, #5 Exhibit 5 - Plaintiffs Letter with Videos 10-1-10) (Willis, Robert) |
| Filing 543 RESPONSE in Opposition re #522 MOTION for Leave to File TO FILE A COMPACT DISC CONTAINING A BRIEF VIDEO SEGMENT filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Magnus, Eric) |
| NOTICE TO COUNSEL re: #521 Response to Motion - Pursuant to section L (2)(c) of the CM/ECF Policy Manual located on the court's website, when filing a document with more than five (5) exhibits or attachments, the first attached exhibit or attachment must be an index of all subsequently attached documents. In the future, counsel is reminded to file an exhibit list when attaching more than five (5) exhibits. No need to refile at this time. (Jenkins, C.) |
| Filing 542 NOTICE by Ulda Aponte, Liliana Martinez-Hernandez re #540 MOTION to Strike EVIDENCE OF DEFENDANT IN VIOLATION OF RULES 56(e) MOTION to Strike EVIDENCE OF DEFENDANT IN VIOLATION OF RULES 56(e) OF FILING EXHIBITS 59 (Attachments: #1 Exhibit 59 - Unpublished Cases (Part 1), #2 Exhibit 59 - Unpublished Cases (Part 2), #3 Exhibit 59 - Unpublished Cases (Part 3)) (Willis, Robert) |
| Filing 541 Memorandum in Support re #540 MOTION to Strike EVIDENCE OF DEFENDANT IN VIOLATION OF RULES 56(e) MOTION to Strike EVIDENCE OF DEFENDANT IN VIOLATION OF RULES 56(e) filed by Ulda Aponte, Liliana Martinez-Hernandez. (Willis, Robert) |
| Filing 540 MOTION to Strike EVIDENCE OF DEFENDANT IN VIOLATION OF RULES 56(e) by Ulda Aponte, Liliana Martinez-Hernandez. (Attachments: #1 Exhibit 10 - Lenaghan Deposition Excerpts 1-14-2010 (Part 1), #2 Exhibit 10 - Lenaghan Deposition Excerpts 1-14-2010 (Part 2), #3 Exhibit 25 - Kacsuta Deposition Excerpts, #4 Exhibit 27 - Lenaghan Deposition Excerpts 7-26-2010, #5 Exhibit 38 - Pelletier Deposition Excerpts, #6 Exhibit 43 - Shoemaker Deposition Excerpts) (Willis, Robert) |
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Filing 539
**NAME OF DOCUMENT CHANGED PER ORDER ENTERED BY JUDGE DANIEL 2/23/2011 TO REFLECT Notice of Filing Provisionally Sealed Material - #538 PROPOSED SEALED Exhibit, by Ulda Aponte, Liliana Martinez-Hernandez. (Attachments: #1 Text of Proposed Order) (Willis, Robert) Modified on 2/23/2011 to change name of document per Order of Judge Daniel 2/23/2011. (Heath, D.).
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| Filing 538 PROPOSED SEALED Exhibit by Plaintiffs Ulda Aponte, Liliana Martinez-Hernandez re #534 Memorandum in Opposition, #521 Response to Motion, #528 Memorandum in Opposition. (Attachments: #1 Exhibit 52 - Defendants Rule 23 Memo 6-20-2008, #2 Exhibit 105 - Email from Richard Haygood 9-7-2006) (Willis, Robert) |
| Filing 537 NOTICE by Ulda Aponte, Liliana Martinez-Hernandez re #534 Memorandum in Opposition OF FILING EXHIBITS 59 and 60 (Attachments: #1 Exhibit 59 - Unpublished Cases (Part 1), #2 Exhibit 59 - Unpublished Cases (Part 2), #3 Exhibit 59 - Unpublished Cases (Part 3), #4 Exhibit 60 - Declaration Mike Russo 1-13-2011) (Willis, Robert) |
| Filing 536 NOTICE by Ulda Aponte, Liliana Martinez-Hernandez re #534 Memorandum in Opposition OF FILING EXHIBITS 48, 50, 51 and 54 (Attachments: #1 Exhibit 48 - Zambrano Deposition Excerpts, #2 Exhibit 50 - Declaration Liliana Martinez-Hernandez 1-10-2011, #3 Exhibit 51 - Declaration Ulda Aponte 12-23-2010, #4 Exhibit 54 - HRAR Eroita Hernandez 12-7-2009) (Willis, Robert) |
| Filing 535 NOTICE by Ulda Aponte, Liliana Martinez-Hernandez re #534 Memorandum in Opposition OF FILING EXHIBITS 3, 8, 10, 15, 27, 29, 30 and 35 (Attachments: #1 Exhibit 3 - Brinson Deposition Excerpts, #2 Exhibit 8 - Ingram Deposition Excerpts 1-13-2010, #3 Exhibit 10 - Lenaghan Deposition Excerpts 1-14-2010 (Part 1), #4 Exhibit 10 - Lenaghan Deposition Excerpts 1-14-2010 (Part 2), #5 Exhibit 15 - Deposition Excerpts, #6 Exhibit 27 - Lenaghan Deposition Excerpts 7-26-2010, #7 Exhibit 29 - Martinez-Hernandez Deposition Excerpts, #8 Exhibit 30 - McCoy Deposition Excerpts, #9 Exhibit 35 - Morris Deposition Excerpts) (Willis, Robert) |
| Filing 534 Memorandum in Opposition re #460 MOTION Decertification of FLSA and NCWHA Collective and Class Claims filed by Ulda Aponte, Liliana Martinez-Hernandez. (Willis, Robert) |
| Filing 533 Declaration of Matthew Dunn by Ulda Aponte filed by Ulda Aponte. (Attachments: #1 Exhibit Erica Morris HRAR, #2 Exhibit Janet Cummings HRAR, #3 Exhibit Hernandez-Floress HRAR, #4 Exhibit Hugo Vega Castros deposition, #5 Exhibit Rudolph Peacocks deposition, #6 Exhibit Antonio Williams deposition, #7 Exhibit Mark Faulhabers deposition, #8 Exhibit Carolyn Leonards deposition, #9 Exhibit Butterballs 30(b)(6) deposition of Ron Wells, #10 Exhibit Mary Hodges deposition, #11 Exhibit Shirley Martinezs deposition, #12 Exhibit Solis v. Tyson Foods, Inc., 2:02-cv-01174-VEH, Doc. 521-1 (N.D.Ala. June 3, 2010), #13 Exhibit Lugo v. Farmers Pride,Inc., 2:07-cv-00749-MMB, Doc. 433, 17, 43-49 (E.D.Pa. Oct. 15, 2009), #14 Exhibit Helmert v. Butterball, LLC, 4:04-cv-0342 JLH, DE 89, 22, 27, 33, 34 (E.D.Ark. Aug. 21, 2009), #15 Exhibit Butterballs initial disclosures, #16 Exhibit Jeannie Suggs-Myers deposition, #17 Exhibit Annie Williams deposition, #18 Exhibit unpublished cases, #19 Exhibit Butterballs Supplement Response and Objections to Plaintiffs Interrogatory Number 12, #20 Exhibit Butterballs statement of undisputed facts with Plaintiffs responses.) (Getman, Dan) |
| Filing 532 Declaration of Matthew Dunn by Ulda Aponte filed by Ulda Aponte. (Attachments: #1 Exhibit Yvonne Sandersons Deposition, #2 Exhibit Sharon Daviss Deposition, #3 Exhibit Reynaldo Sarmiento, Jr.s, deposition, #4 Exhibit still shot from Butterball RTE side of the plant, #5 Exhibit Omar Dejesus deposition, #6 Exhibit John Lerchs deposition, #7 Exhibit James McCoys deposition, #8 Exhibit Betty Bynums deposition, #9 Exhibit Gloria Mitchells deposition, #10 Exhibit Bernita Cobbs deposition, #11 Exhibit Orlando Santos Flores deposition, #12 Exhibit Kelton Lees deposition, #13 Exhibit Catherine Picketts deposition, #14 Exhibit Patricia Brinsons Deposition, #15 Exhibit Yolanda Salinas Deposition, #16 Exhibit Erica Morris deposition, #17 Exhibit Diane Grahams deposition, #18 Exhibit Jacqueline Wilsons deposition, #19 Exhibit Clementine Wells deposition, #20 Exhibit Rico Hills deposition, #21 Exhibit Krystal Butlers deposition, #22 Exhibit Sayda Suyapa Swinsons deposition, #23 Exhibit Donnell Joyners deposition, #24 Exhibit Shamika Morriseys deposition, #25 Exhibit Barbara Gibbs Deposition, #26 Exhibit Lacy Moores Deposition, #27 Exhibit Sabrina Gradys deposition, #28 Exhibit Laura Toledanos deposition, #29 Exhibit Liliana Martinez-Hernandezs Declaration, #30 Exhibit Ulda Aponte Declaration, #31 Exhibit Sandra Brinson Deposition, #32 Exhibit Janet Cummings deposition, #33 Exhibit Janie Batts-Miller deposition, #34 Exhibit Benny James deposition, #35 Exhibit Julius Barnes Deposition, #36 Exhibit Darian Boneys deposition, #37 Exhibit Luis Camano Canongos deposition, #38 Exhibit Eroita Hernandez-Flores deposition, #39 Exhibit Kirby Chestnuts deposition, #40 Exhibit Minerva Rodriguez-Santiagos deposition, #41 Exhibit Victor Javier Melendez-Maldonado deposition, #42 Exhibit Martinez-Hernandezs deposition, #43 Exhibit Julia Zambranos deposition, #44 Exhibit Julia Zambranos break log) (Getman, Dan) |
| Filing 531 RESPONSE in Opposition re #476 MOTION for Partial Summary Judgment on Two Issues: Donning and Doffing Personal Protective Equipment Is Integral and Indispensible to Workers Primary Job Duties and Dismissing Butterballs De Minimis Defense Pre-January 2006 filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Index of Evidence, #2 Exhibit 1--Excerpt from July 2007 Second Processing Facilitator Guide, #3 Exhibit 2--Excerpt from orientation materials, #4 Exhibit 3--Excerpts from orientation materials and July 2007 Facilitator Guide, #5 Exhibit 4--Excerpt, July 2007 Facilitator Guide, #6 Exhibit 5--Excerpts from Deposition of Steve Swan, #7 Exhibit 6--Excerpts from Deposition of Curtis Sill, #8 Exhibit 7--Excerpts from Deposition of Betty Hobson, #9 Exhibit 8--Excerpts from Deposition of James Bannerman, #10 Exhibit 9--Excerpts from Deposition of Rey Sarmiento, #11 Exhibit 10--Excerpt from Power Point presentation regarding PPE, #12 Exhibit 11--Excerpt from orientation materials, #13 Exhibit 12--July 1, 2008 Memo to Mt. Olive associates, #14 Exhibit 13--Excerpt from Power Point presentation regarding PPE, #15 Exhibit 14--Excerpts from Deposition of Irene Armwood, #16 Exhibit 15--Excerpt from Power Point presentation regarding PPE, #17 Exhibit 16--Excerpts from Deposition of Omar DeJesus, #18 Exhibit 17--Excerpt from Power Point presentation regarding PPE, #19 Exhibit 18--Excerpts from Deposition of Darien Boney, #20 Exhibit 19--Excerpts from Deposition of Rudolph Peacock, #21 Exhibit 20--Excerpts from Deposition of Janie Batts-Miller, #22 Exhibit 21--Excerpts from Deposition of Orlando Acosta, #23 Exhibit 22--Excerpts from Deposition of Bernita Bell-Cobb, #24 Exhibit 23--Excerpts from Deposition of Krystal Butler, #25 Exhibit 24--Excerpts from Deposition of Patricia Brinson, #26 Exhibit 25--Excerpts from Deposition of Louis Camano-Canongo, #27 Exhibit 26--Excerpts from Deposition of Janet Cummings, #28 Exhibit 27--Excerpts from Deposition of Pamela Houston, #29 Exhibit 28--Excerpts from Deposition of Gloria Mitchell, #30 Exhibit 29--Excerpts from Deposition of Benny James, #31 Exhibit 30--Excerpts from Deposition of Kelton Lee, #32 Exhibit 31--Excerpts from Deposition of James McCoy, #33 Exhibit 32--Excerpts from Deposition of Erica Morris, #34 Exhibit 33--Excerpts from Deposition of Catherine Pickett, #35 Exhibit 34--Excerpts from Deposition of Yolanda Salinas, #36 Exhibit 35--Excerpts from Deposition of Julius Barnes, #37 Exhibit 36--Excerpts from Deposition of Betty Bynum, #38 Exhibit 37--Excerpts from Deposition of Shirley Martinez, #39 Exhibit 38--Excerpts from Deposition of Donnell Joyner, #40 Exhibit 39--Excerpts from Deposition of Carolyn Leonard, #41 Exhibit 40--Excerpts from Deposition of Shamika Morrisey, #42 Exhibit 41A--Unpublished Decisions, #43 Exhibit 41B--Unpublished Decisions, #44 Exhibit 41C--Unpublished Decisions, #45 Exhibit 41D--Unpublished Decisions, #46 Exhibit 41E--Unpublished Decisions, #47 Exhibit 41F--Unpublished Decisions, #48 Exhibit 41G--Unpublished Decisions, #49 Exhibit 41H--Unpublished Decisions, #50 Exhibit 41I--Unpublished Decisions, #51 Exhibit 42--Judge Howard's Orders adopting recommendations in Smithfield cases, #52 Exhibit 43--DOL Wage Advisory Memo, #53 Exhibit 44--DOL Field Operations Handbook, #54 Exhibit 45--Excerpts from Deposition of Barbara Gibbs, #55 Exhibit 46--Excerpts from Deposition of Eroita Hernandez-Flores, #56 Exhibit 47--Excerpts from Deposition of Jacqueline Wilson, #57 Exhibit 48--Excerpts from 30(b)(6) Deposition of Ron Wells, #58 Exhibit 49--Excerpts from Deposition of Dr. Fernandez) (Magnus, Eric) |
| Filing 530 Declaration re #529 Memorandum in Opposition, Declaration of M. Russo by Ulda Aponte filed by Ulda Aponte. (Getman, Dan) |
| Filing 529 Memorandum in Opposition re #472 MOTION for Summary Judgment on De Minimis Defense MOTION for Partial Summary Judgment Dismissing All Claims For Time in Excess of "Reasonable Time" MOTION for Judgment on the Pleadings on Break Claims filed by Ulda Aponte. (Getman, Dan) |
| Filing 528 Memorandum in Opposition re #456 MOTION for Partial Summary Judgment On Good Faith Defenses To Liquidated Damages filed by Ulda Aponte, Liliana Martinez-Hernandez. (Attachments: #1 Exhibit 4 - Blackshear Deposition Excerpts, #2 Exhibit 5 - Boney Deposition Excerpts, #3 Exhibit 7 - Butler Deposition Excerpts, #4 Exhibit 8 - Ingram Deposition Excerpts 1-13-2010, #5 Exhibit 10 - Lenaghan Deposition Excerpts 1-14-2010 (Part 1), #6 Exhibit 10 - Lenaghan Deposition Excerpts 1-14-2010 (Part 2), #7 Exhibit 11 - Lenaghan Deposition Excerpts 7-28-2010, #8 Exhibit 12 - Wells Deposition Excerpts, #9 Exhibit 17 - Gibbs Deposition Excerpts, #10 Exhibit 18 - Grady Deposition Excerpts, #11 Exhibit 19 - Graham Deposition Excerpts, #12 Exhibit 20 - Hernandez-Flores Deposition Excerpts, #13 Exhibit 22 - Ingram Deposition Excerpts 7-27-2010, #14 Exhibit 24 - Joyner Deposition Excerpts, #15 Exhibit 25 - Kacsuta Deposition Excerpts, #16 Exhibit 27 - Lenaghan Deposition Excerpts 7-26-2010, #17 Exhibit 28 - Leonard Deposition Excerpts, #18 Exhibit 38 - Pelletier Deposition Excerpts, #19 Exhibit 39 - Pickett Deposition Excerpts, #20 Exhibit 41 - Salinas Deposition Excerpts, #21 Exhibit 43 - Shoemaker Deposition Excerpts, #22 Exhibit 45 - Thompson Deposition Excerpts, #23 Exhibit 48 - Zambrano Deposition Excerpts, #24 Exhibit 57 - DOL Website Chao v. Perdue 2000, #25 Exhibit 59 - Unpublished Cases (Part 1), #26 Exhibit 59 - Unpublished Cases (Part 2), #27 Exhibit 59 - Unpublished Cases (Part 3), #28 Exhibit 94 - Tyson MDTn Case) (Willis, Robert) |
| Filing 527 RESPONSE in Opposition re #473 MOTION for Partial Summary Judgment AS TO GOOD FAITH AND OTHER AFFIRMATIVE DEFENSES ALLEGED BY DEFENDANT filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Index of Evidence, #2 Exhibit A--Excerpts from Deposition of Dan Blackshear, #3 Exhibit B1--Unpublished Decisions, #4 Exhibit B2--Unpublished Decisions, #5 Exhibit B3--Unpublished Decisions) (Magnus, Eric) |
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Filing 526
Notice of Filing Provisionally Sealed Material #525 PROPOSED SEALED Exhibit 58 Associate Sanitation/Personal Hygiene Policy by Liliana Martinez-Hernandez. (Getman, Dan) Modified on 1/20/2011 to correct entry to reflect properly as Ordered by Judge Daniel 1/20/2011. (Heath, D.).
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| Filing 525 PROPOSED SEALED Exhibit by Plaintiff Liliana Martinez-Hernandez. (Getman, Dan) |
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Filing 524
ORDER granting #517 Motion to Exceed Page Limit. Counsel see order for complete details. Signed by US Magistrate Judge David W. Daniel on 1/14/2011. (Heath, D.)
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| Filing 523 RESPONSE in Opposition re #468 MOTION in Limine TO PRECLUDE THE EXPERT REPORT AND TESTIMONY OF DR. FERNANDEZ filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Index of Evidence, #2 Exhibit A1--Deposition of Dr. Fernandez, #3 Exhibit A2--Deposition of Dr. Fernandez, #4 Exhibit A3--Deposition of Dr. Fernandez, #5 Exhibit B--Plaintiffs' Amended Responses to Butterball's Third Interrogatories, #6 Exhibit C1-Unpublished Decisions, #7 Exhibit C2-Unpublished Decisions, #8 Exhibit C3-Unpublished Decisions) (Magnus, Eric) |
| Filing 522 MOTION for Leave to File TO FILE A COMPACT DISC CONTAINING A BRIEF VIDEO SEGMENT by Ulda Aponte, Liliana Martinez-Hernandez. (Attachments: #1 Text of Proposed Order) (Willis, Robert) |
| Filing 521 RESPONSE to Motion re #454 MOTION for Partial Summary Judgment Dismissing All Claims Outside the Two-Year Statute of Limitations MEMORANDUM filed by Ulda Aponte, Liliana Martinez-Hernandez. (Attachments: #1 Exhibit 4 - Blackshear Deposition Excerpts, #2 Exhibit 7 - Butler Deposition Excerpts, #3 Exhibit 8 - Ingram Deposition Excerpts 1-13-2010, #4 Exhibit 9 - Ingram Deposition Excerpts 7-28-2010, #5 Exhibit 10 - Lenaghan Deposition Excerpts 1-14-2010 (Part 1), #6 Exhibit 10 - Lenaghan Deposition Excerpts 1-14-2010 (Part 2), #7 Exhibit 11 - Lenaghan Deposition Excerpts 7-28-2010, #8 Exhibit 14 - Cobb Deposition Excerpts, #9 Exhibit 15 - Davis Deposition Excerpts, #10 Exhibit 18 - Grady Deposition Excerpts, #11 Exhibit 20 - Hernandez-Flores Deposition Excerpts, #12 Exhibit 23 - James Deposition Excerpts, #13 Exhibit 25 - Kacsuta Deposition Excerpts, #14 Exhibit 26 - Lee Deposition Excerpts, #15 Exhibit 27 - Lenaghan Deposition Excerpts 7-26-2010, #16 Exhibit 31 - Melendez-Maldonado Deposition Excerpts, #17 Exhibit 32 - Mendoza Deposition Excerpts, #18 Exhibit 33 - Gloria Mitchell Deposition Excerpts, #19 Exhibit 34 - Moore Deposition Excerpts, #20 Exhibit 37 - Peacock Deposition Excerpts, #21 Exhibit 38 - Pelletier Deposition Excerpts, #22 Exhibit 40 - Rodriguez-Santiago Deposition Excerpts, #23 Exhibit 42 - Scanlan Deposition Excerpts, #24 Exhibit 43 - Shoemaker Deposition Excerpts, #25 Exhibit 44 - Suyapa-Swinson Deposition Excerpts, #26 Exhibit 46 - Toledano Deposition Excerpts, #27 Exhibit 47 - Vega-Castro Deposition Excerpts, #28 Exhibit 48 - Zambrano Deposition Excerpts, #29 Exhibit 49 - Declaration Contreras 11-30-2010, #30 Exhibit 50 - Declaration Liliana Martinez-Hernandez 1-10-2011, #31 Exhibit 53 - HRAR James 7-7-2009, #32 Exhibit 54 - HRAR Eroita Hernandez 12-7-2009, #33 Exhibit 55 - BB Meatingplace Email 2008-09, #34 Exhibit 56 - Meatingplace Home Page on Web, #35 Exhibit 57 - DOL Website Chao v. Perdue 2002, #36 Exhibit 58 - Trotter v. Perdue ERISA 2002, #37 Exhibit 59 - Unpublished Cases (Part 1), #38 Exhibit 59 - Unpublished Cases (Part 2), #39 Exhibit 59 - Unpublished Cases (Part 3), #40 Exhibit 94 - Tyson MDTn Case, #41 Exhibit 97 - Alvarez Decision, #42 Exhibit 168 - Letter Munger to Judge Daniel 12-2-2009, #43 Exhibit 170 - Email BB to Willis 9-22-2009, #44 Exhibit 275 - Email Magnus to Dunn 7-23-2010, #45 Exhibit 316 - FTMR'S re breaks) (Willis, Robert) |
| Filing 520 Memorandum in Opposition re #458 MOTION Exclude Plaintiffs' "Rebuttal" Expert filed by Liliana Martinez-Hernandez. (Attachments: #1 Affidavit Declaration of Matthew Dunn, #2 Exhibit A Review of Report, #3 Exhibit B Francis G.Giesbrecht Curriculum Vitae, #4 Exhibit D portions of Jeffrey E. Fernandez depo) (Getman, Dan) |
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Filing 519
Notice of Filing Provisionally Sealed Material #518 PROPOSED SEALED Exhibit C: Addendum Prepared for Jackson Lewis LLP prepared by Jeffrey E. Fernandez by Liliana Martinez-Hernandez. (Attachments: #1 Text of Proposed Order) (Getman, Dan) Modified on 1/20/2011 to correct docket text to reflect properly as Ordered by Judge Daniel 1/20/2011. (Heath, D.).
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| Filing 518 PROPOSED SEALED Exhibit by Plaintiff Liliana Martinez-Hernandez. (Getman, Dan) |
| MOTIONS REFERRED: #519 MOTION to Seal #518 PROPOSED SEALED Exhibit C: Addendum Prepared for Jackson Lewis LLP prepared by Jeffrey E. Fernandezforwarded to Judge Daniel for consideration. Motions referred to David W. Daniel. (Heath, D.) |
| MOTIONS REFERRED: #517 Joint MOTION TO EXCEED THE SUMMARY JUDGMENT BRIEFING PAGE LIMIT re #474 Memorandum in Support #477 Memorandum in Support forwarded to Judge Daniel for consideration. Motions referred to David W. Daniel. (Heath, D.) |
| Filing 517 Joint MOTION TO EXCEED THE SUMMARY JUDGMENT BRIEFING PAGE LIMIT re #474 Memorandum in Support, #477 Memorandum in Support, by Ulda Aponte, Liliana Martinez-Hernandez. (Attachments: #1 Text of Proposed Order) (Willis, Robert) |
| Filing 516 RESPONSE re #510 Document, #513 Memorandum in Support, #511 Notice-(other), #514 Declaration filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Magnus, Eric) |
| Filing 515 CERTIFICATE OF SERVICE by Chuck Eppinette re #513 Memorandum in Support, #514 Declaration (Atkinson, J.) |
| Filing 514 Declaration re #513 Memorandum in Support by Chuck Eppinette. (Atkinson, J.) |
| Filing 513 Memorandum in Support filed by Chuck Eppinette. (Atkinson, J.) |
| Filing 509 RESPONSE in Opposition re #499 MOTION for Protective Order MOTION to Quash NON-PARTY DEPOSITION SUBPOENAS DUCES TECUM filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit 1--July 16, 2010 email from Patrick Davis to Plaintiffs' counsel, #2 Exhibit 2--July 30, 2010 email from Robert Willis to Butterball's counsel, #3 Exhibit 3--Plaintiffs' Notice of Inspection to Defendant, #4 Exhibit 4--September 21, 2010 email from Eric Magnus to Plaintiffs' counsel, #5 Exhibit 5--Plaintiffs' Amended Response to Defendant Butterball, LLC's Third Interrogatories to Ulda Aponte and Liliana Martinez-Hernandez, #6 Exhibit 6--September 22, 2010 email from Robert Willis to Butterball's counsel, #7 Exhibit 7--November 10, 2010 email from Eric Magnus to Plaintiffs' counsel, #8 Exhibit 8--Videographer Subpoenas, #9 Exhibit 9 Part 1--Unpublished Decisions, #10 Exhibit 9 Part 2--Unpublished Decisions) (Magnus, Eric) |
| Filing 512 CERTIFICATE OF SERVICE by Jonathan Cunningham, Chuck Eppinette, Richard Ward re #510 Document, #511 Notice. (Grady, B.) |
| Filing 511 NOTICE Joining Plaintiffs' Motion for Protective Order and to Quash Non-party Deposition Subpoenas Duces Tecum by Jonathan Cunningham, Chuck Eppinette, Richard Ward. (Grady, B.) |
| Filing 510 Document: Objection Pursuant to Rule 45 to the Defendant's Subpoena for the Production of Documents by Objectors Jonathan Cunningham, Chuck Eppinette, Richard Ward. (Grady, B.) |
| Filing 508 REPLY to Response to Motion re #466 MOTION to Bifurcate OF TRIAL INTO LIABILITY AND DAMAGES AND LIQUIDATED DAMAGES PHASES filed by Ulda Aponte, Liliana Martinez-Hernandez. (Attachments: #1 Supplement Alford v. Martin & Gass, Inc.) (Willis, Robert) |
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Filing 507
ORDER - This matter is before the Court sua sponte on the pro se objections to defendant's subpoena for the production of documents [DE-503] and pro se notice joining Plaintiffs' motion for a protective order and to quash non-party deposition subpoenas [DE-504]. These documents were filed electronically by Plaintiffs' counsel on December 20, 1010. They do not contain original signatures of the pro se non-parties, but rather "/s/" followed by a typed name. Pursuant to the Court's policies and procedures for electronic filing, a non-attorney signature must be in the original. See Electronic Case Filing Administrative Policies and Procedures Manual J(3) (Rev. Jan. 25, 2010). Additionally, pro se filings are to be made in paper originals through the clerk's office. See id. at R(l). Accordingly, the pro se objections to Defendant's subpoena for the production of documents [DE-503] and pro se notice joining Plaintiffs' motion for a protective order and to quash non-party deposition subpoenas [DE-504] shall be STRICKEN from the record. Signed by US Magistrate Judge David W. Daniel on 12/23/2010. (Heath, D.)
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Filing 506
ORDER granting #463 Motion to Seal Exhibit C to defendant's motion for decertification. Signed by US Magistrate Judge David W. Daniel on 12/23/2010. (Heath, D.)
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Filing 505
ORDER denying #471 Motion to Seal; denying #484 Motion to Seal; denying #486 Motion to Seal. Plaintiffs' motions are DENIED with leave to refile a motion or notice, as appropriate, within twenty one (21) days of entry of this order. The proposed sealed documents shall remain SEALED to allow Plaintiffs time to refile. In the event no motion or notice is filed within the time allowed, the Clerk is DIRECTED to unseal the document. Signed by US Magistrate Judge David W. Daniel on 12/23/2010. (Heath, D.)
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| MOTIONS REFERRED: #452 MOTION to Seal #451 PROPOSED SEALED Exhibit forwarded to Judge Daniel for consideration. Motions referred to David W. Daniel. (Heath, D.) |
| Filing 504 **STRICKEN PER ORDER OF JUDGE DANIEL 12/23/2010** NOTICE by Jonathan Cunningham, Chuck Eppinette, Cheyney Hales, Keith Nye, Richard Ward re #499 MOTION for Protective Order MOTION to Quash NON-PARTY DEPOSITION SUBPOENAS DUCES TECUM OF PRO SE NOTICE OF JOINING PLAINTIFFS MOTION (Willis, Robert) Modified on 12/23/2010 to add language stricking document from the docket (Heath, D.). |
| Filing 503 **STRICKEN PER ORDER OF JUDGE DANIEL 12/23/2010** NOTICE by Chuck Eppinette, Richard Ward, Jonathan Cunningham, Keith Nye, Cheyney Hales OF PRO SE OBJECTIONS PURSUANT TO RULE 45 TO THE DEFENDANTS SUBPEONA FOR THE PRODUCTION OF DOCUMENTS (Willis, Robert) Modified on 12/23/2010 to add language striking document. (Heath, D.). |
| Filing 502 MOTIONS REFERRED: #499 MOTION for Protective Order MOTION to Quash NON-PARTY DEPOSITION SUBPOENAS DUCES TECUMforwarded to Judge Daniel for consideration. Motions referred to David W. Daniel. (Heath, D.) |
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Filing 501
Order Correcting Trial Date: The trial of this matter is hereby continued to Senior Judge Howard's June 14, 2011 term of court. Signed by US Magistrate Judge David W. Daniel on 12/14/2010. (Lee, L.)
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| Filing 500 Memorandum in Support re #499 MOTION for Protective Order MOTION to Quash NON-PARTY DEPOSITION SUBPOENAS DUCES TECUM filed by Ulda Aponte, Liliana Martinez-Hernandez. (Attachments: #1 Exhibit C - Order Appointment of Counsel for Indigent, #2 Exhibit D - Letter Confirming Mediaition, #3 Affidavit Sworn Declaration Robert Willis) (Willis, Robert) |
| Filing 499 MOTION for Protective Order, MOTION to Quash NON-PARTY DEPOSITION SUBPOENAS DUCES TECUM by Ulda Aponte, Liliana Martinez-Hernandez. (Attachments: #1 Exhibit A - Notices of Deposition and Subpoenas, #2 Exhibit B - Emails Between Counsels) (Willis, Robert) |
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Filing 498
ORDER granting #492 Motion for Extension of Time to File Response. Responses due by 1/14/2011 Replies due by 2/14/2011. Jury Trial continued to 6/18/2011 term. Signed by US Magistrate Judge David W. Daniel on 12/13/2010. (Heath, D.)
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| NOTICE OF CORRECTION re: portion of #498 Order setting 6/18/2011 trial date. Order to be filed outlining amended trial date. (Heath, D.) |
| Filing 497 RESPONSE in Opposition re #465 MOTION for Leave to File TO FILE A COMPACT DISC CONTAINING A BRIEF VIDEO SEGMENT filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Magnus, Eric) |
| Filing 496 RESPONSE in Opposition re #466 MOTION to Bifurcate OF TRIAL INTO LIABILITY AND DAMAGES AND LIQUIDATED DAMAGES PHASES filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A1--Unpublished Decisions, #2 Exhibit A2--Unpublished Decisions, #3 Exhibit A3--Unpublished Decisions, #4 Exhibit B--Plaintiffs' Motion to Bifurcate (Helmert), #5 Exhibit C--Final Scheduling Order (Helmert)) (Magnus, Eric) |
| Filing 495 Memorandum in Opposition re #492 Amended MOTION for Extension of Time to File Response/Reply as to Notice of Deficiency, filed by Ulda Aponte, Liliana Martinez-Hernandez. (Attachments: #1 Exhibit A - Notices of Deposition and Subpoenas, #2 Exhibit B - Emails to Defendants from Plaintiffs) (Willis, Robert) |
| Filing 494 NOTICE by Ulda Aponte, Liliana Martinez-Hernandez re #477 Memorandum in Support, OF FILING CORRECTED EXHIBIT 5 (Willis, Robert) |
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Filing 493
ORDER - This matter is before the Court sua sponte to shorten Plaintiffs' response time to Defendant's motion for extension of time [DE-491]. Plaintiffs response to Defendant's motion is presently due after the December 17 deadline Defendant seeks to extend. Defendant indicated in its motion that Plaintiffs oppose the motion based on a desire to preserve the trial date. Accordingly, in the interest of efficiency and based on the lack of complexity of the issue before the Court, Plaintiff is ORDERED to file any response to Defendant's motion to extend time no later than December 9, 2010. No reply shall be allowed. Signed by US Magistrate Judge David W. Daniel on 12/6/2010. (Heath, D.)
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| Filing 492 Amended MOTION for Extension of Time to File Response/Reply as to Notice of Deficiency, by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A--November 24, 2010 email from Eric Magnus to Plaintiffs' Counsel, #2 Exhibit B--November 24, 2010 email from Robert Willis to Defense Counsel, #3 Text of Proposed Order) (Magnus, Eric) |
| MOTIONS REFERRED: #486 MOTION to Seal #485 PROPOSED SEALED Exhibit #484 MOTION to Seal #483 PROPOSED SEALED Exhibit #471 MOTION to Seal #470 PROPOSED SEALED Exhibit #463 MOTION to Seal #462 PROPOSED SEALED Document Exhibit 3 to Defendant's Motion for Decertification forwarded to Judge Daniel for consideration. Motions referred to David W. Daniel. (Heath, D.) |
| NOTICE OF DEFICIENCY re: #491 Motion for Extension of Time to File Response. Incorrect Local Counsel referenced on the motion. Mr. Derrick is no longer counsel in this case. See DE #434. Counsel is instructed to refile the motion as soon as possible and include the substituted local counsel. (Heath, D.) |
| Filing 491 MOTION for Extension of Time to File Response/Reply as to #436 Order on Motion for Extension of Time to File, MOTION for Extension of Time for Trial Date by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A--Email from Eric Magnus to Plaintiffs' counsel, #2 Exhibit B--Email from Robert Willis to Defense Counsel, #3 Text of Proposed Order) (Magnus, Eric) |
| Filing 490 NOTICE by Ulda Aponte, Liliana Martinez-Hernandez re #479 Notice-(other), Notice-(other), Notice-(other), Notice-(other), #475 Memorandum in Support OF FILING CORRECTED EXHIBIT 162 (Attachments: #1 Exhibit 162 - Excerpts of Deposition of Karen Ingram 3-25-2008) (Willis, Robert) |
| Filing 489 NOTICE by Ulda Aponte, Liliana Martinez-Hernandez re #477 Memorandum in Support, OF FILING EXHIBITS 58-78 AND DECLARATION OF MATTHEW DUNN (Attachments: #1 Exhibit 58 - portions of Carolyn Leonards deposition, #2 Exhibit 59 - portions of Lacy Moore, Jr.s, deposition, #3 Exhibit 60 - portions of Minerva Rodriguez-Santiagos deposition, #4 Exhibit 61 - portions of Jeannie Suggs-Myers deposition, #5 Exhibit 62 - portions of Bessie Thompsons deposition, #6 Exhibit 63 - portions of Hugo Vega Castros deposition, #7 Exhibit 64 - portions of Clementine Wells deposition, #8 Exhibit 65 - portions of Annie Williams deposition, #9 Exhibit 66 - portions of Antonio Williams deposition, #10 Exhibit 67 - portions of Jacqueline Wilsons deposition, #11 Exhibit 68 - portions of Julia Zambranos deposition, #12 Exhibit 69 - portions of Yolanda Salinas deposition, #13 Exhibit 70 - portions of Sayda Suyapa Swinsons deposition, #14 Exhibit 71 - portions of Irene Armwoods deposition, #15 Exhibit 72 - portions of Reynaldo Sarmiento, Jr.s, deposition, #16 Exhibit 73 - portions of a Butterballs 30(b)(6) deposition 12-15-2009, #17 Exhibit 74 - portions of Dr. Fernandezs deposition, #18 Exhibit 75 - US DOL Wage & Hour Memo No. 2006-2, #19 Exhibit 76 - portions of John Lerchs deposition, #20 Exhibit 77 - Smithfield Foods website, #21 Exhibit 78 - unpublished cases, #22 Affidavit Declaration of Matthew Dunn) (Willis, Robert) |
| Filing 488 NOTICE by Ulda Aponte, Liliana Martinez-Hernandez re #477 Memorandum in Support, OF FILING EXHIBITS 31, 35-37, 40-56 (Attachments: #1 Exhibit 31 - portions of Gary Lenaghans deposition 7-26-2010, #2 Exhibit 35 - Butterball Presentation Blood Borne Pathogens, #3 Exhibit 36 - portions of Omar Dejesus deposition, #4 Exhibit 37 - portions of Curtis Sills deposition, #5 Exhibit 40 - portions of Darian Boneys deposition, #6 Exhibit 41 - portions of Krystal Butlers deposition, #7 Exhibit 42 - portions of Luis Camano Canongos deposition, #8 Exhibit 43 - portions of Kirby Chestnuts deposition, #9 Exhibit 44 - portions of Janet Cummings deposition, #10 Exhibit 45 - portions of Barbara Gibbs deposition, #11 Exhibit 46 - portions of Rico Hills deposition, #12 Exhibit 47 - portions of Mary Hodges deposition, #13 Exhibit 48 - portions of Pamela Houstons deposition, #14 Exhibit 49 - portions of James McCoys deposition, #15 Exhibit 50 - portions of Janie Batts-Miller deposition, #16 Exhibit 51 - portions of Erica Morris deposition, #17 Exhibit 52 - portions of Rudolph Peacocks deposition, #18 Exhibit 53 - portions of Bernita Cobbs deposition, #19 Exhibit 54 - portions of Diane Grahams deposition, #20 Exhibit 55 - portions of Eroita Hernandez-Flores deposition, #21 Exhibit 56 - portions of Benny James deposition) (Willis, Robert) |
| Filing 487 NOTICE by Ulda Aponte, Liliana Martinez-Hernandez re #477 Memorandum in Support, OF FILING EXHIBITS 1, 2, 4-11, 13, 16-21, 24, 27- 30 (Attachments: #1 Exhibit 1 - Butterball webpage, #2 Exhibit 2 - Butterball webpage, #3 Exhibit 4 - portions of XX Sanderson Deposition, #4 Exhibit 5 - Expert report Dr. Fernandez, #5 Exhibit 6 - portions of Ulda Apontes deposition, #6 Exhibit 7 - portions of Liliana Martinezs deposition, #7 Exhibit 8 - portions of Julius Barnes Deposition, #8 Exhibit 9 - portions of Patricia Brinsons deposition, #9 Exhibit 10 - portions of Butterballs 30(b)(6) deposition 3-25-2008, #10 Exhibit 11 - portions of Karen Ingrams deposition, #11 Exhibit 13 - portions of Ulda Apontes punch detail, #12 Exhibit 16 - Ulda Aponte Second Declaration, #13 Exhibit 17 - portions of Butterballs 30(b)(6) deposition 1-13-2010, #14 Exhibit 18 - portions of Barbara Gibbs deposition, #15 Exhibit 19 - portions of Rico Hills deposition, #16 Exhibit 20 - portions of Sabrina Gradys deposition, #17 Exhibit 21 - portions of Donnell Joyners deposition, #18 Exhibit 24 - portions of Butterballs 30(b)(6) deposition 1-14-2010, #19 Exhibit 27 - web page from CDC, #20 Exhibit 28 - portions of Sandra Brinsons deposition, #21 Exhibit 29 - portions of Steve Swans deposition, #22 Exhibit 30 - portions of Mitchell Moores deposition) (Willis, Robert) |
| NOTICE OF DEFICIENCY re: #482 Notice-(other), #480 Notice-(other), #481 Notice-(other) - Counsel failed to describe exhibits. Pursuant to Section L (2)(b) on page 18 of Policy Manual, "Attachments and exhibits must be identified with a clear and complete description of the document. (e.g., Exhibit 1 is insufficient. Affidavit of Jane Doe would meet the requirement)." Counsel must refile pleading with full description of each attachment. (Jenkins, C.) |
| Filing 486 MOTION to Seal #485 PROPOSED SEALED Exhibit,, by Ulda Aponte, Liliana Martinez-Hernandez. (Attachments: #1 Text of Proposed Order) (Willis, Robert) |
| Filing 485 PROPOSED SEALED Exhibit by Plaintiffs Ulda Aponte, Liliana Martinez-Hernandez re #477 Memorandum in Support. (Attachments: #1 Exhibit 3 - employee handbook, #2 Exhibit 12 - Notice, #3 Exhibit 14 - daily pay rules, #4 Exhibit 15 - document What does HACCP, GMPs, SSOPs, and SPSs stand for?, #5 Exhibit 22 - list of PPE, #6 Exhibit 23 - list of PPE workers required to wear, #7 Exhibit 26 - document Good Manufacturing Practices, #8 Exhibit 32 - portion of Orientation Slideshow, #9 Exhibit 33 - PPE Procedure for Footwear, #10 Exhibit 34 - Bump Cap and Hard Cap Procedure, #11 Exhibit 38 - PPE policy on Hand Protection, #12 Exhibit 39 - PPE policy on Eye Protection) (Willis, Robert) |
| Filing 484 MOTION to Seal #483 PROPOSED SEALED Exhibit, by Ulda Aponte, Liliana Martinez-Hernandez. (Attachments: #1 Text of Proposed Order) (Willis, Robert) |
| Filing 483 PROPOSED SEALED Exhibit by Plaintiffs Ulda Aponte, Liliana Martinez-Hernandez re #475 Memorandum in Support. (Attachments: #1 Exhibit 28 Part 1 - Expert Report of Dr. Jeffrey E. Fernandez, #2 Exhibit 28 Part 2 - Expert Report of Dr. Jeffrey E. Fernandez, #3 Exhibit 28 Part 3 - Expert Report of Dr. Jeffrey E. Fernandez, #4 Exhibit 28 Part 4 - Expert Report of Dr. Jeffrey E. Fernandez, #5 Exhibit 28 Part 5 - Expert Report of Dr. Jeffrey E. Fernandez, #6 Exhibit 49 - Report of internal time study RAW, #7 Exhibit 50 - Report of internal time study RTE, #8 Exhibit 102 - Gary Lenaghan Memorandum Recommendation) (Willis, Robert) |
| Filing 482 NOTICE by Ulda Aponte, Liliana Martinez-Hernandez re #477 Memorandum in Support, OF FILING EXHIBITS 58-78 AND DECLARATION OF MATTHEW DUNN (Attachments: #1 Exhibit 58, #2 Exhibit 59, #3 Exhibit 60, #4 Exhibit 61, #5 Exhibit 62, #6 Exhibit 63, #7 Exhibit 64, #8 Exhibit 65, #9 Exhibit 66, #10 Exhibit 67, #11 Exhibit 68, #12 Exhibit 69, #13 Exhibit 70, #14 Exhibit 71, #15 Exhibit 72, #16 Exhibit 73, #17 Exhibit 74, #18 Exhibit 75, #19 Exhibit 76, #20 Exhibit 77, #21 Exhibit 78, #22 Affidavit Declaration of Matthew Dunn) (Willis, Robert) |
| Filing 481 NOTICE by Ulda Aponte, Liliana Martinez-Hernandez re #477 Memorandum in Support, OF FILING EXHIBITS 31, 35-37, 40-56 (Attachments: #1 Exhibit 31, #2 Exhibit 35, #3 Exhibit 36, #4 Exhibit 37, #5 Exhibit 40, #6 Exhibit 41, #7 Exhibit 42, #8 Exhibit 43, #9 Exhibit 44, #10 Exhibit 45, #11 Exhibit 46, #12 Exhibit 47, #13 Exhibit 48, #14 Exhibit 49, #15 Exhibit 50, #16 Exhibit 51, #17 Exhibit 52, #18 Exhibit 53, #19 Exhibit 54, #20 Exhibit 55, #21 Exhibit 56) (Willis, Robert) |
| Filing 480 NOTICE by Ulda Aponte, Liliana Martinez-Hernandez re #477 Memorandum in Support, OF FILING EXHIBITS 1, 2, 4-11, 13, 16-21, 24, 27- 30 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10, #10 Exhibit 11, #11 Exhibit 13, #12 Exhibit 16, #13 Exhibit 17, #14 Exhibit 18, #15 Exhibit 19, #16 Exhibit 20, #17 Exhibit 21, #18 Exhibit 24, #19 Exhibit 27, #20 Exhibit 28, #21 Exhibit 29, #22 Exhibit 30) (Willis, Robert) |
| Filing 479 NOTICE by Ulda Aponte, Liliana Martinez-Hernandez re #475 Memorandum in Support OF FILING EXHIBITS 29, 47, 53, 98-101, 123, 162 AND 314 (Attachments: #1 Exhibit 29 Part 1 - Unreported Cases Cited, #2 Exhibit 29 Part 2 - Unreported Cases Cited, #3 Exhibit 47 - David R. Wyle Memo 12-7-2005, #4 Exhibit 53 - US DOL Field Operations Handbook, #5 Exhibit 98 - Jackson Lewis Memo 11-28-2005, #6 Exhibit 99 - Wimberly Lawson Memo 11-23-2005, #7 Exhibit 100 - Wimberly Lawson Memo 11-2005, #8 Exhibit 101 - Email Jerry Parker to Gary Lenaghan 1-21-2006, #9 Exhibit 123 - US DOL Opinion Letter 1-15-2001, #10 Exhibit 162 - Excerpts of Deposition of Karen Ingram 3-25-2008, #11 Exhibit 314 - Email from BB Counsel with Slideshow) (Willis, Robert) |
| Filing 478 NOTICE by Ulda Aponte, Liliana Martinez-Hernandez re #475 Memorandum in Support OF FILING EXHIBITS 1-27 (Attachments: #1 Exhibit 1 - Excerpts of Deposition of Ulda Aponte, #2 Exhibit 2 - Excerpts of Deposition of Sandra Brinson, #3 Exhibit 3 - Excerpts of Deposition of Steve Swan, #4 Exhibit 4 - US DOL Intro Page Field Operations Handbook, #5 Exhibit 5 - US DOL Opinion Letter FLSA2002-2, #6 Exhibit 6 - US DOL Wage & Hour Advisory Memo No. 2006-2, #7 Exhibit 7 - US DOL Opinion Letter FLSA2001-16, #8 Exhibit 8 - Excerpts of Deposition of Karen Ingram 1-13-2010, #9 Exhibit 9 - Excerpts of Deposition of Karen Ingram 7-28-2010, #10 Exhibit 10 - Excerpts of Deposition of Gary Lenaghan 1-14-2010, #11 Exhibit 11 - Excerpts of Deposition of Gary Lenaghan 7-28-2010, #12 Exhibit 12 - Excerpts of Deposition of Eroita Hernandez- Flores, #13 Exhibit 13 - Excerpts of Deposition of Mary Hodges, #14 Exhibit 14 - Excerpts of Deposition of Karen Ingram 7-27-2010, #15 Exhibit 15 - Excerpts of Deposition of Ed Kacsuta, #16 Exhibit 16 - Excerpts of Deposition of Gary Lenaghan 7-26-2010, #17 Exhibit 17 - Excerpts of Deposition of Liliana Martinez-Hernandez 3-28-2008, #18 Exhibit 18 - Excerpts of Deposition of Yolanda Salinas, #19 Exhibit 19 - Excerpts of Deposition of Keith Shoemake, #20 Exhibit 20 - Excerpts of Deposition of Jennie Suggs-Myers, #21 Exhibit 21 - Excerpts of Deposition of Bessie Thompson, #22 Exhibit 22 - Excerpts of Deposition of Laura Toledano, #23 Exhibit 23 - Excerpts of Deposition of Antonio Williams, #24 Exhibit 24 - Excerpts of Deposition of Denise Dixon, #25 Exhibit 25 - Carolina Turkeys Employee Handbook 2006, #26 Exhibit 26 - 6th Declaration Ulda Aponte, #27 Exhibit 27 - Declaration Jennie Suggs-Myers) (Willis, Robert) |
| Filing 477 Memorandum in Support re #476 MOTION for Partial Summary Judgment on Two Issues: Donning and Doffing Personal Protective Equipment Is Integral and Indispensible to Workers Primary Job Duties and Dismissing Butterballs De Minimis Defense Pre-January 2006 filed by Ulda Aponte, Liliana Martinez-Hernandez. (Attachments: #1 Index) (Willis, Robert) |
| Filing 476 MOTION for Partial Summary Judgment on Two Issues: Donning and Doffing Personal Protective Equipment Is Integral and Indispensible to Workers Primary Job Duties and Dismissing Butterballs De Minimis Defense Pre-January 2006 by Ulda Aponte, Liliana Martinez-Hernandez. (Willis, Robert) |
| Filing 475 Memorandum in Support re #473 MOTION for Partial Summary Judgment AS TO GOOD FAITH AND OTHER AFFIRMATIVE DEFENSES ALLEGED BY DEFENDANT filed by Ulda Aponte, Liliana Martinez-Hernandez. (Attachments: #1 Index) (Willis, Robert) |
| Filing 474 Memorandum in Support re #472 MOTION for Summary Judgment on De Minimis Defense MOTION for Partial Summary Judgment Dismissing All Claims For Time in Excess of "Reasonable Time" MOTION for Judgment on the Pleadings on Break Claims filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Index, #2 Exhibit A1--Unpublished Decisions, #3 Exhibit A2--Unpublished Decisions, #4 Exhibit A3--Unpublished Decisions, #5 Exhibit A4--Unpublished Decisions, #6 Exhibit A5--Unpublished Decisions, #7 Exhibit A6--Unpublished Decisions, #8 Exhibit A7--Unpublished Decisions, #9 Exhibit A8--Unpublished Decisions, #10 Exhibit A9--Unpublished Decisions, #11 Exhibit B--Excerpts of Deposition of Curtis Sill, #12 Exhibit C--Excerpts of Deposition of Minerva Rodriguez-Santiago, #13 Exhibit D--Excerpts of Deposition of Julia Zambrano, #14 Exhibit E--Excerpts of Deposition of Steve Swan, #15 Exhibit F--Excerpts of Deposition of Mark Faulhaber, #16 Exhibit G--Excerpts of Deposition of James Bannerman, #17 Exhibit H--Excerpts of Deposition of Reynaldo Sarmiento, #18 Exhibit I--Excerpts of Deposition of Rico Hill, #19 Exhibit J--Excerpts of Deposition of Caroyln Leonard, #20 Exhibit K--Excerpts of Deposition of Betty Hobson, #21 Exhibit L--Excerpts of Deposition of Irene Armwood, #22 Exhibit M--Excerpts of Deposition of Kelton Lee, #23 Exhibit N--Plaintiffs' Rule 26(a)(1)(A)(iii) Disclosure, #24 Exhibit O--Excerpts of Deposition of Kirby Chestnut, #25 Exhibit P--Excerpts of Deposition of Clementine Wells, #26 Exhibit Q--Excerpts of Deposition of Annie Williams, #27 Exhibit R--Excerpts of Deposition of Jacqueline Wilson, #28 Exhibit S--Excerpts of Deposition of Rudolph Peacock, #29 Exhibit T--Excerpts of Deposition of Patricia Brinson, #30 Exhibit U--Excerpts of Deposition of Sharon Davis, #31 Exhibit V--Excerpts of Deposition of Omar DeJesus, #32 Exhibit W--Excerpts of Deposition of Julius Barnes, #33 Exhibit X--Excerpts of Deposition of Bernita Cobb, #34 Exhibit Y--Excerpts of Deposition of Betty Bynum, #35 Exhibit Z--Excerpts of Deposition of Hugo Vega Castro, #36 Exhibit AA--Excerpts of Deposition of Sabrina Grady, #37 Exhibit BB--Excerpts of Deposition of Pamela Houston, #38 Exhibit CC--Excerpts of Deposition of Liliana Martinez-Hernandez, #39 Exhibit DD--Excerpts of Deposition of Ulda Aponte, #40 Exhibit EE--Excerpts of Deposition of Laura Toledano, #41 Exhibit FF--Excerpts of Deposition of Sayda Swinson, #42 Exhibit GG--Excerpts of Deposition of Bessie Thompson, #43 Exhibit HH--Consent Judgment, Solis v. Tyson Foods) (Magnus, Eric) |
| Filing 473 MOTION for Partial Summary Judgment AS TO GOOD FAITH AND OTHER AFFIRMATIVE DEFENSES ALLEGED BY DEFENDANT by Ulda Aponte, Liliana Martinez-Hernandez. (Willis, Robert) |
| Filing 472 MOTION for Summary Judgment on De Minimis Defense, MOTION for Partial Summary Judgment Dismissing All Claims For Time in Excess of "Reasonable Time", MOTION for Judgment on the Pleadings on Break Claims by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). Responses due by 12/17/2010 (Magnus, Eric) |
| Filing 471 MOTION to Seal #470 PROPOSED SEALED Exhibit, by Ulda Aponte, Liliana Martinez-Hernandez. (Attachments: #1 Text of Proposed Order) (Willis, Robert) |
| Filing 470 PROPOSED SEALED Exhibit by Plaintiffs Ulda Aponte, Liliana Martinez-Hernandez re #468 MOTION in Limine TO PRECLUDE THE EXPERT REPORT AND TESTIMONY OF DR. FERNANDEZ, #469 Memorandum in Support. (Attachments: #1 Exhibit A - Expert Report of Dr. Jeffrey Fernandez, #2 Exhibit F - Exhibit 102 Bates Numbers BB 11951-11967) (Willis, Robert) |
| Filing 469 Memorandum in Support re #468 MOTION in Limine TO PRECLUDE THE EXPERT REPORT AND TESTIMONY OF DR. FERNANDEZ filed by Ulda Aponte, Liliana Martinez-Hernandez. (Attachments: #1 Index, #2 Exhibit B - Excerpts of Deposition of Dr. Jeffrey Fernandez, #3 Exhibit C - Expert Report of Dr. Robert Radwin, #4 Exhibit D - Wage and Hour Advisory Memorandum May 31, 2006, #5 Exhibit E - Expert Report of Dr. Francis Giesbrecht, #6 Exhibit E1 - Curriculum Vitae of Dr. Francis Giesbrecht, #7 Exhibit H - Hosler v. Smithfield Foods, Inc., #8 Exhibit I - Hosler v. Smithfield Foods, Inc., #9 Exhibit J - Excerpts of Various Depositions, #10 Exhibit K - Excerpts of Deposition of Ronald Wells) (Willis, Robert) |
| Filing 468 MOTION in Limine TO PRECLUDE THE EXPERT REPORT AND TESTIMONY OF DR. FERNANDEZ by Ulda Aponte, Liliana Martinez-Hernandez. (Willis, Robert) |
| Filing 467 Memorandum in Support re #466 MOTION to Bifurcate OF TRIAL INTO LIABILITY AND DAMAGES AND LIQUIDATED DAMAGES PHASES filed by Ulda Aponte, Liliana Martinez-Hernandez. (Attachments: #1 Exhibit 1 - Jury Verdict Form in Tum v. Barber Foods, #2 Supplement Hyldahl v. AT&T, #3 Supplement Buentello v. Whitfield, #4 Supplement Hampton v. Barefoot, #5 Supplement Haywood v. Barnes, #6 Supplement Hernandez v. Rizing-Sons Masonry) (Willis, Robert) |
| Filing 466 MOTION to Bifurcate OF TRIAL INTO LIABILITY AND DAMAGES AND LIQUIDATED DAMAGES PHASES by Ulda Aponte, Liliana Martinez-Hernandez. (Willis, Robert) |
| Filing 465 MOTION for Leave TO FILE A COMPACT DISC CONTAINING A BRIEF VIDEO SEGMENT by Ulda Aponte, Liliana Martinez-Hernandez. (Attachments: #1 Text of Proposed Order) (Willis, Robert) NOTE: Hard Copy of CD placed in file room for safe keeping by Clerk's Office. |
| Filing 464 Memorandum in Support re #463 MOTION to Seal #462 PROPOSED SEALED Document Exhibit C to Defendant's Motion for Decertification MOTION to Seal #462 PROPOSED SEALED Document Exhibit C to Defendant's Motion for Decertification filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Text of Proposed Order) (Davis, Melissa) Modified on 11/19/2010 to correct exhibit to reflect "Exhibit C" per request of Allison at(Jackson Lewis)(Heath, D.). |
| Filing 463 MOTION to Seal #462 PROPOSED SEALED Document Exhibit C to Defendant's Motion for Decertification by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Davis, Melissa) Modified on 11/19/2010 to correct the exhibit to reflect "Exhibit C" in docket text window per Allison's (Jackson Lewis) request(Heath, D.). |
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Filing 462
SEALED Document: Exhibit C re #461 Memorandum in Support, by Defendant Butterball, LLC. (Davis, Melissa) Modified on 12/23/2010 to remove the word "Proposed" to show this document as sealed per the order entered by Judge Daniel 12/23/2010 (Heath, D.).
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| Filing 461 Memorandum in Support re #460 MOTION Decertification of FLSA and NCWHA Collective and Class Claims filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Index, #2 Exhibit A--Excerpts of Deposition of Ulda Aponte, #3 Exhibit B--Excerpts of Deposition of Liliana Martinez-Hernandez, #4 Exhibit C--PPE Chart (Filed Under Seal), #5 Exhibit D--Excerpts of Deposition of Betty Hobson, #6 Exhibit E--Excerpts of Deposition of Barbara Gibbs, #7 Exhibit F--Excerpts of Deposition of Orlando Acosta, #8 Exhibit G--Excerpts of Deposition of Julia Zambrano, #9 Exhibit H--Excerpts of Deposition of Rudolph Peacock, #10 Exhibit I--Excerpts of Deposition of Pamela Houston, #11 Exhibit J--Excerpts of Deposition of John Lerch, #12 Exhibit K--Excerpts of Deposition of Diane Graham, #13 Exhibit L--Excerpts of Deposition of Reynaldo Sarmiento, #14 Exhibit M--Excerpts of Deposition of Darien Boney, #15 Exhibit N--Excerpts of Deposition of Janie Batts-Miller, #16 Exhibit O--Excerpts of Deposition of Bernice Cobb, #17 Exhibit P--Excerpts of Deposition of Krysal Butler, #18 Exhibit Q--Excerpts of Deposition of Patricia Brinson, #19 Exhibit R--Excerpts of Deposition of Luis Camano Canongo, #20 Exhibit S--Excerpts of Deposition of Janet Cummings, #21 Exhibit T--Excerpts of Deposition of Gloria Mitchell, #22 Exhibit U--Excerpts of Deposition of Benny James, #23 Exhibit V--Excerpts of Deposition of Kelton Lee, #24 Exhibit W--Excerpts of Deposition of James McCoy, #25 Exhibit X--Excerpts of Deposition of Erica Morris, #26 Exhibit Y--Excerpts of Deposition of Catherine Pickett, #27 Exhibit Z--Excerpts of Deposition of Yolanda Salinas, #28 Exhibit AA--Excerpts of Deposition of Julius Barnes, #29 Exhibit BB--Excerpts of Deposition of Betty Bynum, #30 Exhibit CC--Excerpts of Deposition of Shirley Martinez, #31 Exhibit DD--Excerpts of Deposition of Donnell Joyner, #32 Exhibit EE--Excerpts of Deposition of Carolyn Leonard, #33 Exhibit FF--Excerpts of Deposition of Shamika Morrisey, #34 Exhibit GG--Excerpts of Deposition of Mary Hodges, #35 Exhibit HH--Excerpts of Deposition of Steve Swan, #36 Exhibit II--Excerpts of Deposition of Curtis Sill, #37 Exhibit JJ--Excerpts of Deposition of Sharon Davis, #38 Exhibit KK--Excerpts of Deposition of Lacy Moore, #39 Exhibit LL--Excerpts of Deposition of Laura Toledano, #40 Exhibit MM--Excerpts of Deposition of Antonio Williams, #41 Exhibit NN--Excerpts of Deposition of Rico Hill, #42 Exhibit OO--Excerpts of Deposition of Kirby Chestnut, #43 Exhibit PP--Excerpts of Deposition of Minerva Rodriguez-Santiago, #44 Exhibit QQ--Excerpts of Deposition of Hugo Vega-Castro, #45 Exhibit RR--Excerpts of Deposition of Eroita Hernandez-Flores, #46 Exhibit SS--Excerpts of Deposition of Sabrina Grady, #47 Exhibit TT--Excerpts of Deposition of Omar DeJesus, #48 Exhibit UU1--Unpublished Decisions, #49 Exhibit UU2--Unpublished Decisions) (Magnus, Eric) |
| Filing 460 MOTION Decertification of FLSA and NCWHA Collective and Class Claims by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Magnus, Eric) |
| Filing 459 Memorandum in Support re #458 MOTION Exclude Plaintiffs' "Rebuttal" Expert filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Index, #2 Exhibit A--Excerpts of Deposition of Jeffrey Fernandez, #3 Exhibit B1--Deposition of Francis Giesbrecht, #4 Exhibit B2--Deposition of Francis Giesbrecht, #5 Exhibit B3--Deposition of Francis Giesbrecht, #6 Exhibit B4--Deposition of Francis Giesbrecht, #7 Exhibit C1--Unpublished Decisions, #8 Exhibit C2--Unpublished Decisions, #9 Exhibit C3--Unpublished Decisions, #10 Exhibit C4--Unpublished Decisions, #11 Exhibit D--United States Department of Labor Field Operations Handbook Section 31b01a) (Magnus, Eric) |
| Filing 458 MOTION Exclude Plaintiffs' "Rebuttal" Expert by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Magnus, Eric) |
| Filing 457 Memorandum in Support re #456 MOTION for Partial Summary Judgment On Good Faith Defenses To Liquidated Damages filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Index, #2 Exhibit A--Excerpts from Deposition of Keith Shoemaker, #3 Exhibit B--Excerpts of Deposition of Ed Kascuta, #4 Exhibit C--Excerpts of Deposition of Dan Blackshear, #5 Exhibit D--Excerpts of Deposition of Walter Pelletier, #6 Exhibit E--Excerpts from Deposition of Barbara Gibbs, #7 Exhibit F1--Unpublished Decisions, #8 Exhibit F2--Unpublished Decisions, #9 Exhibit F3--Unpublished Decisions, #10 Exhibit F4--Unpublished Decisions, #11 Exhibit F5--Unpublished Decisions, #12 Exhibit F6--Unpublished Decisions, #13 Exhibit G--Declaration of Gary Lenaghan (Helmert et al v. Butterball, LLC), #14 Exhibit H--Excerpts of Deposition of Laura Toledano, #15 Exhibit I--Excerpts of Deposition of Hugo Vega Castro, #16 Exhibit J--Excerpts of Deposition of Julia Zambrano) (Magnus, Eric) |
| Filing 456 MOTION for Partial Summary Judgment On Good Faith Defenses To Liquidated Damages by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). Responses due by 12/17/2010 (Magnus, Eric) |
| NOTICE OF CORRECTION re: #464 Memorandum in Support and #463 Motion to Seal. Counsel inadvertently refereced "Exhibit 3" in the text window of the docket entries. Clerk's Office corrected the text to reflect "Exhibit C". (Heath, D.) |
| Filing 455 Memorandum in Support re #454 MOTION for Partial Summary Judgment Dismissing All Claims Outside the Two-Year Statute of Limitations filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Index of Evidence in Support of Motion for Partial Summary Judgment Dismissing All Claims Outside The Two-Year Statute of Limitations, #2 Exhibit A1--July 26, 2010 Deposition of Gary Lenaghan, #3 Exhibit A2--July 26, 2010 Deposition of Gary Lenaghan, #4 Exhibit A3--July 26, 2010 Deposition of Gary Lenaghan, #5 Exhibit B--July 28, 2010 Deposition of Gary Lenaghan, #6 Exhibit C--Excerpts of Deposition of Keith Shoemaker, #7 Exhibit D--Email from David Wylie to poultry industry, #8 Exhibit E--Email from George Watts to Dan Blackshear, #9 Exhibit F--Email from Dan Blackshear to Ed Kascuta, #10 Exhibit G1--January 14, 2010 Deposition of Gary Lenaghan, #11 Exhibit G2--January 14, 2010 Deposition of Gary Lenaghan, #12 Exhibit G3--January 14, 2010 Deposition of Gary Lenaghan, #13 Exhibit H1--January 13, 2010 Deposition of Karen Ingram, #14 Exhibit H2--January 13, 2010 Deposition of Karen Ingram, #15 Exhibit H3--January 13, 2010 Deposition of Karen Ingram, #16 Exhibit I--Filed Under Seal, #17 Exhibit J1--July 28, 2010 Deposition of Karen Ingram, #18 Exhibit J2--July 28, 2010 Deposition of Karen Ingram, #19 Exhibit K1--July 27, 2010 Deposition of Karen Ingram, #20 Exhibit K2--July 27, 2010 Deposition of Karen Ingram, #21 Exhibit K3--July 27, 2010 Deposition of Karen Ingram, #22 Exhibit L--Filed Under Seal, #23 Exhibit M--Excerpts of Deposition of Dan Blackshear, #24 Exhibit N--Email from George Watts to Gary Lenaghan, #25 Exhibit O--Email from George Watts to Dan Blackshear, #26 Exhibit P--Email from George Watts to Dan Blackshear, #27 Exhibit Q--Wimberly Lawson Alert, #28 Exhibit R--Email from Jerry Parker to Dan Blackshear, #29 Exhibit S--Filed Under Seal, #30 Exhibit T--Excerpts of Deposition of Walter Pelletier, #31 Exhibit U1--March 25, 2008 Deposition of Karen Ingram, #32 Exhibit U2--March 25, 2008 Deposition of Karen Ingram, #33 Exhibit U3--March 25, 2008 Deposition of Karen Ingram, #34 Exhibit V--Excerpts of Deposition of Curtis Sill, #35 Exhibit W--Filed Under Seal, #36 Exhibit X--Email from Christy Marr to Gary Lenaghan, #37 Exhibit Y--Email from Christy Marr to Gary Lenaghan, #38 Exhibit Z--Wimberly Lawson Alert, #39 Exhibit AA--Letter from Kenneth Peterson to Livestock Manager, #40 Exhibit BB--Email from Andrew Bailey to Tammi Smith, #41 Exhibit CC--Email from Steve Pretanik to Gary Lenaghan, #42 Exhibit DD--Email from Christy Marr to Gary Lenaghan, #43 Exhibit EE--Filed Under Seal, #44 Exhibit FF--Filed Under Seal, #45 Exhibit GG1--Unpublished Decisions, #46 Exhibit GG2--Unpublished Decisions, #47 Exhibit HH--Declaration of John Lerch, #48 Exhibit II--Excerpts of Deposition of Barbara Gibbs, #49 Exhibit JJ--Excerpts of Deposition of Lacy Moore, #50 Exhibit KK--Excerpts of Deposition of Krystal Butler, #51 Exhibit LL--Filed Under Seal, #52 Exhibit MM--Excerpts of Deposition of Steve Swan, #53 Exhibit NN--Excerpts of Deposition of Mark Faulhaber, #54 Exhibit OO--Excerpts of Deposition of Omar DeJesus, #55 Exhibit PP--Excerpts of Deposition of Reynaldo Sarmiento, #56 Exhibit QQ--Excerpts of Deposition of Irene Armwood, #57 Exhibit RR--Excerpts of Deposition of Rudolph Peacock, #58 Exhibit SS--Excerpts of Deposition of Hugo Vega Castro, #59 Exhibit TT--Excerpts of Deposition of Kelton Lee, #60 Exhibit UU--Excerpts of Deposition of Minerva Rodrigeuz-Santiago, #61 Exhibit VV--Hugo Vega Castro break log, #62 Exhibit WW--Excerpts of Deposition of Ed Kascuta, #63 Exhibit XX--Declaration of Gary Lenaghan) (Magnus, Eric) |
| Filing 454 MOTION for Partial Summary Judgment Dismissing All Claims Outside the Two-Year Statute of Limitations by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). Responses due by 12/17/2010 (Magnus, Eric) |
| Filing 453 Memorandum in Support re #452 MOTION to Seal #451 PROPOSED SEALED Exhibit,, filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Text of Proposed Order) (Davis, Melissa) |
| Filing 452 MOTION to Seal #451 PROPOSED SEALED Exhibit, by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Davis, Melissa) |
| Filing 451 SEALED Exhibit re [DE #454] by Defendant Butterball, LLC. (Attachments: #1 Exhibit I - Memo from Parker to Ingram, #2 Exhibit L - memo from Ingram to Lenaghan, #3 Exhibit S - Memo from Lenaghan to Blackshear, #4 Exhibit W (Part 1) - Confidential Portions of Expert Report, #5 Exhibit W (Part 2) - Confidential Portions of Expert Report, #6 Exhibit W (Part 3) - Confidential Portions of Expert Report, #7 Exhibit W (Part 4) - Confidential Portions of Expert Report, #8 Exhibit W - Addendum to Expert Report, #9 Exhibit EE - Documents relating to U.S. DOL investigation, #10 Exhibit FF - Letters from Miller to U.S. DOL, #11 Exhibit LL - Focus Team Meeting Agenda) (Davis, Melissa) Modified on 1/20/2011 to adjust language to reflect this entry as sealed per Order of Judge Daniel entered 1/20/2011. (Heath, D.). |
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Filing 450
ORDER granting #449 Motion to File Multiple Motions for Summary Judgment and to exceed page limit. Signed by US Magistrate Judge David W. Daniel on 11/18/2010. (Heath, D.)
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| Filing 449 Consent MOTION TO FILE MULTIPLE SUMMARY JUDGMENT MOTIONS AND EXCEED THE PAGE LIMIT by Ulda Aponte, Liliana Martinez-Hernandez. (Attachments: #1 Text of Proposed Order) (Willis, Robert) |
| MOTIONS REFERRED: #449 Joint MOTION TO FILE MULTIPLE SUMMARY JUDGMENT MOTIONS AND EXCEED THE PAGE LIMIT forwarded to Judge Daniel for consideration. Motions referred to David W. Daniel. (Heath, D.) |
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Filing 448
ORDER granting #440 Motion for Leave to File multiple summary judgment motions and to exceed page limit. Signed by US Magistrate Judge David W. Daniel on 11/15/2010. (Heath, D.)
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| Filing 447 NOTICE by Ulda Aponte, Liliana Martinez-Hernandez re #445 Memorandum in Opposition, #440 MOTION for Leave to File or Motion for Clarification to File Multiple, Non-Overlapping Motions for Summary Judgment and to Exceed Page Limit OF FILING SUPPLEMENTAL EXHIBITS (Attachments: #1 Exhibit 1 - Plaintiffs' Email 11-12-2010, #2 Exhibit 2 - Plaintiffs' Email 11-14-2010) (Willis, Robert) |
| Minute Entry for telephonic proceedings held before US Magistrate Judge David W. Daniel: Motion Hearing held telephonically on 11/15/2010 re #440 MOTION for Leave to File or Motion for Clarification to File Multiple, Non-Overlapping Motions for Summary Judgment and to Exceed Page Limit filed by Butterball, LLC. Counsel present for the plaintiff - Robert Willis. Counsel present for the defendant: Steve Munger and Eric Magnum. Written order to follow. Total Hearing Time: 25 minutes (1:40 p.m. - 2:05 p.m.) (Court Reporter FTR Gold.) (Heath, D.) |
| Filing 446 REPLY to Response to Motion re #440 MOTION for Leave to File or Motion for Clarification to File Multiple, Non-Overlapping Motions for Summary Judgment and to Exceed Page Limit filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A--November 12, 2010 email, #2 Exhibit B--November 5, 2010 email, #3 Exhibit C--Unpublished Decisions, #4 Exhibit D--Good Faith email exchange) (Magnus, Eric) |
| MOTIONS REFERRED: #440 MOTION for Leave to File or Motion for Clarification to File Multiple, Non-Overlapping Motions for Summary Judgment and to Exceed Page Limit. Motions referred to David W. Daniel in light of conference call scheduled with counsel on Monday, November 15, 2010 @ 1:30 pm. (Lee, L.) |
| Filing 445 Memorandum in Opposition re #440 MOTION for Leave to File or Motion for Clarification to File Multiple, Non-Overlapping Motions for Summary Judgment and to Exceed Page Limit filed by Ulda Aponte, Liliana Martinez-Hernandez. (Willis, Robert) |
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Filing 444
ORDER denying #392 Motion to Compel; denying #394 Motion for Reconsideration ; granting #398 Motion to Stay and denying #407 Motion to Compel. See Order for details. Signed by US Magistrate Judge David W. Daniel on 11/9/2010. (Heath, D.)
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| Filing 443 NOTICE by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.) re #438 Response in Opposition to Motion, of Clarification (Magnus, Eric) |
| Filing 442 Memorandum in Support re #441 Amended MOTION to Seal #341 PROPOSED SEALED Document Exhibit H to Defendant's Memorandum in Support of Motion to Quash Deposition Notices of Non-Butterball Deponents and for Issuance of Protective OrderAmended MOTION to Seal #341 PROPOSED SEALED Document Exhibit H to Defendant's Memorandum in Support of Motion to Quash Deposition Notices of Non-Butterball Deponents and for Issuance of Protective Order filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Text of Proposed Order) (Davis, Melissa) |
| Filing 441 Amended MOTION to Seal #341 PROPOSED SEALED Document Exhibit H to Defendant's Memorandum in Support of Motion to Quash Deposition Notices of Non-Butterball Deponents and for Issuance of Protective Order by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Davis, Melissa) |
| Filing 440 MOTION for Leave to File or Motion for Clarification to File Multiple, Non-Overlapping Motions for Summary Judgment and to Exceed Page Limit by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A--Smithfield Motions, #2 Exhibit B--Smithfield Orders, #3 Text of Proposed Order) (Magnus, Eric) |
| Filing 439 NOTICE by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.) re #438 Response in Opposition to Motion, of Corrected Exhibit M (Attachments: #1 Exhibit M--Excerpts from Deposition of Steve Swan) (Magnus, Eric). |
| Filing 438 RESPONSE in Opposition re #437 MOTION re #396 Appeal of Magistrate Judge Decision to District Court, MOTION re #396 Appeal of Magistrate Judge Decision to District Court, filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A--Excerpts from Deposition of Mark Faulhaber, #2 Exhibit B--Excerpts from Deposition of James Bannerman, #3 Exhibit C--Excerpts from Deposition of Irene Armwood, #4 Exhibit D--Excerpts from Deposition of Rey Sarmiento, #5 Exhibit E--Excerpts from Deposition of Sharon Davis, #6 Exhibit F--Disciplinary Record from Mitch Moore "Stack", #7 Exhibit G--Unpublished Decisions, #8 Exhibit H--Declaration of Tammi Smith, #9 Exhibit I--Brinson Errata Sheet, #10 Exhibit J--September 30, 2010 Email from Magnus to Plaintiffs' Counsel, #11 Exhibit K--Excerpts from Deposition of Sandra Brinson, #12 Exhibit L--Excerpts from July 29, 2010 Deposition of Karen Ingram, #13 Exhibit M--Excerpts from Deposition of Steve Swan, #14 Exhibit N--Excerpts from January 31, 2010 Deposition of Karen Ingram) (Magnus, Eric). |
| NOTICE TO COUNSEL re: #438 Response in Opposition to Motion - Pursuant to section L (2)(c) of the CM/ECF Policy Manual located on the court's website, when filing a document with more than five (5) exhibits or attachments, the first attached exhibit or attachment must be an index of all subsequently attached documents. Counsel is also reminded of the correct electronic signature to be used: /s/ Judith Attorney. Note the '/s/' for future filings. No need to refile. (Jenkins, C.) |
| Motions Submitted: #437 MOTION To Supplement forwarded to Judge Howard. (Heath, D.) |
| Filing 437 MOTION To Supplement Appeal In Light Of Recently Discovered Misrepresentation By Defendant On The Existence of Critical Evidence re #396 Appeal of Magistrate Judge Decision to District Court by Ulda Aponte, Liliana Martinez-Hernandez. (Attachments: #1 Exhibit 1 - Deposition of Brinson, #2 Exhibit 8 - Willis email) (Willis, Robert). |
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Filing 436
ORDER granting #435 Motion for Extension of Time. For good cause shown, the Parties' consent motion is GRANTED. Accordingly, the Scheduling Order shall be revised as follows: (1) All dispositive motions and Daubert motions will be filed on or before November 19, 2010; (2) All responses to any such motions will be filed on or before December 17, 2010; and (3) All reply briefs to any such motions will be filed on or before January 14,2011. The trial of this matter remains scheduled for Judge Howard's civil term beginning April 18, 2011 in Greenville, North Carolina. Signed by USMJ David W. Daniel on 9/30/2010. (Heath, D.)
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| Filing 435 Consent MOTION for Extension of Time to File Potentially Dispositive Motions and Daubert Motions by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Text of Proposed Order) (Magnus, Eric) |
| MOTION REFERRED: #435 Consent MOTION for Extension of Time to File Potentially Dispositive Motions and Daubert Motions referred to Judge Daniel for consideration. Motion referred to David W. Daniel. (Heath, D.). |
| Filing 434 Notice of Substitution of Counsel by Melissa R. Davis on behalf of Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.) substituting for Paul H. Derrick (Davis, Melissa) |
| Filing 433 NOTICE of Appearance by Melissa R. Davis on behalf of Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.) (Davis, Melissa) |
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Filing 432
ORDER granting #430 Motion for Extension of Time to Complete Discovery and granting #430 Motion for Extension of Time to File. Discovery due by 9/16/2010, for the limited purposes stated in the motion. Motions due by 11/1/2010. Signed by USMJ David W. Daniel on 8/12/2010. (Heath, D.)
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Filing 431
ORDER granting #428 Motion for Extension of Time to File Response. Therefore, it is ORDERED that the time period within which the plaintiffs shall have to file any response to Butterball's Motion for Protective Order (DE# 419) is and shall be en larged to the date falling ten (10) calendar days after the date that the Court files any Order disposing of the plaintiffs' appeal under Rule 72(a) (OE-396) of the provisions of this Court's Order (OE-390) that concerned the scope of discovery with respect to electronically-stored information (ESI). Signed by USMJ David W. Daniel on 8/9/2010. (Heath, D.)
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| MOTION REFERRED: #430 Consent MOTION for Extension of Time to Complete Discovery (Limited) MOTION for Extension of Time to File Dispositive and Daubert Motions forwarded to Judge Daniel for consideration. Motions referred to David W. Daniel. (Heath, D.) |
| Filing 430 Consent MOTION for Extension of Time to Complete Discovery (Limited), MOTION for Extension of Time to File Dispositive and Daubert Motions by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Text of Proposed Order) (Magnus, Eric) |
| MOTION REFERRED: #428 Joint MOTION for Extension of Time to File Response as to #419 MOTION for Protective Order. Motion referred to David W. Daniel. (Lee, L.). |
| Filing 429 NOTICE by Ulda Aponte, Liliana Martinez-Hernandez of Filing Consent to Sue Form (Attachments: #1 Supplement Consent to Sue - Julia Zambrano, #2 Supplement Consent to Sue - Hermie Rodriguez) (Willis, Robert) |
| Filing 428 Joint MOTION for Extension of Time to File Response/Reply as to #419 MOTION for Protective Order by Ulda Aponte, Liliana Martinez-Hernandez. (Attachments: #1 Exhibit 1 - Notice of Deposition Butterball, LLC, #2 Supplement Email from J. Parker to G. Lenaghan in 11/05, #3 Text of Proposed Order) (Willis, Robert) |
| Filing 427 NOTICE of Appearance for non-district by Donald C. Lauderdale on behalf of Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.) (Lauderdale, Donald) |
| NOTICE TO COUNSEL re: #427 Notice of Appearance for Non-District Counsel - Counsel failed to specify the parties served with this notice. No corrective measure by counsel is required but parties should be individually listed on future Certificates of Service. (Grady, B.) |
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Filing 426
ORDER granting #421 Motion to Withdraw. Signed by USMJ David W. Daniel on 7/29/2010. (Heath, D.)
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Filing 425
ORDER granting #422 Motion for Extension of Time to File Response to Motion for Protective Order Response due by 8/4/2010. Signed by USMJ David W. Daniel on 7/28/2010. (Heath, D.)
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| Filing 424 Proposed Order re #421 MOTION to Withdraw Attorney Suzanne M. Alford filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Owens, L.) |
| Filing 423 Proposed Order re #421 MOTION to Withdraw Attorney Suzanne M. Alford filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Owens, L.) |
| MOTION REFERRED: #421 MOTION to Withdraw Attorney Suzanne M. Alfordforwarded to Judge Daniel for consideration. Motion referred to David W. Daniel. (Heath, D.). |
| NOTICE OF DEFICIENCY re: #423 Proposed Order. Order contains incorrect judges signature line. Order should include Magistrate Judge David W. Daniel's signature line. (Heath, D.) |
| Filing 422 Consent MOTION for Extension of Time to File Response/Reply as to #419 MOTION for Protective Order by Ulda Aponte, Liliana Martinez-Hernandez. (Attachments: #1 Text of Proposed Order) (Willis, Robert) |
| NOTICE OF DEFICIENCY re: #421 Motion to Withdraw ; Pursuant to Local Civil Rule 6.1, or the judges practice preferences on the courts website, counsel must submit a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. Additionally, the judge's practice preferences MAY require counsel to email the proposed order in a word processing format. (Heath, D.) |
| MOTIONS REFERRED: #422 Consent MOTION for Extension of Time to File Response/Reply as to #419 MOTION for Protective Order forwarded to the Clerk for consideration. Motions referred to Clerk of Court. (Heath, D.) |
| Filing 421 MOTION to Withdraw Attorney Suzanne M. Alford by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Owens, L.) |
| Filing 420 Memorandum in Support re #419 MOTION for Protective Order filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A--Objections, #2 Exhibit B--June 29, 2010 e-mail, #3 Exhibit C--June 30, 2010 e-mail, #4 Exhibit D--July 2, 2010 e-mail, #5 Exhibit E1--Unpublished Decisions, #6 Exhibit E2--Unpublished Decisions, #7 Exhibit F--Notices of Deposition) (Magnus, Eric) |
| Filing 419 MOTION for Protective Order by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Magnus, Eric) |
| MOTION REFERRED: #418 Corrected MOTION to Seal Document #341 PROPOSED SEALED Document - Exhibit H forwarded to Judge Daniel for consideration. Motion referred to David W. Daniel. (Heath, D.). |
| Filing 418 Corrected MOTION to Seal Document #341 PROPOSED SEALED Document - Exhibit H by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Text of Proposed Order) (Derrick, Paul) |
| Filing 417 NOTICE by Ulda Aponte, Liliana Martinez-Hernandez of Filing Consent to Sue Form (Attachments: #1 Supplement Consent to Sue - Jose Luis Morales) (Willis, Robert) |
| MOTIONS REFERRED: #407 MOTION to Compel, #391 Corrected MOTION to Compel, #398 MOTION to Stay #394 Motion to Reconsider forwarded to Judge Daniel for consideration. Motions referred to David W. Daniel. (Heath, D.) |
| Filing 416 RESPONSE in Opposition re #407 MOTION to Compel DESIGNATION REQUIRED BY RULE 30(b)(6) BY MAXWELL FARMS, LLC AND SMITHFIELD FOODS, INC. MOTION to Compel DESIGNATION REQUIRED BY RULE 30(b)(6) BY MAXWELL FARMS, LLC AND SMITHFIELD FOODS, INC. MOTION to Compel DESIGNATION REQUIRED BY RULE 30(b)(6) BY MAXWELL FARMS, LLC AND SMITHFIELD FOODS, INC., #380 MOTION for Leave to File AMENDED MOTION TO COMPEL DESIGNATION REQUIRED BY RULE 30(b)(6) re #345 MOTION for Leave to File AMENDED MOTION TO COMPEL DESIGNATION REQUIRED BY RULE 30(b)(6) re #345 filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A--February 25, 2010 Email, #2 Exhibit B--Notices of Deposition, #3 Exhibit C1--Unpublished Decisions, #4 Exhibit C2--Unpublished Decisions) (Magnus, Eric) |
| Filing 415 REPLY to Response to Motion re #398 MOTION to Stay re #390 Order on Motion for Protective Order, Order on Motion to Compel, Order on Motion to Strike, Order on Motion for Miscellaneous Relief,, Order on Motion to Quash,,,, Order on Motion for Extension of Time to Complete Discovery MOTION to Stay re #390 Order on Motion for Protective Order, Order on Motion to Compel, Order on Motion to Strike, Order on Motion for Miscellaneous Relief,, Order on Motion to Quash,,,, Order on Motion for Extension of Time to Complete Discovery filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Owens, L.) |
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Filing 414
ORDER denying #342 Motion to Seal Document. Defendant's motion fails to fully comply with the Court's procedure for filing motions to seal documents.Accordingly, Defendant's motion is DENIED with leave to refile within fourteen (14) days of entry of this order. The proposed sealed document shall remain SEALED to allow Defendant time to refile its request. In the event Defendant fails to refile its request within fourteen (14) days of entry of this order, the Clerk is DIRECTED to unseal the document. Signed by USMJ David W. Daniel on 7/7/2010. (Heath, D.)
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Filing 413
ORDER dismissing as moot #409 Motion for Extension of Time to File Response. The court hereby advises counsel that the clerk's submission of a document to chambers for consideration does not affect the filing deadlines under the Federal Rules of Civil Procedure or this court's local rules. (See Order for complete details) Signed by Senior Judge Malcolm J. Howard on 6/30/2010. (Heath, D.)
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| Documents #411 Notice and #412 Memorandum In Opposition forwarded to Judge Howard. (Heath, D.) |
| Filing 412 Memorandum in Opposition re #405 MOTION to Strike #404 Notice-(other), Notice-(other) MOTION to Strike #404 Notice-(other), Notice-(other) filed by Ulda Aponte, Liliana Martinez-Hernandez. (Attachments: #1 Supplement Unpublished Cases) (Willis, Robert) |
| Filing 411 NOTICE by Ulda Aponte, Liliana Martinez-Hernandez re #396 Appeal of Magistrate Judge Decision to District Court,,, OF WITHDRAWAL OF PART OF RULE 72(a) APPEAL (Attachments: #1 Exhibit A - Stipulation) (Willis, Robert) |
| NOTICE TO COUNSEL: For future reference, the Court prefers counsel to attach proposed orders to the motion. It is not necessary to file them separately. (Heath, D.) |
| Motion Submitted: #409 MOTION for Extension of Time forwarded to Judge Howard for consideration. (Heath, D.). |
| Filing 410 Proposed Order re #409 MOTION for Extension of Time to File Response/Reply as to #405 MOTION to Strike #404 Notice-(other), Notice-(other) MOTION to Strike #404 Notice-(other), Notice-(other) filed by Ulda Aponte, Liliana Martinez-Hernandez. (Willis, Robert) |
| Filing 409 MOTION for Extension of Time to File Response/Reply as to #405 MOTION to Strike #404 Notice-(other), Notice-(other) MOTION to Strike #404 Notice-(other), Notice-(other) by Ulda Aponte, Liliana Martinez-Hernandez. (Willis, Robert) |
| Filing 408 Memorandum in Support re #407 MOTION to Compel DESIGNATION REQUIRED BY RULE 30(b)(6) BY MAXWELL FARMS, LLC AND SMITHFIELD FOODS, INC. MOTION to Compel DESIGNATION REQUIRED BY RULE 30(b)(6) BY MAXWELL FARMS, LLC AND SMITHFIELD FOODS, INC. MOTION to Compel DESIGNATION REQUIRED BY RULE 30(b)(6) BY MAXWELL FARMS, LLC AND SMITHFIELD FOODS, INC. filed by Ulda Aponte, Liliana Martinez-Hernandez. (Attachments: #1 Exhibit 5 - Deposition Excerpts Gary R. Lenaghan 1-14-2010, #2 Exhibit 8 - Docket Sheets Mary A.J. Saunders v. John Morrell & Co., #3 Supplement Isaias D. Padilla v. Maxwell Farms, Inc.) (Willis, Robert) |
| Filing 407 MOTION to Compel DESIGNATION REQUIRED BY RULE 30(b)(6) BY MAXWELL FARMS, LLC AND SMITHFIELD FOODS, INC. by Ulda Aponte, Liliana Martinez-Hernandez. (Attachments: #1 Exhibit 1 - Notice of Deposition Smithfield Foods, Inc., #2 Exhibit 2 - Notice of Deposition Maxwell Farms, LLC, #3 Exhibit 4 - Deposition Excerpts Butterball, LLC 3-25-2008, #4 Exhibit 5 - Deposition Excerpts Gary R. Lenaghan 1-14-2010, #5 Exhibit 6 - Notices of Deposition John Lerch and Sharon Davis, #6 Exhibit 7 - Plaintiffs Letter 6-1-2010, #7 Exhibit 8 - Docket Sheets Mary A.J. Saunders v. John Morrell & Co., #8 Supplement Isaias D. Padilla v. Maxwell Farms, Inc.) (Willis, Robert) |
| Filing 406 Memorandum in Opposition re #398 MOTION to Stay re #390 Order on Motion for Protective Order, Order on Motion to Compel, Order on Motion to Strike, Order on Motion for Miscellaneous Relief,, Order on Motion to Quash,,,, Order on Motion for Extension of Time to Complete Discovery MOTION to Stay re #390 Order on Motion for Protective Order, Order on Motion to Compel, Order on Motion to Strike, Order on Motion for Miscellaneous Relief,, Order on Motion to Quash,,,, Order on Motion for Extension of Time to Complete Discovery MOTION to Stay re #390 Order on Motion for Protective Order, Order on Motion to Compel, Order on Motion to Strike, Order on Motion for Miscellaneous Relief,, Order on Motion to Quash,,,, Order on Motion for Extension of Time to Complete Discovery, #399 Appeal of Magistrate Judge Decision to District Court,, filed by Ulda Aponte, Liliana Martinez-Hernandez. (Attachments: #1 Exhibit A - Butterball Privilege Log) (Willis, Robert) |
| Filing 405 MOTION to Strike #404 Notice of Filing Rebuttal Expert Reports by Butterball, LLC (formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A--June 21, 2010 email, #2 Exhibit B--Unpublished Decision, #3 Exhibit C--Unpublished Decision) (Magnus, Eric). |
| MOTION REFERRED: #392 MOTION to Compel MAXWELL, LLC TO ANSWER INTERROGATORY NUMBERS 18-19 forwarded to Judge Daniel for consideration. Motion referred to David W. Daniel. (Heath, D.). |
| Motions No Longer Referred: #405 MOTION to Strike #404 Notice-(other), Notice-(other) MOTION to Strike #404 Notice-(other), Notice-(other). Motion referred to Judge Daniel in error. Motion to Stike will be submitted to Judge Howard for consideration. (Heath, D.) |
| Motions Submitted: #405 MOTION to Strike #404 Notice-(other), Notice-(other) MOTION to Strike #404 Notice-(other), Notice-(other) forwarded to Judge Howard for consideration. (Heath, D.) |
| MOTIONS REFERRED: #405 MOTION to Strike #404 Notice-(other), Notice-(other) MOTION to Strike #404 Notice-(other), Notice-(other)forwarded to Judge Daniel. Motions referred to David W. Daniel. (Heath, D.) |
| Filing 404 NOTICE OF FILING REBUTTAL EXPERT REPORTS IN SUPPORT OF by Ulda Aponte, Liliana Martinez-Hernandez re #396 Appeal of Magistrate Judge Decision to District Court, #397 Memorandum in Support, (Attachments: #1 Exhibit A - Dr. Giesbrecht Rebuttal Expert Report, #2 Exhibit B - Dr. Radwin Rebuttal Expert Report) (Willis, Robert). |
| Filing 403 RESPONSE in Opposition re #392 MOTION to Compel MAXWELL, LLC TO ANSWER INTERROGATORY NUMBERS 18-19 filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A-1-Lenaghan Deposition Transcript, #2 Exhibit A-2-Lenaghan Deposition Transcript (continued), #3 Exhibit A-3-Lenaghan Deposition Transcript (continued), #4 Exhibit B-Supplemental Interrogatory Responses, #5 Exhibit C-February 25, 2010 e-mail, #6 Exhibit D-1-Gordon Maxwell Deposition Transcript, #7 Exhibit D-2-Gordon Maxwell Deposition Transcript (continued), #8 Exhibit D-3-Gordon Maxwell Deposition Transcipt (continued), #9 Exhibit E-1-Louis Maxwell Deposition Transcript, #10 Exhibit E-2-Louis Maxwell Deposition Transcript (continued), #11 Exhibit F-Unpublished Decisions) (Magnus, Eric). |
| Filing 402 RESPONSE re #396 Appeal of Magistrate Judge Decision to District Court filed by Butterball, LLC (formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A-1-Hearing Transcript, #2 Exhibit A-2-Hearing Transcript, #3 Exhibit B-Unpublished Decisions, #4 Exhibit C-Plaintiffs' Trial Witness List, #5 Exhibit D-Helmert Scheduling Order) (Magnus, Eric). |
| Filing 401 RESPONSE in Opposition re #394 MOTION for Reconsideration re #390 Order on Motion for Protective Order, Order on Motion to Compel, Order on Motion to Strike, Order on Motion for Miscellaneous Relief, Order on Motion to Quash, MOTION for Reconsideration re #390 Order on Motion for Protective Order, Order on Motion to Compel,Order on Motion to Strike, Order on Motion for Miscellaneous Relief, Order on Motion to Quash, filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A-Notices of Deposition, #2 Exhibit B-1-Hearing Transcript, #3 Exhibit B-2-Hearing Transcript, #4 Exhibit C-Supplemental Interrogatory Response, #5 Exhibit D-Unpublished Decision, #6 Exhibit E-June 11, 2010 Letter, #7 Exhibit F-June 15, 2010 email, #8 Exhibit G-Unpublished Decision) (Magnus, Eric). |
| Filing 400 Memorandum in Support re #399 Appeal of Magistrate Judge Decision to District Court,, filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit B, #4 Exhibit C-1, #5 Exhibit C-2, #6 Exhibit D, #7 Exhibit E) (Owens, L.) |
| Filing 399 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.) re #390 Order on Motion for Protective Order, Order on Motion to Compel, Order on Motion to Strike, Order on Motion for Miscellaneous Relief, Order on Motion to Quash, Order on Motion for Extension of Time to Complete Discovery, Order on Motion for Leave to File (Owens, L.). |
| Filing 398 MOTION to Stay re #390 Order on Motion for Protective Order, Order on Motion to Compel, Order on Motion to Strike, Order on Motion for Miscellaneous Relief, Order on Motion to Quash, Order on Motion for Extension of Time to Complete Discovery, Order on Motion for Leave to File by Butterball, LLC (formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Text of Proposed Order) (Owens, L.). |
| Filing 397 Memorandum in Support re #396 Appeal of Magistrate Judge Decision to District Court filed by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit 1 - Shift Schedule, #2 Appendix A - Fernandez Report & Helmert v. Butterball, LLC, #3 Supplement Long Term Capital Holdings v. U.S.) (Willis, Robert). |
| Filing 396 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Liliana Martinez-Hernandez, Ulda Aponte re #390 Order on Motion for Protective Order, Order on Motion to Compel, Order on Motion to Strike, Order on Motion for Miscellaneous Relief, Order on Motion to Quash, Order on Motion for Extension of Time to Complete Discovery, Order on Motion for Leave to File, (Attachments: #1 Exhibit A - Deposition Transcript Karen Ingram 3-25-2008, #2 Exhibit B - Deposition Transcript Karen Ingram 1-13-2010, #3 Exhibit C - Deposition Transcript Ulda Aponte, #4 Exhibit D - Deposition Transcript Luis Camano-Canongo, #5 Exhibit E - Deposition Transcript Gary Lenaghan, #6 Exhibit F - Deposition Transcript Sayda Suyapa Swinson, #7 Exhibit 7 - Supplemental Answer to Interrogatory 12, #8 Affidavit Sworn Declaration of Liliana Martinez-Hernandez) (Willis, Robert). |
| Filing 395 Memorandum in Support re #394 MOTION for Reconsideration re #390 Order on Motion for Protective Order, Order on Motion to Compel, Order on Motion to Strike, Order on Motion for Miscellaneous Relief, Order on Motion to Quash, MOTION for Reconsideration re #390 Order on Motion for Protective Order, Order on Motion to Compel, Order on Motion to Strike, Order on Motion for Miscellaneous Relief, Order on Motion to Quash filed by Liliana Martinez-Hernandez, Ulda Aponte. (Willis, Robert). |
| Filing 394 MOTION for Reconsideration re #390 Order on Motion for Protective Order, Order on Motion to Compel, Order on Motion to Strike, Order on Motion for Miscellaneous Relief, Order on Motion to Quash, Order on Motion for Extension of Time to Complete Discovery, Order on Motion for Leave to File OR CLARIFICATION by Liliana Martinez-Hernandez, Ulda Aponte. (Willis, Robert). |
| Filing 393 Memorandum in Support re #392 MOTION to Compel MAXWELL, LLC TO ANSWER INTERROGATORY NUMBERS 18-19 filed by Liliana Martinez-Hernandez, Ulda Aponte. (Willis, Robert) |
| Filing 392 MOTION to Compel MAXWELL, LLC TO ANSWER INTERROGATORY NUMBERS 18-19 by Liliana Martinez-Hernandez, Ulda Aponte. (Willis, Robert) |
| Filing 391 Corrected MOTION to Compel DESIGNATION REQUIRED BY RULE 30(b)(6) AND FOR LEAVE TO DEPOSE BUTTERBALL, LLC PURSUANT TO RULE 30(d)(1) AND RULE 30(a)(1)(A)(ii) re #390 ORDER by Liliana Martinez-Hernandez, Ulda Aponte. (Willis, Robert) |
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Filing 390
ORDER granting in part and denying in part #315 Motion for Protective Order; granting in part and denying in part #319 Motion to Compel; denying #327 Motion to Strike; denying #330 Motion; granting in part and denying in part #332 Motion for Protective Order; granting in part and denying in part #334 Motion to Quash; granting in part and denying in part #334 Motion for Protective Order; granting in part and denying in part #336 Motion to Quash; granting in part and denying in part #336 Motion for Protective Order; granting in part and denying in part #338 Motion for Extension of Time to Complete Discovery; denying #343 Motion for Leave to File; granting in part and denying in part #345 Motion to Compel; granting in part and denying in part #349 Motion to Compel; granting #351 Motion for Extension of Time; granting in part and denying in part #354 Motion to Compel; granting #380 Motion for Leave to File; granting in part and denying in part #285 Motion. The court will extend discovery in a limited manner as follows: Discovery due 8/16/2010; Motions due 9/16/2010 and Jury Trial continued to 2/14/2011. COUNSEL SEE ORDER FOR SPECIFIC RULINGS AND FURTHER INSTRUCTIONS BY THE COURT. Signed by USMJ David W. Daniel on 5/21/2010. (Heath, D.) Modified on 5/21/2010 to add new deadlines(Heath, D.).
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| Filing 389 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte re #354 MOTION to Compel PRODUCTION OF ELECTRONICALLY STORED INFORMATION NOTICE OF THE PARTIES PROGRESS TOWARDS RESOLVING (Attachments: #1 Exhibit 1 - Plaintiffs April 15, 2010 ESI Proposal, #2 Exhibit 2 - Defendants April 7, 2010 ESI Proposal) (Willis, Robert) |
| Filing 388 OFFICIAL TRANSCRIPT of Motions Hearing held on 3/31/10, before Judge Daniel. Transcriber Janice Russell. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website. Redaction Request due 5/14/2010. Redacted Transcript Deadline set for 5/24/2010. Release of Transcript Restriction set for 7/22/2010. (Steele, F.) |
| NOTICE of Filing of Official Transcript #388 Transcript,,. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Steele, F.) |
| Filing 387 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte of Filing Consent to Sue Form (Attachments: #1 Supplement Consent to Sue - Rosa Miria Mendez) (Willis, Robert) |
| Filing 386 NOTICE by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.) (Owens, L.) |
| #385 and #386 Notices forwarded to Judge Daniel. (Heath, D.) |
| Filing 385 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte re #368 Order on Motion for Extension of Time,,, Order on Motion for Miscellaneous Relief,, of Filing of Exhibit Cited in March 31, 2010 Motion Hearing (Attachments: #1 Supplement Chart of Departmental Assignments, #2 Exhibit C - Emails between counsels 3-31-10 to 4-1-10) (Willis, Robert) |
| Filing 384 Minute Entry for proceedings held before USMJ David W. Daniel: Motions Hearing held on 3/31/2010 pursuant to the court's Order #368 . (Motions 285, 315, 319, 327, 330,332, 334, 336, 338, 343, 345, 349, 351, 354). Counsel on behalf of plaintiffs & defendant present. Court hears oral arguments from each side as to various motions. After hearing arguments, the court takes the motions under advisement with a written order to follow. (Court Reporter - FTR Gold) (Foell, S.) |
| Filing 383 Declaration re #368 Order on Motion for Extension of Time,,, Order on Motion for Miscellaneous Relief,, OF MICHAEL RUSSO by Liliana Martinez-Hernandez, Ulda Aponte filed by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit 1 - Wells Depo, #2 Exhibit 2 - Messaging Architects m+archive, #3 Exhibit 3 - Computhink Groupwise Email Archival, #4 Exhibit 4 - Nexic Discovery 7.5, #5 Exhibit 5 - Gagglemail.com Archiving, #6 Exhibit 6 - IPRO-eScan-IT, #7 Exhibit 7 - Nucleus Data Recovery, Kernel for Novell GroupWise to Outlook, #8 Exhibit 8 - Transcend Migrator, #9 Exhibit 9 - Dell server quote, #10 Exhibit 10 - Novell Netware 6.5 System Requirements) (Willis, Robert) |
| Filing 382 OFFICIAL TRANSCRIPT of HEARING ON #240 MOTION TO COMPEL; #254 MOTION TO COMPEL,; AND #262 REQUEST FOR ORAL ARGUMENTS Proceedings held on 11/30/09, before Judge Daniel. Court Reporter Janice Russell. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website.. Redaction Request due 4/16/2010. Redacted Transcript Deadline set for 4/26/2010. Release of Transcript Restriction set for 6/24/2010. (Steele, F.) |
| NOTICE of Filing of Official Transcript #382 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Steele, F.) |
| MOTIONS REFERRED: #351 MOTION for Extension of Time, #349 MOTION to Compel, #345 MOTION to Compel, #380 MOTION for Leave to File AMENDED MOTION TO COMPEL DESIGNATION REQUIRED BY RULE 30(b)(6) and #354 MOTION to Compel forwarded to Judge Daniel for consideration. Motions referred to David W. Daniel. (Heath, D.) |
| Filing 381 Proposed Order re #380 MOTION for Leave to File AMENDED MOTION TO COMPEL DESIGNATION REQUIRED BY RULE 30(b)(6) re #345 MOTION for Leave to File AMENDED MOTION TO COMPEL DESIGNATION REQUIRED BY RULE 30(b)(6) re #345 filed by Liliana Martinez-Hernandez, Ulda Aponte. (Willis, Robert) |
| Filing 380 MOTION for Leave to File AMENDED MOTION TO COMPEL DESIGNATION REQUIRED BY RULE 30(b)(6) re #345 by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit A - Amended Motion, #2 Exhibit 10 of Amended Motion - Lenaghan Deposition, #3 Exhibit 11 of Amended Motion - Morris Deposition, #4 Exhibit 12 of Amended Motion - Houston Deposition, #5 Exhibit 13 of Amended Motion - Ingram Deposition, #6 Text of Proposed Order) (Willis, Robert) |
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Filing 379
ORDER granting #378 Motion to Seal Exhibits C, D, E, F and G to Defendant's Memorandum in Opposition to Plaintiffs' Motion to Compel Electronically Stored Information Discovery (Doc. 354). Signed by USMJ David W. Daniel on 3/18/2010. (Lee, L.)
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| MOTIONS REFERRED: #378 MOTION to Seal Document Exhibits - Motions referred to David W. Daniel - Also, copy of DE #371 Response to Motion to Compel sent to USMJ Daniel. (Lee, L.) |
| Filing 378 MOTION to Seal Document #377 PROPOSED SEALED Document, #372 PROPOSED SEALED Document, #376 PROPOSED SEALED Document, #375 PROPOSED SEALED Document, #374 PROPOSED SEALED Document, #373 PROPOSED SEALED Document by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Text of Proposed Order) (Owens, L.) |
| Filing 377 SEALED Document: Ex G External Time Study Part 2 re #371 Response in Opposition to Motion by Defendant Butterball, LLC. (Owens, L.) Modified on 3/18/2010 to remove "proposed" language pursuant to court's order granting the motion to seal entered on 3/18/2010. (Lee, L.). |
| Filing 376 SEALED Document: Exhibit G External Time Study Part 1 re #371 Response in Opposition to Motion by Defendant Butterball, LLC. (Owens, L.) Modified on 3/18/2010 to remove "proposed" language pursuant to court's order granting the motion to seal entered on 3/18/2010. (Lee, L.). |
| Filing 375 SEALED Document: Exhibit F Internal Time Study re #371 Response in Opposition to Motion by Defendant Butterball, LLC. (Owens, L.) Modified on 3/18/2010 to remove "proposed" language pursuant to court's order granting the motion to seal entered on 3/18/2010. (Lee, L.). |
| Filing 374 SEALED Document: Exhibit E Pay Codes re #371 Response in Opposition to Motion by Defendant Butterball, LLC. (Owens, L.) Modified on 3/18/2010 to remove "proposed" language pursuant to court's order granting the motion to seal entered on 3/18/2010. (Lee, L.). |
| Filing 373 SEALED Document: Exhibit D - PPE Documents re #371 Response in Opposition to Motion,,, by Defendant Butterball, LLC. (Owens, L.) Modified on 3/18/2010 to remove "proposed" language pursuant to court's order granting the motion to seal entered on 3/18/2010. (Lee, L.). |
| Filing 372 SEALED Document: Exhibit C re #371 Response in Opposition to Motion,,, by Defendant Butterball, LLC. (Owens, L.) Modified on 3/18/2010 to remove "proposed" language pursuant to court's order granting the motion to seal entered on 3/18/2010. (Lee, L.). |
| Filing 371 RESPONSE in Opposition re #354 MOTION to Compel PRODUCTION OF ELECTRONICALLY STORED INFORMATION filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A--Defendant's Responses and Objections to Fifth Interrogatories, #2 Exhibit B--November 6, 2009 letter from Magnus to Willis, #3 Exhibit C--Filed Under Seal, #4 Exhibit D--Filed Under Seal, #5 Exhibit E--Filed Under Seal, #6 Exhibit F--Filed Under Seal, #7 Exhibit G--Filed Under Seal, #8 Exhibit H--Lenaghan Deposition Excerpts, #9 Exhibit I--Supplemental Responses to Interrogatory Nos. 18 and 19, #10 Exhibit J--February 25, 2010 email from Magnus to Willis, #11 Exhibit K--Wells Deposition Excerpts, #12 Exhibit L--Objections to Terms, #13 Exhibit M--Objections to Custodians) (Owens, L.) |
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Filing 370
ORDER Re-Setting Hearing: The motions hearing presently scheduled for March 22, 2010, in Raleigh, North Carolina is CONTINUED to Wednesday, March 31,2010, at 11:00 a.m. in the Courthouse Annex at Greenville, North Carolina. Signed by USMJ David W. Daniel on 3/16/2010. (Lee, L.)
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| Copies of DE #366 Response to Motion to Extend Time; DE #367 Response to Motion to Compel and DE #369 Response to Motion to Compel submitted to USMJ David Daniel. (Lee, L.) |
| Filing 369 RESPONSE in Opposition re #345 MOTION to Compel DESIGNATION REQUIRED BY RULE 30(b)(6) AND FOR LEAVE TO DEPOSE BUTTERBALL, LLC PURSUANT TO RULE 30(d)(1) AND RULE 30(a)(1)(A)(ii) MOTION to Compel DESIGNATION REQUIRED BY RULE 30(b)(6) AND FOR LEAVE TO DEPOSE BUTTERBALL, LLC PURSUANT TO RULE 30(d)(1) AND RULE 30(a)(1)(A)(ii) filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit Second Amended Notice of Deposition, #2 Exhibit Amended Supplemental Notice of Deposition, #3 Exhibit Correspondence between counsel regarding motion for leave and motion for protective order, #4 Exhibit Correspondence between counsel regarding meaning of "Plaintiff", #5 Exhibit Excerpts from Ingram deposition, #6 Exhibit Excerpts from Lanaghan deposition, #7 Exhibit Unpublished case) (Capobianco, Robert) |
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Filing 368
ORDER granting #365 Motion for Oral Argument on Pending Discovery Motions and granting in part and denying in part #358 Motion for Extension of Time: The Court will conduct a hearing on the motions listed below (see order) on Monday, March 22, 2010, at 10:00 a.m. in the 5th Floor Courtroom of the Terry Sanford Federal Building in Raleigh, North Carolina - The Court GRANTS IN PART AND DENIES IN PART the parties' Consent Motion for Extension of Time to File Potentially Dispositive Motions [DE 358] to April 19, 2010 - At the hearing on the above-referenced motions, the scheduling order in its entirety will be reviewed and adjusted as the Court deems appropriate.. Signed by USMJ David W. Daniel on 3/15/2010. (Lee, L.)
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| Filing 367 RESPONSE in Opposition re #349 MOTION to Compel PRODUCTION OF DOCUMENTS AND ANSWER TO INTERROGATORIES filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A--Responses to First Requests for Production, #2 Exhibit B--Responses to Third Requests for Production, #3 Exhibit C--Responses to Fifth Requests for Production, #4 Exhibit D--February 17, 2010 email from Magnus to Willis, #5 Exhibit E--February 2, 2010 email from Willis to Magnus, #6 Exhibit F--Unpublished Decisions, #7 Exhibit G--February 17, 2009 email from Alford to Dunn, #8 Exhibit H--Fourth Declaration of Karen Ingram, #9 Exhibit I--Excerpts from Deposition of Catherine Pickett, #10 Exhibit J--Morissey Depo Excerpts, #11 Exhibit K--March 10, 2010 email from Magnus to Willis, #12 Exhibit L--Cover Letter producing opt-in department list, #13 Exhibit M--February 5, 2010 email from Willis to Magnus) (Owens, L.) |
| Filing 366 RESPONSE in Opposition re #351 MOTION for Extension of Time TO PREPARE A REBUTTAL EXPERT REPORT ON STATISTICAL INVALIDITY OF DEFENDANTS EXPERT REPORT filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A-1--Unpblished Decisions, #2 Exhibit A-2--Unpublished Decisions) (Owens, L.) |
| Filing 365 MOTION FOR ORAL ARGUMENT ON PENDING DISCOVERY MOTIONS by Liliana Martinez-Hernandez, Ulda Aponte. (Willis, Robert) |
| ***Set USMJ Daniel Flag, MOTIONS REFERRED: #365 MOTION FOR ORAL ARGUMENT ON PENDING DISCOVERY MOTIONS forwarded to Judge Daniel for consideration. Any responses filed will be forwarded to Judge Daniel. Motions referred to David W. Daniel. (Heath, D.) |
| MOTIONS REFERRED: #338 MOTION for Extension of Time to Complete Discovery and to Provide a Rebuttal Expert Report, #336 MOTION to Quash MOTION for Protective Order Deposition Notices to Keith Shoemaker, Walter Pelletier and Ed Kascuta, #334 MOTION to Quash MOTION for Protective Order Deposition Notices to Non-Butterball Deponents forwarded to Judge Daniel for consideration. Motions referred to David W. Daniel. (Heath, D.) |
| Filing 364 Memorandum in Opposition re #336 MOTION to Quash MOTION for Protective Order Deposition Notices to Keith Shoemaker, Walter Pelletier and Ed Kascuta, #334 MOTION to Quash MOTION for Protective Order Deposition Notices to Non-Butterball Deponents filed by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit 1 - G. Maxwell Depo, #2 Exhibit 2 - Plaintiffs 2/22/2010 Email, #3 Exhibit 3 - Plaintiffs 2/9/2010 Letter, #4 Exhibit 4 - Defendants 2/17/2010 Letter, #5 Exhibit 5 - Order in Helmert v. Butterball, #6 Exhibit 6 - L. Maxwell Depo, #7 Exhibit 7 - K. Ingram Depo, #8 Exhibit 8 - Plaintiffs 2/18/2010 Email, #9 Exhibit 9 - Plaintiffs 2/18/2010 Email re Deposition in March, #10 Exhibit 10 - Similar Cases) (Willis, Robert) |
| Filing 363 RESPONSE in Opposition re #338 MOTION for Extension of Time to Complete Discovery and to Provide a Rebuttal Expert Report filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A-1-Unpublished Decisions, #2 Exhibit A-2-Unpublished Decisions, #3 Exhibit A-3-Unpublished Decisions, #4 Exhibit A-4-Unpublished Decisions, #5 Exhibit B--February 8, 2010 Letter, #6 Exhibit C--November 9, 2009 Letter, #7 Exhibit D--Wells Deposition Excerpts, #8 Exhibit E--Supplementary Interrogatory Responses, #9 Exhibit F--February 25, 2010 email, #10 Exhibit G--Lenaghan Deposition Excerpts, #11 Exhibit H--January 29, 2010 Letter, #12 Exhibit I--Maxwell Email Exchange) (Owens, L.) |
| Filing 362 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte re #355 Memorandum in Support,,, of filing of additional exhibits (Attachments: #1 Exhibit C - Defendants 11/6/2009 Letter, #2 Exhibit C2 - Defendants 10/26/2009 Letter, #3 Exhibit C3 - Defendants 10/14/2009 Letter) (Willis, Robert) |
| #361 Reply forwarded to Judge Daniel for consideration. (Heath, D.) |
| Filing 361 REPLY to Response to Motion re #327 MOTION to Strike #296 Answer to Complaint AFFIRMATIVE DEFENSES ALLEGED BY DEFENDANT filed by Liliana Martinez-Hernandez, Ulda Aponte. (Willis, Robert) |
| MOTIONS REFERRED: #327 MOTION to Strike #296 Answer to Complaint AFFIRMATIVE DEFENSES ALLEGED BY DEFENDANTforwarded to Judge Daniel for consideration. Motions referred to David W. Daniel. (Heath, D.) |
| MOTIONS REFERRED: #358 Consent MOTION for Extension of Time forwarded to Judge Daniel for consideration. Motions referred to David W. Daniel. (Heath, D.) |
| Filing 360 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte of Filing Consent to Sue Form (Attachments: #1 Supplement Consent to Sue - Juno Kenan) (Willis, Robert) |
| Filing 359 Proposed Order re #358 Consent MOTION for Extension of Time filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Owens, L.) |
| Filing 358 Consent MOTION for Extension of Time by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Owens, L.) |
| Filing 357 RESPONSE in Opposition re #327 MOTION to Strike #296 Answer to Complaint AFFIRMATIVE DEFENSES ALLEGED BY DEFENDANT filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A-1--Unpublished Decisions, #2 Exhibit A-2--Unpublished Decisions, #3 Exhibit B--Plaintiffs' Second Amended 30(b)(6) Notice, #4 Exhibit C--Supplemental Responses to Interrogatory Nos. 18 and 19) (Owens, L.) |
| MOTIONS REFERRED: #343 MOTION for Leave and #330 Second MOTION TO TREAT AS CONTEMPT BUTTERBALLS FAILURE TO COMPLY WITH DISCOVERY ORDER forwarded to Judge Daniel. Motions referred to David W. Daniel. (Heath, D.) |
| Filing 356 Memorandum in Opposition re #343 MOTION for Leave to File Reply in Support of Motion for Protecive Order (Docket Entry Nos. 315-316) MOTION for Leave to File Reply in Support of Motion for Protecive Order (Docket Entry Nos. 315-316) filed by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit A - Plaintiffs 1/21/2010 Email) (Willis, Robert) |
| Filing 355 Memorandum in Support re #354 MOTION to Compel PRODUCTION OF ELECTRONICALLY STORED INFORMATION filed by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit A1 - Plaintiffs First Request for Production of Documents, #2 Exhibit A2 - Plaintiffs Second Request for Production of Documents, #3 Exhibit A3 - Plaintiffs Third Request for Production of Documents, #4 Exhibit A4 - Plaintiffs Fourth Request for Production of Documents, #5 Exhibit A5 - Plaintiffs Fifth Request for Production of Documents, #6 Exhibit B - Letter to Defendants regarding ESI, #7 Exhibit D - Plaintiffs 10/23/2009 Letter, #8 Exhibit E - Defendants 11/24/2009 Email, #9 Exhibit E1 - Plaintiffs 11/24/2009 Email, #10 Exhibit F - Affidavit Troy Tatting, #11 Exhibit G - Plaintiffs 2/8/2010 Letter, #12 Exhibit H - Defendants 2/17/2010 Letter, #13 Exhibit I - Declaration of Matthew Dunn, #14 Exhibit J - Wells Deposition Excerpts) (Willis, Robert) |
| Filing 354 MOTION to Compel PRODUCTION OF ELECTRONICALLY STORED INFORMATION by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit A1 - Plaintiffs First Request for Production of Documents, #2 Exhibit A2 - Plaintiffs Second Request for Production of Documents, #3 Exhibit A3 - Plaintiffs Third Request for Production of Documents, #4 Exhibit A4 - Plaintiffs Fourth Request for Production of Documents, #5 Exhibit A5 - Plaintiffs Fifth Request for Production of Documents, #6 Exhibit B - Plaintiffs 10-5-2009 Letter, #7 Exhibit D - Plaintiffs 10/23/2009 Letter, #8 Exhibit E - Defendants 11/24/2009 Email, #9 Exhibit E1 - Plaintiffs 11/24/2009 Email, #10 Exhibit F - Affidavit Troy Tatting, #11 Exhibit G - Plaintiffs 2/8/2010 Letter, #12 Exhibit H - Defendants 2/17/2010 Letter, #13 Exhibit I - Declaration of Matthew Dunn, #14 Exhibit J - Wells Deposition Excerpts) (Willis, Robert) |
| Filing 353 Memorandum in Support re #351 MOTION for Extension of Time TO PREPARE A REBUTTAL EXPERT REPORT ON STATISTICAL INVALIDITY OF DEFENDANTS EXPERT REPORT filed by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit A - Email to Defense Counsel) (Willis, Robert) |
| Filing 352 Proposed Order re #351 MOTION for Extension of Time TO PREPARE A REBUTTAL EXPERT REPORT ON STATISTICAL INVALIDITY OF DEFENDANTS EXPERT REPORT filed by Liliana Martinez-Hernandez, Ulda Aponte. (Willis, Robert) |
| Filing 351 MOTION for Extension of Time TO PREPARE A REBUTTAL EXPERT REPORT ON STATISTICAL INVALIDITY OF DEFENDANTS EXPERT REPORT by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit A - Email to Defense Counsel) (Willis, Robert) |
| Filing 350 Memorandum in Support re #349 MOTION to Compel PRODUCTION OF DOCUMENTS AND ANSWER TO INTERROGATORIES filed by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit 1 - Emails 1/27/2010 to 2/19/2010, #2 Exhibit 6 - Deposition Excerpts C. Pickett, #3 Exhibit 7 - Deposition Excerpts J. Miller, #4 Exhibit 8 - Deposition Excerpts S. Morrisey, #5 Exhibit 10 - Plaintiffs First Set of Interrogatories, #6 Exhibit 125 - Lerch Affidavit, #7 Exhibit 126 - Davis Affidavit) (Willis, Robert) |
| Filing 349 MOTION to Compel PRODUCTION OF DOCUMENTS AND ANSWER TO INTERROGATORIES by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit 1 - Emails 1/27/2010 to 2/19/2010, #2 Exhibit 2 - Defendants Response to First Request for Production of Documents, #3 Exhibit 3 - Plaintiffs First Request for Production of Documents, #4 Exhibit 4 - Defendants Response to Third Request for Production of Documents, #5 Exhibit 5 - Defendants Response to Fifth Request for Production of Documents, #6 Exhibit 6 - Deposition Excerpts C. Pickett, #7 Exhibit 7 - Deposition Excerpts J. Miller, #8 Exhibit 8 - Deposition Excerpts S. Morrisey, #9 Exhibit 9 - Defendants Response and Objections to First Set of Interrogatories, #10 Exhibit 10 - Plaintiffs First Set of Interrogatories, #11 Exhibit 11 - Correspondence 12/7/2007 to 1/8/2008, #12 Exhibit 125 - Lerch Affidavit, #13 Exhibit 126 - Davis Affidavit, #14 Exhibit 185 - HR Action Report L. Canongo-Camano, #15 Exhibit 187 - HR Action Report B. Gibbs) (Willis, Robert) |
| Filing 348 RESPONSE in Opposition re #330 Second MOTION TO TREAT AS CONTEMPT BUTTERBALLS FAILURE TO COMPLY WITH DISCOVERY ORDER re #283 Order on Motion to Compel,Second MOTION TO TREAT AS CONTEMPT BUTTERBALLS FAILURE TO COMPLY WITH DISCOVERY ORDER re #283 Order on Motion to Compel, filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A--Unpublished Decisions, #2 Exhibit B--Supplemental Responses to Interrogatory Nos. 18-19) (Owens, L.) |
| Filing 347 Memorandum in Support re #345 MOTION to Compel DESIGNATION REQUIRED BY RULE 30(b)(6) AND FOR LEAVE TO DEPOSE BUTTERBALL, LLC PURSUANT TO RULE 30(d)(1) AND RULE 30(a)(1)(A)(ii) MOTION to Compel DESIGNATION REQUIRED BY RULE 30(b)(6) AND FOR LEAVE TO DEPOSE BUTTERBALL, LLC PURSUANT TO RULE 30(d)(1) AND RULE 30(a)(1)(A)(ii) filed by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit 1 - Rule 30(b)(6) Notice for BB served on 3-4-08, #2 Exhibit 2 - Rule 30(b)(6) Notice as to Merits for BB served on 10-29-09, #3 Exhibit 3 - Rule 30(b)(6) Notice of IT depo for BB served on 11-18-09, #4 Exhibit 4 - Amended Rule 30(b)(6) Notice for BB As to Merits served on 11-19-09, #5 Exhibit 5 - Defendants Objections to Plaintiffs Amended Notice of Deposition, #6 Exhibit 6 - Rico Hill Deposition, #7 Exhibit 7 - Correspondence between parties, #8 Exhibit 8 - Karen Ingram Deposition, #9 Exhibit 9 - Gary Lenaghan Deposition, #10 Exhibit 134 - Order in Isaias Padilla v. Maxwell Farms, Inc., #11 Supplement February 26, 1990 Order) (Willis, Robert) |
| Filing 346 Memorandum in Opposition re #332 MOTION for Protective Order As To Plaintiffs' "Supplemental" 30(b)(6) Depositions filed by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit 1 - Rule 30(b)(6) Notice for BB served on 3-4-08, #2 Exhibit 2 - Rule 30(b)(6) Notice As to Merits for BB served on 10-29-09, #3 Exhibit 3 - Rule 30(b)(6) Notice of IT depo for BB served on 11-18-09, #4 Exhibit 4 - Amended Rule 30(b)(6) Notice for BB As to Merits served on 11-19-09, #5 Exhibit 5 - Defendants Objections to Plaintiffs Amended Notice of Deposition, #6 Exhibit 8 - Karen Ingram Deposition) (Willis, Robert) |
| Filing 345 MOTION to Compel DESIGNATION REQUIRED BY RULE 30(b)(6) AND FOR LEAVE TO DEPOSE BUTTERBALL, LLC PURSUANT TO RULE 30(d)(1) AND RULE 30(a)(1)(A)(ii) by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit 6 - Rico Hill Deposition, #2 Exhibit 7 - Correspondence between parties, #3 Exhibit 8 - Karen Ingram Deposition, #4 Exhibit 9 - Gary Lenaghan Deposition) (Willis, Robert) |
| MOTIONS REFERRED: #319 MOTION to Compel Discovery, #315 MOTION for Protective Order, #332 MOTION for Protective Order As To Plaintiffs' "Supplemental" 30(b)(6) Depositions forwarded to Judge Daniel for consideration. Motions referred to David W. Daniel. (Heath, D.) |
| NOTICE OF DEFICIENCY re: #345 Motion to Compel. Counsel is AGAIN REMINDED Pursuant to Local Civil Rule 6.1, or the judges practice preferences on the courts website, counsel MUST submit a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. Additionally, the judge's practice preferences MAY require counsel to email the proposed order in a word processing format. (Heath, D.) |
| Filing 344 Proposed Order re #343 MOTION for Leave to File Reply in Support of Motion for Protecive Order (Docket Entry Nos. 315-316) MOTION for Leave to File Reply in Support of Motion for Protecive Order (Docket Entry Nos. 315-316) filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Owens, L.) |
| NOTICE OF DEFICIENCY re: #343 Motion for Leave to File, ; Pursuant to Local Civil Rule 6.1, or the judges practice preferences on the courts website, counsel must submit a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. Additionally, the judge's practice preferences MAY require counsel to email the proposed order in a word processing format. (Heath, D.) |
| Filing 343 MOTION for Leave to File Reply in Support of Motion for Protecive Order (Docket Entry Nos. 315-316) by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A--Proposed Reply in Support of Motion for Protective Order, #2 Exhibit B--Unpublished Decisions) (Owens, L.) |
| Filing 342 MOTION to Seal Document #341 PROPOSED SEALED Document by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Text of Proposed Order) (Owens, L.) |
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Filing 341
Sealed EXHIBIT H re #335 Memorandum in Support,,, by Defendant Butterball, LLC. (Owens, L.) Modified on 1/20/2011 to adjust language in docket text to reflect sealed entry per Order entered by Judge Daniel 1/20/2011. (Heath, D.).
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| Filing 340 NOTICE by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.) re #314 Notice-(other), Notice-(other) of Objection to Plaintiffs' Notice of Filing Swron Declarations in Support of Objections to Discovery Order (Attachments: #1 Exhibit A--unpublished authority) (Owens, L.) |
| Filing 339 Memorandum in Support re #338 MOTION for Extension of Time to Complete Discovery and to Provide a Rebuttal Expert Report filed by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit 1 - Dunn ESI search letter, #2 Exhibit 2 - Magnus email November 24, 2009, #3 Exhibit 3 - Dunn Declaration, #4 Exhibit 4 - Magnus- Willis email, #5 Exhibit 5 - Dunn Letter, #6 Exhibit 6 - Munger Letter, #7 Exhibit 7 - Willis February 18, 2010 email, #8 Exhibit 8 - Alford letter, #9 Exhibit 9 - Dunn email) (Willis, Robert) |
| Filing 338 MOTION for Extension of Time to Complete Discovery and to Provide a Rebuttal Expert Report by Liliana Martinez-Hernandez, Ulda Aponte. (Willis, Robert) |
| Filing 337 Memorandum in Support re #336 MOTION to Quash MOTION for Protective Order Deposition Notices to Keith Shoemaker, Walter Pelletier and Ed Kascuta filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A--Deposition Notices, #2 Exhibit B--Ingram, Lenaghan, Wells Notices, #3 Exhibit C--Unpublished Decisions, #4 Exhibit D-1--Lenaghan Deposition Transcript, #5 Exhibit D-2--Lenaghan Deposition Transcript, #6 Exhibit D-3--Lenaghan Deposition Transcript) (Owens, L.) |
| Filing 336 MOTION to Quash, MOTION for Protective Order Deposition Notices to Keith Shoemaker, Walter Pelletier and Ed Kascuta by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Owens, L.) |
| Filing 335 Memorandum in Support re #334 MOTION to Quash MOTION for Protective Order Deposition Notices to Non-Butterball Deponents filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A--Deposition Notices, #2 Exhibit B--Ingram, Lenaghan, Wells Notices, #3 Exhibit C--Unpublished Decisions, #4 Exhibit D--Gordon Maxwell Deposition Transcript, #5 Exhibit E--Louis Maxwell Deposition Transcript, #6 Exhibit F--Godwin Declaration, #7 Exhibit G--February 19 e-mail, #8 Exhibit H--Mt. Olive time studies (filed under seal), #9 Exhibit I-1--Lenaghan Deposition transcript, #10 Exhibit I-2--Lenaghan Deposition Transcript, #11 Exhibit I-3--Lenaghan Deposition Transcript, #12 Exhibit J--Unpublished Decision) (Owens, L.) |
| Filing 334 MOTION to Quash, MOTION for Protective Order Deposition Notices to Non-Butterball Deponents by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Owens, L.) |
| Filing 333 Memorandum in Support re #332 MOTION for Protective Order As To Plaintiffs' "Supplemental" 30(b)(6) Depositions filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A--Second Amended Notice of Deposition as to Merits, #2 Exhibit B--Amended Supplemental Notice of Deposition as to Merits, #3 Exhibit C--Email Chain Between Munger and Willis, #4 Exhibit D--Ingram Deposition Excerpts, #5 Exhibit E1--Lenaghan Deposition Excerpts, #6 Exhibit E2--Lenaghan Deposition Excerpts, #7 Exhibit E3--Lenaghan Deposition Excerpts, #8 Exhibit E4--Lenaghan Deposition Excerpts, #9 Exhibit F--Email exchange regarding production of original personnel records, #10 Exhibit G--Unpublished Decisions) (Owens, L.) |
| Filing 332 MOTION for Protective Order As To Plaintiffs' "Supplemental" 30(b)(6) Depositions by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Owens, L.) |
| Filing 331 Memorandum in Support re #330 Second MOTION TO TREAT AS CONTEMPT BUTTERBALLS FAILURE TO COMPLY WITH DISCOVERY ORDER re #283 Order on Motion to Compel,Second MOTION TO TREAT AS CONTEMPT BUTTERBALLS FAILURE TO COMPLY WITH DISCOVERY ORDER re #283 Order on Motion to Compel, filed by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit 1 - Emails 1/27/2010 to 2/5/2010, #2 Supplement Deposition of Hugh Gordon Maxwell, III) (Willis, Robert) |
| Filing 330 Second MOTION TO TREAT AS CONTEMPT BUTTERBALLS FAILURE TO COMPLY WITH DISCOVERY ORDER re #283 Order on Motion to Compel, by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit 1 - Emails 1/27/2010 to 2/5/2010, #2 Supplement Deposition of Hugh Gordon Maxwell, III) (Willis, Robert) |
| Filing 329 Memorandum in Opposition re #319 MOTION to Compel Discovery filed by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit 1 - Emails 1/27/2010 to 2/5/2010, #2 Exhibit 2 - Getman Email 2/5/2010, #3 Exhibit 3 - Swinson Depo Exhibit #1, #4 Exhibit 4 - Swinson Consent to Sue, #5 Exhibit 5 - Swinson Withdrawal, #6 Exhibit 6 - Emails Regarding Depositions) (Willis, Robert) |
| Filing 328 Memorandum in Support re #327 MOTION to Strike #296 Answer to Complaint AFFIRMATIVE DEFENSES ALLEGED BY DEFENDANT filed by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit 1 - Unpublished Cases) (Willis, Robert) |
| Filing 327 MOTION to Strike #296 Answer to Complaint AFFIRMATIVE DEFENSES ALLEGED BY DEFENDANT by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit 1 - Unpublished Cases) (Willis, Robert) |
| Filing 326 Memorandum in Opposition re #315 MOTION for Protective Order filed by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit 1 - www.wattpoultryusa-digital.com, #2 Exhibit 2 - Matt Dunn Email, #3 Exhibit 3 - Robert Radwin Affidavit, #4 Supplement Dan Getman Declaration, #5 Supplement Richard Ward Declaration, #6 Supplement Robert Radwin Declaration) (Willis, Robert) |
| Filing 325 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte re #323 Memorandum in Opposition, Withdrawal of Motion (Willis, Robert) |
| Filing 324 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte re #322 Memorandum in Opposition, Withdrawal of Motion (Willis, Robert) |
| NOTICE OF DEFICIENCY re: #323 Memorandum in Opposition. Counsel failed to sign the document. Counsel must refile the document. (Heath, D.) |
| Filing 323 Memorandum in Opposition re #315 MOTION for Protective Order filed by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit 1 - www.wattpoultryusa-digital.com, #2 Exhibit 2 - Matt Dunn Email, #3 Exhibit 3 - Radwin Affidavit, #4 Supplement Dan Getman Declaration, #5 Supplement Richard Ward Declaration, #6 Supplement Robert Radwin Declaration) (Willis, Robert) |
| Filing 322 Memorandum in Opposition re #281 MOTION for Protective Order filed by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit 1 - www.wattpoultryusa-digital.com, #2 Exhibit 2 - Matt Dunn Email, #3 Exhibit 3 - Radwin Affidavit, #4 Supplement Dan Getman Declaration, #5 Supplement Richard Ward Declaration, #6 Supplement Robert Radwin Declaration) (Willis, Robert) |
| MOTIONS REFERRED: #285 MOTION TO TREAT AS CONTEMPT BUTTERBALLS FAILURE TO COMPLY WITH DISCOVERY ORDER re #283 Order on Motion to Compel forwarded to Judge Daniel for consideration. Motions referred to David W. Daniel. (Heath, D.) |
| NOTICE TO COUNSEL re: #322 Memorandum in Opposition. Please refer to #284 Notice/Withdrawal of Motion for Protective Order filed 12/23/2009 by counsel. Motion for Protective Order has been terminated from the case. (Heath, D.) |
| Filing 321 Memorandum in Support re #319 MOTION to Compel Discovery filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit Exhibit 1 - Butterball's Third Interrogatories to Martinez-Hernandez, #2 Exhibit Exhibit 2 - Butterball's Third Interrogatories to Aponte, #3 Exhibit Exhibit 3 - Plaintiffs' Objections and Responses to Butterball's Third Interrogatories, #4 Exhibit Exhibit 4 - Email string between counse, #5 Exhibit Exhibit 5 - Robert Willis December 6, 2009 email, #6 Exhibit Exhibit 6 - Robert Willis December 8, 2009 email, #7 Exhibit Exhibit 7 - Robert Willis December 23, 2009 email, #8 Exhibit Exhibit 8 - Eric Magnus January 22, 2010 email, #9 Exhibit Exhibit 9 - Robert Willis January 22, 2010 email, #10 Exhibit Exhibit 10 - Todd Van Dyke January 25, 2010 email, #11 Exhibit Exhibit 11 - Part 1 of unreported cases, #12 Exhibit Exhibit 11 - Part 2 of unreported cases) (Capobianco, Robert) |
| Filing 320 MOTION to Compel Memorandum in Support of by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit Butterball's Third Interrogatories to Martinez-Hernandez, #2 Exhibit Butterball's Third Interrogatories to Aponte, #3 Exhibit Plaintiffs' Objections and Responses to Butterball's Third Interrogatories, #4 Exhibit String of emails between counsel, #5 Exhibit Robert Willis December 6, 2009 email, #6 Exhibit Robert Willis December 8, 2009 email, #7 Exhibit Robert Willis December 23, 2009 email, #8 Exhibit Eric Magnus January 22, 2010 email, #9 Exhibit Robert Willis January 22, 2010 email, #10 Exhibit Todd Van Dyke January 25, 2010 email, #11 Exhibit Part 1 of Exhibit 11- Unreported Cases, #12 Exhibit Part 2 of Exhibit 11 - Unreported Cases) (Capobianco, Robert) |
| Filing 319 MOTION to Compel Discovery by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Capobianco, Robert) |
| NOTICE OF DEFICIENCY re: #320 Motion to Compel. Counsel used a motion event to docket the Memorandum in Support of the Motion to Compel. MOTION EVENTS SHOULD ONLY BE USED WHEN DOCKETING A MOTION. Counsel should refile the memorandum using the event "Memorandum In Support" located under the responses and replies option on the main menu. Case manager will terminate the motion created by using this event so the motion will not show up on the judges report. (Heath, D.) |
| Filing 318 RESPONSE re #287 Appeal of Magistrate Judge Decision to District Court filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Van Dyke, Christopher) |
| Filing 317 NOTICE of Appearance by Robert W. Capobianco on behalf of Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.) (Capobianco, Robert) |
| Filing 316 Memorandum in Support re #315 MOTION for Protective Order filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit 1--Second Amended Notice for Inspection, #2 Exhibit 2--Email dated January 7, 2010, #3 Exhibit 3--Third Notice and Request for Inspection, #4 Exhibit 4--Email dates January 27, 2010, #5 Exhibit 5--Email of January 21, 2010) (Owens, L.) |
| Filing 315 MOTION for Protective Order by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Owens, L.) |
| NOTICE OF DEFICIENCY re: #312 Notice of Appearance. Counsel should refile the Notice of Appearance as the caption reads "Notice of Entry of Appearance by Robert W. Capobianco" and the body of the document reads "Attorney C. Todd Van Dyke" enters his appearance. It appears a separate Notice of Appearance was filed on behalf of attorney C. Todd Van Dyke #313 . (Heath, D.) |
| NOTICE TO COUNSEL - Counsel is reminded pursuant to Local Rule 26.1(a) discovery materials are not to be filed with the Court, but must be served on other counsel or parties entitled to service of papers filed with the clerk. (Heath, D.) |
| Filing 314 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte re #266 Appeal of Magistrate Judge Decision to District Court, OF FILING SWORN DECLARATIONS IN SUPPORT OF OBJECTIONS TO DISCOVERY ORDER (DOC. 261) (Attachments: #1 Affidavit Sworn Declaration - William Eppinette, #2 Affidavit Sworn Declaration - Jonathan Cunningham) (Willis, Robert) |
| Filing 313 NOTICE of Appearance by Christopher T. Van Dyke on behalf of Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.) (Van Dyke, Christopher) |
| Filing 312 NOTICE of Appearance by L. Dale Owens on behalf of Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.) (Owens, L.) |
| Filing 311 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte OF DEPONENT MARY HODGES OBJECTIONS TO COMMAND TO PRODUCE DOCUMENTS (Attachments: #1 Supplement Rule 45 Documents) (Willis, Robert) |
| Filing 310 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte OF DEPONENT ANNIE WILLIAMS OBJECTIONS TO COMMAND TO PRODUCE DOCUMENTS (Attachments: #1 Supplement Rule 45 Documents) (Willis, Robert) |
| Filing 309 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte OF DEPONENT YOLANDA SALINAS OBJECTIONS TO COMMAND TO PRODUCE DOCUMENTS (Attachments: #1 Supplement Rule 45 Documents) (Willis, Robert) |
| Filing 308 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte OF DEPONENT RICO HILLS OBJECTIONS TO COMMAND TO PRODUCE DOCUMENTS (Attachments: #1 Supplement Rule 45 Documents) (Willis, Robert) |
| Filing 307 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte OF DEPONENT SAYDA SUYAPA SWINSON III OBJECTIONS TO COMMAND TO PRODUCE DOCUMENTS (Attachments: #1 Supplement Rule 45 Documents) (Willis, Robert) |
| Filing 306 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte OF DEPONENT ERICA MORRIS OBJECTIONS TO COMMAND TO PRODUCE DOCUMENTS (Attachments: #1 Supplement Rule 45 Documents) (Willis, Robert) |
| Filing 305 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte OF DEPONENT RUDOLPH PEACOCKS OBJECTIONS TO COMMAND TO PRODUCE DOCUMENTS (Attachments: #1 Supplement Rule 45 Documents) (Willis, Robert) |
| Filing 304 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte OF DEPONENT SHAMIKA MORISSEYS OBJECTIONS TO COMMAND TO PRODUCE DOCUMENTS (Attachments: #1 Supplement Rule 45 Documents) (Willis, Robert) |
| Filing 303 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte OF DEPONENT CATHERINE PICKETTS OBJECTIONS TO COMMAND TO PRODUCE DOCUMENTS (Attachments: #1 Supplement Rule 45 Documents) (Willis, Robert) |
| Filing 302 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte OF DEPONENT BARBARA GIBBSS OBJECTIONS TO COMMAND TO PRODUCE DOCUMENTS (Attachments: #1 Supplement Rule 45 Documents) (Willis, Robert) |
| Filing 301 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte OF DEPONENT HEMERENCIANA SWINSONS OBJECTIONS TO COMMAND TO PRODUCE DOCUMENTS (Attachments: #1 Supplement Rule 45 Documents) (Willis, Robert) |
| #287 Appeal of Magistrate Judge Decision forwarded to Judge Howard. (Heath, D.) |
| Filing 300 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte DEPONENT LUIS CANONGO-CAMANOS OBJECTIONS TO COMMAND TO PRODUCE DOCUMENTS (Attachments: #1 Supplement Rule 45 Documents) (Willis, Robert) |
| Filing 299 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte DEPONENT JAMES McCOYS OBJECTIONS TO COMMAND TO PRODUCE DOCUMENTS (Attachments: #1 Supplement Rule 45 Documents) (Willis, Robert) |
| Filing 298 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte OF DEPONENT BESSIE THOMPSONS OBJECTIONS TO COMMAND TO PRODUCE DOCUMENTS (Attachments: #1 Supplement Rule 45 Documents) (Willis, Robert) |
| Filing 297 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte OF DEPONENT JANIE MILLERS OBJECTIONS TO COMMAND TO PRODUCE DOCUMENTS (Attachments: #1 Supplement Rule 45 Documents) (Willis, Robert) |
| Filing 296 Amended ANSWER to Complaint Pursuant to the Court's Order of January 20, 2010 by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Owens, L.) |
| Filing 295 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte OF DEPONENT KELTON LEES OBJECTIONS TO COMMAND TO PRODUCE DOCUMENTS (Attachments: #1 Supplement Rule 45 Documents) (Willis, Robert) |
| Filing 294 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte OF DEPONENT PAMELA HOUSTONS OBJECTIONS TO COMMAND TO PRODUCE DOCUMENTS (Attachments: #1 Supplement Rule 45 Documents) (Willis, Robert) |
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Filing 293
ORDER granting #239 Motion to Amend Answer. The defendant is DIRECTED to file its Amended Answer. Counsel served. Signed by USMJ David W. Daniel on 1/20/2010. (Heath, D.)
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| Filing 292 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte OF DEPONENTS JENNIE SUGGS MYERS OBJECTIONS TO COMMAND TO PRODUCE DOCUMENTS (Attachments: #1 Supplement Rule 45 Documents) (Willis, Robert) |
| Filing 291 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte OF DEPONENTS CAROLYN LEONARDS OBJECTIONS TO COMMAND TO PRODUCE DOCUMENTS (Attachments: #1 Supplement Rule 45 Documents) (Willis, Robert) |
| Filing 290 RESPONSE to Motion re #285 MOTION TO TREAT AS CONTEMPT BUTTERBALLS FAILURE TO COMPLY WITH DISCOVERY ORDER re #283 Order on Motion to Compel, and Response to Plaintiffs' Notice of Objections filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Owens, L.) |
| Filing 289 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte of Filing Consent to Sue Form (Attachments: #1 Supplement Consent to Sue - Jacobs, Tiffany) (Willis, Robert) |
| Filing 288 Memorandum in Support re #287 Appeal of Magistrate Judge Decision to District Court filed by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Supplement Helmert v. Butterball, LLC, #2 Supplement Jason Frank, et al. v. Goldn Plump Poultry, Inc. ("Frank I"), #3 Supplement Lewis v. Smithfield Packing Co., Inc., #4 Supplement Jason Frank, et al. v. Goldn Plump Poultry, Inc. ("Frank II"), #5 Supplement Metric Constr., Inc. v. The Bank of Tokyo-Mitsubishi, Ltd.) (Willis, Robert) |
| Filing 287 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Liliana Martinez-Hernandez, Ulda Aponte re #283 Order on Motion to Compel, (Willis, Robert) |
| Filing 286 Memorandum in Support re #285 MOTION TO TREAT AS CONTEMPT BUTTERBALLS FAILURE TO COMPLY WITH DISCOVERY ORDER re #283 Order on Motion to Compel, filed by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit 1 - Emails 12-21-09 to 12-29-09, #2 Exhibit 2 - Notice of Deposition for Butterball, LLC, #3 Supplement Hockler v. Lichtman, #4 Supplement Daggs v. Lexington Ins. Co) (Willis, Robert) |
| Filing 285 MOTION TO TREAT AS CONTEMPT BUTTERBALLS FAILURE TO COMPLY WITH DISCOVERY ORDER re #283 Order on Motion to Compel, by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit 1 - Emails 12-21-09 to 12-29-09) (Willis, Robert) |
| Filing 284 NOTICE by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.) re #281 MOTION for Protective Order --Withdrawal of Motion (Owens, L.) |
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Filing 283
ORDER granting in part and denying in part #240 Motion to Compel and granting in part and denying in part #254 Motion to Compel. Counsel see Order for details. Counsel served. Signed by USMJ David W. Daniel on 12/18/2009. (Heath, D.)
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| Filing 282 Memorandum in Support re #281 MOTION for Protective Order filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A--Plaintiffs' Rule 30(b)(6) Notice of Deposition as to IT, #2 Exhibit B--Defendant's Objections to Plaintiffs 30(b)(6) Notice of Deposition) (Owens, L.) |
| Filing 281 MOTION for Protective Order by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Owens, L.) |
| Filing 280 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte of Filing Consent to Sue Form (Attachments: #1 Supplement Consent to Sue - Raynor, Danielle) (Willis, Robert) |
| Filing 279 AMENDED DOCUMENT by Liliana Martinez-Hernandez, Ulda Aponte. Amendment to #266 Appeal of Magistrate Judge Decision to District Court, amended due to page 6 missing in original filing #266 caused by computer glitch. (Willis, Robert) |
| Motions Submitted: #251 MOTION for Judgment on the Pleadings forwarded to Judge Howard for consideration. (Heath, D.) |
| Filing 278 REPLY to Response to Motion re #251 MOTION for Judgment on the Pleadings filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Errata A - Unreported case, #2 Exhibit B - Email exchange between counsel regarding exemption) (Owens, L.) |
| Filing 277 RESPONSE re #267 Memorandum in Support Opposition to Objections to Magistrate Judge's Discovery Order filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit 1 Second Declaration of Ingram, #2 Exhibit 2 - Unreported Cases) (Owens, L.) |
| Filing 276 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte of Filing Consent to Sue Form (Attachments: #1 Supplement Consent to Sue - Miller, Linda) (Willis, Robert) |
| Filing 275 Minute Entry for proceedings held before USMJ David W. Daniel: Motion Hearing held on 11/30/2009 at the Courthouse Annex in Greenville re #262 MOTION for Oral Argument; #240 MOTION to Compel and #254 MOTION to Compel. Delsia Heath - Courtroom Clerk. Counsel for Plaintiff: Robert Willis. Counsel for Defendant: Mr. Munger, Atlanta Counsel and his client Gary Lenaghan. Court hears arguments. Written order to follow by the end of next week. Total Hearing Time: 1 1/2 hours. (Court Reporter FTR.) (Heath, D.) |
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Filing 274
ORDER granting #256 Motion to file plaintiffs' memorandum in support of plaintiffs' motion to compel production of documents and information for which discovery privilege claimed. It is further ORDERED that the Plaintiffs' motion to compel #256 shall not be filed under seal because no confidential information under the terms of the joint stipulation and order of confidentiality are filed as part of that motion. Counsel served. Signed by USMJ David W. Daniel on 11/23/2009. (Heath, D.)
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| MOTIONS REFERRED: #256 SEALED MOTION by Plaintiffs Liliana Martinez-Hernandez, Ulda Aponte forwarded to Judge Daniel for consideration. Motions referred to David W. Daniel. (Heath, D.) |
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Pursuant to the Order entered 11/23/2009 by Judge Daniel, case manager unsealed the Motion to File #256 and edited the docket text of the Memorandum In Support of Motion to Compel #265 to reflect the document is now Sealed. Counsel is reminded Motions to Seal should not be placed in a red envelope, which indicates the document is under seal, unless the motion itself contains confidential information. Only the document counsel is requesting to seal should be placed in a red envelope. (Heath, D.)
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| Filing 273 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte re #254 MOTION to Compel Production of Documents and Information for which Discovery Privilege Claimed of Filing Corrected Exhibit 5 (Attachments: #1 Exhibit 5 - Emails & Ltr 8-14- 9 to 9-18- 9 (Corrected)) (Willis, Robert) |
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Filing 272
ORDER - The Court will hear the parties on the pending motions to compel on Monday, November 30, 2009 at 1:30 p.m. at the Courthouse Annex in Greenville. Counsel served. Calendar copy. Copy to Shannon, Weebie, Shelia, Lisa, James and CSO's. Signed by USMJ David W. Daniel on 11/18/2009. (Heath, D.)
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| Filing 271 NOTICE of Appearance by Eric R. Magnus on behalf of Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.) (Magnus, Eric) |
| Filing 270 NOTICE of Appearance by Eric R. Magnus on behalf of Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.) (Magnus, Eric) |
| Filing 269 NOTICE of Appearance by L. Dale Owens on behalf of Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.) (Attachments: #1 Cover Letter, #2 Envelope) (Atkinson, J.) |
| MOTIONS REFERRED: #262 MOTION for Oral Argument on Pending Motions and #254 MOTION to Compel forwarded to Judge Daniel for consideration. Motions referred to David W. Daniel. (Heath, D.) |
| Filing 268 Memorandum in Opposition re #251 MOTION for Judgment on the Pleadings filed by Liliana Martinez-Hernandez, Ulda Aponte. (Willis, Robert) |
| Filing 267 Memorandum in Support re #266 Appeal of Magistrate Judge Decision to District Court, filed by Liliana Martinez-Hernandez, Ulda Aponte. (Willis, Robert) |
| Filing 266 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Liliana Martinez-Hernandez, Ulda Aponte re #261 Order on Motion to Compel,, Order on Motion for Extension of Time to Complete Discovery, (Attachments: #1 Exhibit 1 - Plaintiffs Second Notice of and Request for Entry and Inspection, #2 Supplement Bohan v. Hudson) (Willis, Robert) |
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Filing 265
**SEALED - PER ORDER OF 11/23/2009 BY JUDGE DANIEL** Memorandum in Support of #256 Motion to Compel by Plaintiffs Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit 5-1 Memo dated 8/14/2009, etc...., #2 Exhibit 5-2 Continuation of 5-1 Exhibit, #3 Exhibit 9 Memo date 1/26/2006, #4 Exhibit 10 Memo dated 12/7/2005, #5 Exhibit 11-1 Westlaw Cites, etc...., #6 Exhibit 11-2 Documents from District of Minnesota, #7 Exhibit 11-3 Continuation of Documents from District of Minnesota, #8 Exhibit 12 Affdavit, #9 Cover Letter) (Heath, D.)
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| Filing 264 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte of Filing Consent to Sue Forms (Attachments: #1 Supplement Consent to Sue - Ammons, Roberta, #2 Supplement Consent to Sue - Bryant, Anthony, #3 Supplement Consent to Sue - Montalban, Santos, #4 Supplement Consent to Sue - Rodriguez, Minerva) (Willis, Robert) |
| Filing 263 RESPONSE in Opposition re #254 MOTION to Compel Production of Documents and Information for which Discovery Privilege Claimed filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A - Ingram Deposition Excerpts, #2 Exhibit B - Gay Lenaghan Declaration, #3 Exhibit C - Suzanne Alford Declaration, #4 Exhibit D - Unreported Case, #5 Exhibit E - Unreported Case, #6 Exhibit F - Unreported Case, #7 Exhibit G - Order in Hudson v. Butterball) (Owens, L.) |
| Filing 262 MOTION for Oral Argument on Pending Motions re #240 MOTION to Compel PRODUCTION OF UNPRIVILEGED DOCUMENTS, #254 MOTION to Compel Production of Documents and Information for which Discovery Privilege Claimed by Liliana Martinez-Hernandez, Ulda Aponte. (Willis, Robert) |
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Filing 261
ORDER denying #235 Motion to Compel; granting in part and denying in part #257 Motion for Extension of Time to Complete Discovery. Defendant's motion for attorney's fees is denied. Discovery due 2/26/2010. Motions due 3/26/2010. Jury trial continued to 8/16/2010 term. Counsel served electronically. Signed by USMJ David W. Daniel on 11/3/2009. (Heath, D.)
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| MOTIONS REFERRED: #257 MOTION for Extension of Time to Complete Discovery forwarded to Judge Daniel for consideration. Motions referred to David W. Daniel. (Heath, D.) |
| Filing 260 Memorandum in Support re #257 MOTION for Extension of Time to Complete Discovery filed by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit Exhibit 1 Emails Dated 10/26/09, #2 Exhibit Exhibit 2 Email dated 10/26/09, #3 Exhibit Exhibit 3 Letters dated 10/5/09, 10/14/09, and 10/23/09 with attachment, #4 Exhibit Exhibit 4 emails dated 7/23/09, #5 Exhibit Exhibit 5 emails dated 10/15/09) (Willis, Robert) |
| Filing 259 RESPONSE in Opposition re #257 MOTION for Extension of Time to Complete Discovery filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit 1 - October 23, 2009 Email from M. Dunn, #2 Exhibit 2 - October 26, 2009 Letter from S. Alford) (Owens, L.) |
| NOTICE OF DEFICIENCY re: #258 Memorandum in Support. Counsel is directed to refile the memorandum in support. Counsel failed to identify the attached exhibits as required in the Court's Electronic Policy and Procedure Manual. (Heath, D.) |
| Filing 258 Memorandum in Support re #257 MOTION for Extension of Time to Complete Discovery filed by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Willis, Robert) |
| Filing 257 MOTION for Extension of Time to Complete Discovery by Liliana Martinez-Hernandez, Ulda Aponte. (Willis, Robert) |
| Filing 256 MOTION by Plaintiffs Liliana Martinez-Hernandez, Ulda Aponte to file plaintiffs' memorandum of law in support of plaintiffs' motion to compel production of documents and information for which discovery privilege claimed under seal. (Attachments: #1 Proposed Sealed Order) (Heath, D.) |
| Filing 253 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Withdrawal of Motion to File Plaintiffs' Motion to Compel Under Seal (Willis, Robert) |
| Filing 255 SEALED MOTION by Plaintiffs Liliana Martinez-Hernandez, Ulda Aponte to file plaintiffs' motion to compel production of documents and information for which discovery privilege claimed under seal. (Attachments: #1 Sealed Proposed Order) (Heath, D.) |
| Filing 254 MOTION to Compel Production of Documents and Information for which Discovery Privilege Claimed by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit 1 - Document Request, #2 Exhibit 2 - Response to Plaintiff's second request of documents, #3 Exhibit 3 - Response to Plaintiff's third request of documents, #4 Exhibit 4 - Butterball's response to First Rule 33, #5 Exhibit 5 - Emails & Ltr 8-14- 9 to 9-18- 9, #6 Exhibit 6 - Plaintiff's First Rule 33, #7 Exhibit 7 - Maxwell Farms response to First Rule 33, #8 Exhibit 8 - Maxwell Farms LLC Corporate Docs) (Willis, Robert) |
| Filing 252 Memorandum in Support re #251 MOTION for Judgment on the Pleadings filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A Email Communications, #2 Exhibit B Plaintiffs' Disclosures Under Rule 26(a)(1)) (Owens, L.) |
| Filing 251 MOTION for Judgment on the Pleadings by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Owens, L.) |
| MOTIONS REFERRED: #240 MOTION to Compel PRODUCTION OF UNPRIVILEGED DOCUMENTS forwarded to Judge Daniel for consideration. Motions referred to David W. Daniel. (Heath, D.) |
| Filing 250 RESPONSE in Opposition re #240 MOTION to Compel PRODUCTION OF UNPRIVILEGED DOCUMENTS filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit 1 Order, #2 Exhibit 2 Hudson Requests for Production, #3 Exhibit 3 Order, #4 Exhibit 4 Deposition of Karen Ingram, #5 Exhibit 5 Third Declaration of Karen Ingram, #6 Exhibit 6 Salazar Protective Order, #7 Exhibit 7 Helmert Protective Order, #8 Exhibit 8 Hudson Protective Order) (Owens, L.) |
| MOTIONS REFERRED: #239 Corrected MOTION to Amend/Correct Answer and Incorporated Memorandum of Law in Support forwarded to Judge Daniel for consideration. Motions referred to David W. Daniel. (Heath, D.) |
| Filing 249 REPLY to Response to Motion re #239 Corrected MOTION to Amend/Correct Answer and Incorporated Memorandum of Law in Support filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit 1 - Plaintiffs' Third Request for Production of Documents, #2 Exhibit 2 - Defendant Butterball's Responses and Objections to Plaintiffs' Third Request for Production of Documents, #3 Exhibit 3 - Email from R. Willis to S. Alford, D. Owens and S. Munger, July 7, 2009, #4 Exhibit 4 - Letter from S. Alford to R. Willis, D. Getman, and M. Dunn, July 9, 2009, #5 Exhibit 5 - Excerpts of Deposition of Karen Ingram, #6 Exhibit 6 - Unpublished Cases) (Owens, L.) |
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Filing 248
ORDER granting #247 Motion for Extension of Time to File Response to motion to compel by 10/19/2009. Counsel served electronically. Signed by USMJ David W. Daniel on 10/7/2009. (Heath, D.)
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| Filing 247 Consent MOTION for Extension of Time to File Response/Reply as to #240 MOTION to Compel PRODUCTION OF UNPRIVILEGED DOCUMENTS by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Text of Proposed Order) (Owens, L.) |
| MOTIONS REFERRED: #247 Consent MOTION for Extension of Time to File Response MOTION to Compel forwarded to Judge Daniel for consideration. Motions referred to David W. Daniel. (Heath, D.) |
| Filing 246 SEALED Exhibit 5 in support of plaintiff's Motion to Compel Production of Unprivileged Documents filed by Plaintiffs Liliana Martinez-Hernandez, Ulda Aponte. (Heath, D.) |
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Filing 245
ORDER granting #242 Motion for Leave to File Document Under Seal. Counsel served by NEF. Signed by USMJ David W. Daniel on 9/24/2009. (Heath, D.)
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| Filing 244 Memorandum in Opposition re #238 MOTION to Amend/Correct Answer and Incorporated Memorandum of Law in Support, #239 Corrected MOTION to Amend/Correct Answer and Incorporated Memorandum of Law in Support filed by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit 1 - Butterball Privilege Log, #2 Exhibit 2 - Cases) (Willis, Robert) |
| MOTIONS REFERRED: #242 MOTION for Leave to File document under seal forwarded to Judge Daniel for consideration. Motions referred to David W. Daniel. (Heath, D.) |
| NOTICE TO COUNSEL - For future reference, counsel MUST file a Motion to Seal rather than a Notice of Filing when asking the Court to seal a document or the document will be refused. (Heath, D.) |
| Filing 243 PROPOSED SEALED Document: by Plaintiffs Liliana Martinez-Hernandez and Ulda Aponte re #242 MOTION for Leave to File Document Under Seal. (Attachments: #1 Proposed Order) (Heath, D.) |
| Filing 242 MOTION (Filed as a Notice of Filing) for Leave to File document under seal by Liliana Martinez-Hernandez, Ulda Aponte. (Heath, D.) |
| Filing 241 Memorandum in Support re #240 MOTION to Compel PRODUCTION OF UNPRIVILEGED DOCUMENTS filed by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit 2 - Butterball's Response to Plaintiffs Second Request for Production of Documents, #2 Exhibit 4 - Butterball Statement of Material Undisputed Facts, #3 Exhibit 6 - Helmert Summary Judgment, #4 Exhibit 7 - Declaration Louis Maxwell, #5 Exhibit 8 - Hudson Summary Judgment, #6 Exhibit 9 - Unpublished decisions) (Willis, Robert) |
| Filing 240 MOTION to Compel PRODUCTION OF UNPRIVILEGED DOCUMENTS by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit 1 - Plaintiffs Second Request for Production of Documents, #2 Exhibit 2 - Butterball's Response to Plaintiffs Second Request for Production of Documents, #3 Exhibit 3 - Emails/correspondence between counsels) (Willis, Robert) |
| Filing 239 Corrected MOTION to Amend/Correct Answer and Incorporated Memorandum of Law in Support by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Proposed Amended Answer) (Owens, L.) |
| NOTICE OF DEFICIENCY re: #238 Motion to Amend/Correct Answer. Counsel failed to sign and date the document. All electronically filed documents must include a signature block "/s/John Doe" and must be dated. Counsel is directed to page 13, Section J, of the Court's Electronic Policy and Procedure Manual. Counsel should refile the document. (Heath, D.) |
| Filing 238 MOTION to Amend/Correct Answer and Incorporated Memorandum of Law in Support by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Proposed Amended Answer) (Owens, L.) |
| Filing 237 RESPONSE in Opposition re #235 Corrected MOTION to Compel ENTRY AND INSPECTION AND ANSWER TO INTERROGATORIES filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit 1 - Second Declaration of Karen Ingram, #2 Exhibit 2 - Unpublished cases) (Owens, L.) |
| MOTIONS REFERRED: #235 Corrected MOTION to Compel ENTRY AND INSPECTION AND ANSWER TO INTERROGATORIES forwarded to Judge Daniel for consideration. Motions referred to David W. Daniel. (Heath, D.) |
| Filing 236 Memorandum in Support re #235 Corrected MOTION to Compel ENTRY AND INSPECTION AND ANSWER TO INTERROGATORIES filed by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit 1 - Liliana Martinez-Hernandez Declaration, #2 Exhibit 2 - Liliana Martinez-Hernandez 5th Declaration, #3 Exhibit 3 - Ulda Aponte 5th Declaration, #4 Exhibit 4 - Objections to Plaintiff's Notice of Inspection, #5 Exhibit 5 - Objections to Plaintiff's Second Interrogatories, #6 Exhibit 6 - Eugene Harrison Declaration, #7 Exhibit 7 - Email Meet and Confer, #8 Exhibit 8 - Kronos Document, #9 Supplement Jordan v. IBP, #10 Supplement Nauman v. Abbott Labs, #11 Supplement Dean v. New Werner Holding) (Willis, Robert) |
| Filing 235 Corrected MOTION to Compel ENTRY AND INSPECTION AND ANSWER TO INTERROGATORIES by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit 1 - Liliana Martinez-Hernandez Declaration, #2 Exhibit 2 - Liliana Martinez-Hernandez 5th Declaration, #3 Exhibit 3 - Ulda Aponte 5th Declaration, #4 Exhibit 4 - Objections to Plaintiff's Notice of Inspection, #5 Exhibit 5 - Objections to Plaintiff's Second Interrogatories, #6 Exhibit 6 - Eugene Harrison Declaration, #7 Exhibit 7 - Email Meet and Confer, #8 Exhibit 8 - Kronos Document, #9 Supplement Contreras v. Craven Crab) (Willis, Robert) |
| Filing 234 MOTION to Compel ENTRY AND INSPECTION AND ANSWER TO INTERROGATORIES by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit 1 - Liliana Martinez-Hernandez Declaration, #2 Exhibit 2 - Liliana Martinez-Hernandez 5th Declaration, #3 Exhibit 3 - Ulda Aponte 5th Declaration, #4 Exhibit 4 - Objections to Plaintiff's Notice of Inspection, #5 Exhibit 5 - Objections to Plaintiff's Second Interrogatories, #6 Exhibit 6 - Eugene Harrison Declaration, #7 Exhibit 7 - Email Meet and Confer, #8 Exhibit 8 - Kronos Document, #9 Supplement Jordan v. IBP, #10 Supplement Nauman v. Abbott Labs, #11 Supplement Dean v. New Werner Holding) (Willis, Robert) |
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Filing 233
ORDER - Plaintiffs submitted a "Consent Motion to Mail the Combined Rule 23 and FLSA Notices by March 12, 2009". The Court has reviewed the submission. Plaintiff shall have until March 12, 2009 to mail the Spanish and English versions of the Notice of Lawsuit, Consent to be a party plaintiff and opt-out form to be excluded from the class action. Counsel served by NEF. Signed by Senior Judge Malcolm J. Howard on 7/13/2009. (Heath, D.)
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| Filing 232 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte of Filing Consent to Sue Forms (Attachments: #1 Supplement Consent to Sue - Ammons, Junie, #2 Supplement Consent to Sue - Graham, LaShauna S., #3 Supplement Consent to Sue - Mewborn, Nichelle, #4 Supplement Consent to Sue - Reddish, Cadedra) (Willis, Robert) |
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Filing 231
ORDER - This matter is before the court with regard to Plaintiff's Motion to Compel Time and Payroll Documents [DE 221]. In light of the Stipulation filed by the parties and signed by the court, the Motion to Compel is DISMISSED as MOOT. Counsel served by NEF. Signed by USMJ David W. Daniel on 6/24/2009. (Heath, D.)
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| Filing 230 STIPULATION CONCERNING PLAINTIFFS' MOTION TO COMPEL TIME AND PAYROLL DOCUMENTS BY JUNE 26, 2009 - The parties request that the Court "So Order" this stipulation to resolve plaintiffs' motion and supporting memorandum to compel time and payroll documents by June 26, 2009. Butterball shall produce by July 7, 2009, to Getman & Sweeney, PLLC, and the Law Office of Robert J. Willis, the following documents and electronically stored information in Excel, or a comparable format: (see Order for details.) In consideration for Butterball's agreement and the Court so ordering this stipulation, plaintiffs withdraw their motion to compel. Counsel served by NEF. Signed by David W. Daniel, United States Magistrate Judge(Heath, D.) |
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Filing 229
ORDER granting #218 Motion for Protective Order. Counsel served by NEF. Signed by USMJ David W. Daniel on 6/24/2009. (Heath, D.)
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Filing 227
ORDER FROM THE DISTRICT OF MINNESOTA - remitting enforcement of a Subpoena Duces Tecum issued by Liliana Martinez-Hernandez, et al to Joseph T. Snodgrass and the law firm of Larson King, LLP to the United States District Court for the Eastern District of North Carolina. All action taken by the District of Minnesota is stayed pending the decision of the United States District Court for the Eastern District of North Carolina. Signed by Judge Franklin L. Noel, United States Magistrate Judge, on 6/16/2009. (Heath, D.)
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| MOTIONS REFERRED: #221 MOTION to Compel and Supporting Memorandum to Compel Time and Payroll Documents by June 26, 2009 and #218 MOTION for Protective Order and #226 related Stipulation forwarded to Judge Daniel for consideration. Motions referred to David W. Daniel. (Heath, D.) |
| MOTIONS REFERRED: #221 MOTION to Compel and Supporting Memorandum to Compel Time and Payroll Documents by June 26, 2009 and #218 MOTION for Protective Order forwarded to Judge Daniel for consideration. Motions referred to David W. Daniel. (Heath, D.) |
| Filing 228 SEALED Document: by Plaintiffs Liliana Martinez-Hernandez, Ulda Aponte re #218 MOTION for Protective Order. Attachments: #1 Plaintiffs Response, #2 Exhibit 5 to Response, #3 Proposed Order) (Heath, D.) |
| Filing 226 STIPULATION re #221 MOTION to Compel and Supporting Memorandum to Compel Time and Payroll Documents by June 26, 2009 by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Owens, L.) |
| Filing 225 RESPONSE in Opposition re #218 MOTION for Protective Order filed by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit 1 - Authority, #2 Exhibit 2 - Salazar v. Butterball, Inc., #3 Exhibit 3 - Hudson v. Butterball, Inc., #4 Exhibit 4 - Lenaghan Declaration, #5 Exhibit 6 - Stipulation, #6 Exhibit 7 - Depo of C. Howerton, #7 Exhibit 8 - ECF Printout, #8 Exhibit 9 - Discovery Demand, #9 Supplement Declaration of Matt Dunn) (Willis, Robert) |
| Filing 224 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte of Filing of Opt Out Forms (Attachments: #1 Supplement Opt Out Form - Aguilar-M., Santos, #2 Supplement Opt Out Form - Alphin, Travis, #3 Supplement Opt Out Form - Bobo, Ricky, #4 Supplement Opt Out Form - Calderon-Medrano, Ma. Guadalupe, #5 Supplement Opt Out Form - Hodges, Patricia Verdell, #6 Supplement Opt Out Form - Limon, Andrew J., #7 Supplement Opt Out Form - Medina, Esteban, #8 Supplement Opt Out Form - Murphy, Johnny Ray, #9 Supplement Opt Out Form - Rexilus, Lisa Arlene, #10 Supplement Opt Out Form - Strickland, Antonio, #11 Supplement Opt Out Form - Vargas, Raul, #12 Supplement Opt Out Form - Whichard, Stuart T., #13 Supplement Opt Out Form - Zepeda, Maria G.) (Willis, Robert) |
| Filing 223 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte of Filing Consent to Sue Forms (Attachments: #1 Supplement Consent to Sue - Braxton, Davette S., #2 Supplement Consent to Sue - Evans, Kenneth, #3 Supplement Consent to Sue - Jessup, Gary F., #4 Supplement Consent to Sue - Rattley, Romonte, #5 Supplement Consent to Sue - Whitfield, LaShonda D.) (Willis, Robert) |
| Filing 222 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte of Filing Consent to Sue Forms (Attachments: #1 Supplement Consent to Sue - Arteaga, Jr., Eliseo, #2 Supplement Consent to Sue - Bell, Felicia, #3 Supplement Consent to Sue - Carlton, Dewana L., #4 Supplement Consent to Sue - Carlton, Liber, #5 Supplement Consent to Sue - Castellanos, Amanda, #6 Supplement Consent to Sue - Cobb, Benita B., #7 Supplement Consent to Sue - Cox, Vincent, #8 Supplement Consent to Sue - Dawson, Barbara, #9 Supplement Consent to Sue - Franklin, Charneice, #10 Supplement Consent to Sue - Franklin, Sharon, #11 Supplement Consent to Sue - Garcia, Carlos, #12 Supplement Consent to Sue - Graham, Diane, #13 Supplement Consent to Sue - Gray, Brandon L., #14 Supplement Consent to Sue - Green, Lee Andrew, #15 Supplement Consent to Sue - Hill, Rico, #16 Supplement Consent to Sue - Holmes, James Earl, #17 Supplement Cosent to Sue - Ingram, Kent, #18 Supplement Consent to Sue - James, Bernice, #19 Supplement Consent to Sue - Jefferson, Jr., Michael, #20 Supplement Consent to Sue - Johnson, Shirley, #21 Supplement Consent to Sue - Keith, Verina, #22 Supplement Cosent to Sue - Kornegay, Latoya M., #23 Supplement Consent to Sue - LaSalle, Terressa, #24 Supplement Consent to Sue - Lawrence, Jessica, #25 Supplement Consent to Sue - Lawson, Jr., Bobby Lee, #26 Supplement Cosent to Sue - Leonard, Carolyn, #27 Supplement Cosent to Sue - Lewis, Shannon C., #28 Supplement Consent to Sue - Mitchell, Gloria, #29 Supplement Consent to Sue - Moreno, Enedelia G., #30 Supplement Consent to Sue - Morris, Erica, #31 Supplement Consent to Sue - Nava, Lorenzo G., #32 Supplement Consent to Sue - Owens, Larry W., #33 Supplement Consent to Sue - Parker, Evelyn Shevera, #34 Supplement Consent to Sue - Peters, Donald Allen, #35 Supplement Cosent to Sue - Peters, Margaret M., #36 Supplement Consent to Sue - Quinn, Marcus Lawrence, #37 Supplement Consent to Sue - Romero, Laura Parker, #38 Supplement Consent to Sue - Salinas, Yolanda, #39 Supplement Consent to Sue - Smith, Benjamin A., #40 Supplement Consent to Sue - Smith, Kamaria, #41 Supplement Consent to Sue - Swinson, Sayda Suyapa, #42 Supplement Consent to Sue - Tate, Gwendolyn, #43 Supplement Consent to Sue - Vega-Castro, Hugo, #44 Supplement Consent to Sue - Waters, Jimmie, #45 Supplement Consent to Sue - Wells, Clementine, #46 Supplement Consent to Sue - Wilson, Tokovia, #47 Supplement Consent to Sue - Yeomans, Adron A., #48 Supplement Consent to Sue - Zamora, Jose) (Willis, Robert) |
| Filing 221 MOTION to Compel and Supporting Memorandum to Compel Time and Payroll Documents by June 26, 2009 by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit 1 - Discovery Request, #2 Exhibit 2 - Punch Detail History Ulda Aponte, #3 Exhibit 3 - March 20 Email, #4 Exhibit 4 - May 13 Email, #5 Exhibit 5 - May 27 Email, #6 Exhibit 6 - Second May 27 Email, #7 Exhibit 7 - May 29 Email, #8 Supplement Declaration of Matthew Dunn, #9 Supplement Declaration of Michael Russo) (Willis, Robert) |
| Filing 220 Memorandum in Support of Motion for Protective Order filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit 1 - Subpoena, #2 Exhibit 2 - Complaints, #3 Exhibit 3 - Hudson v. Butterball LLC Joint Stipulation of Confidentiality and Protective Order, #4 Exhibit 4 - Helmert v. Butterball, LLC Joint Stipulation and Order of Confidentiality, #5 Exhibit 5 - Salazar v. Butterball, LLC, Protective Order, #6 Exhibit 6 - Email from Dunn to Owens and attached subpoenas, #7 Exhibit 7 - Email from Alford to Dunn, #8 Exhibit 8 - Unpublished cases) (Owens, L.) |
| NOTICE OF DEFICIENCY re: #219 Memorandum in Support. Counsel failed to identify the exhibits attached to the memorandum. Each exhibit must be identified by name and not marked as an exhibit only. Counsel should refile the document. (Heath, D.) |
| Filing 219 Memorandum in Support of Motion for Protective Order filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8) (Owens, L.) |
| Filing 218 MOTION for Protective Order by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Owens, L.) |
| Filing 217 SELECTION OF Hunter Hughes as mediator. (Owens, L.) |
| NOTICE OF DEFICIENCY re: #216 Notice-(other). Counsel is directed to refile the document Selection of Mediator using the correct event "Selection of Mediator" and correct the caption portion of the certificate of service page attached to the document. (Heath, D.) |
| Filing 216 NOTICE by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.) Joint Notice of Selection of Mediator (Owens, L.) |
| Filing 215 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte of Filing Consent to Sue Forms (Attachments: #1 Supplement Consent to Sue - Armwood, Jasmin D., #2 Supplement Consent to Sue - Aycock, Stephen, #3 Supplement Consent to Sue - Bailey, Trae D., #4 Supplement Consent to Sue - Bell, Margaret Smith, #5 Supplement Consent to Sue - Best, Latona, #6 Supplement Consent to Sue - Blackwell, Antwan L., #7 Supplement Consent to Sue - Blue, Sasha, #8 Supplement Consent to Sue - Boney, Davian, #9 Supplement Consent to Sue - Boney, La-Misha, #10 Supplement Consent to Sue - Brinson, Luchelle A., #11 Supplement Consent to Sue - Bryant, Brenda Ann, #12 Supplement Consent to Sue - Conyers, Jackie, #13 Supplement Consent to Sue - Cox, Vincent, #14 Supplement Consent to Sue - Creswell, Emilio, #15 Supplement Consent to Sue - Davis, Chiquita White, #16 Supplement Consent to Sue - Dawson, Barbara, #17 Supplement Consent to Sue - Dawson, James R., #18 Supplement Consent to Sue - Faison, Barbara M., #19 Supplement Consent to Sue - Faison, Dandrick Cleon, #20 Supplement Consent to Sue - Gonzalez, Jesus G., #21 Supplement Consent to Sue - Hill, Rico, #22 Supplement Consent to Sue - Hinnant, Jackie, #23 Supplement Consent to Sue - Jarmon, Bacardi, #24 Supplement Consent to Sue - Kelly, Sadie M., #25 Supplement Consent to Sue - Lee, Kelton, #26 Supplement Consent to Sue - Maclin, Michael C., #27 Supplement Consent to Sue - Martinez-Nava, Juan Manuel, #28 Supplement Consent to Sue - McNeill, Dwayne D., #29 Supplement Consent to Sue - Mercado-Perez, Linda R., #30 Supplement Consent to Sue - Moore, Brookie, #31 Supplement Consent to Sue - Moore, Wyatt Anthony, #32 Supplement Consent to Sue - Moreno, Flora Estela, #33 Supplement Consent to Sue - Moyett-Perez, Roberto, #34 Supplement Consent to Sue - Novak, Joraci I., #35 Supplement Consent to Sue - Owens, Eric M., #36 Supplement Consent to Sue - Palacios-Ascencio, Adiel, #37 Supplement Consent to Sue - Phillips, Quaashon, #38 Supplement Consent to Sue - Pickett, Catherine M., #39 Supplement Consent to Sue - Raynor, Catrina, #40 Supplement Consent to Sue - Ruffin, Quentin J., #41 Supplement Consent to Sue - Saucedo-Avellaneda, Yolanda, #42 Supplement Consent to Sue - Stringfield, Morris, #43 Supplement Consent to Sue - Sutton, Jr., James, #44 Supplement Consent to Sue - Taylor, Deangelo, #45 Supplement Consent to Sue - Wallace, Jacqueline, #46 Supplement Consent to Sue - Watkins, Vera D., #47 Supplement Consent to Sue - Williams, Antonio, #48 Supplement Consent to Sue - Williams, Clarissa R., #49 Supplement Consent to Sue - Wilson, Jacqueline, #50 Supplement Consent to Sue - Woodard, Tiffany Monique, #51 Supplement Consent to Sue - Wooten, Rodney) (Willis, Robert) |
| Filing 214 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte of Filing of Opt Out Forms (Attachments: #1 Supplement Opt Out Form - Bell, Jennifer, #2 Supplement Opt Out Form - Colon, Manuel A., #3 Supplement Opt Out Form - Correa, Vanessa Bonet, #4 Supplement Opt Out Form - De la Fuentes, Christee, #5 Supplement Opt Out Form - Hernandez, Esequiel Linares, #6 Supplement Opt Out Form - Howard, Alexander, #7 Supplement Opt Out Form - Latorre, Leesandra, #8 Supplement Opt Out Form - Monk, Cherry Lynn, #9 Supplement Opt Out Form - Rhodes, Kimberly, #10 Supplement Opt Out Form - Whaley, Carol J.) (Willis, Robert) |
| Filing 213 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte of Filing Consent to Sue Forms (Attachments: #1 Supplement Consent to Sue - Barnes, Johnny M., #2 Supplement Consent to Sue - Branch, Lauren, #3 Supplement Consent to Sue - Brown, Alonzo, #4 Supplement Consent to Sue - Carmona, Arquimidez P., #5 Supplement Consent to Sue - Clark, Cristina, #6 Supplement Consent to Sue - Cruz, Mary W., #7 Supplement Consent to Sue - Gibbs, Barbara A., #8 Supplement Consent to Sue - Herron, April, #9 Supplement Consent to Sue - James, Shekita Michelle, #10 Supplement Consent to Sue - Jones, Mario, #11 Supplement Consent to Sue - McCoy, James F., #12 Supplement Consent to Sue - Miller Keyonna S., #13 Supplement Consent to Sue - Moore, Venturia Demetrius, #14 Supplement Consent to Sue - Smith, Kent, #15 Supplement Consent to Sue - Simoneau, Crystal, #16 Supplement Consent to Sue - Taylor, Montrell, #17 Supplement Consent to Sue - Valles, Carlos Jos) (Willis, Robert) |
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Filing 212
SCHEDULING ORDER: Discovery due by 12/30/2009. Motions due by 1/29/2010. Jury Trial set for 6/14/2010 10:00 AM in Greenville - Courtroom before Senior Judge Malcolm J. Howard. Counsel served by NEF. Calendar Copy. Signed by USMJ David W. Daniel on 4/24/2009. (Heath, D.)
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| MOTIONS REFERRED: #209 MOTION for Discovery Plan Modification, #208 MOTION Entry of Class Discovery Plan, #210 Corrected MOTION for Discovery Plan Modification forwarded to Judge Daniel for consideration. Motions referred to David W. Daniel. (Heath, D.) |
| Filing 211 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte of Filing Consent to Sue Forms (Attachments: #1 Supplement Consent to Sue - Andino, Zamary, #2 Supplement Consent to Sue - Andrews, Mamie R., #3 Supplement Consent to Sue - Ballard, Christopher Alexander, #4 Supplement Consent to Sue - Blue, Kenya T., #5 Supplement Consent to Sue - Bowles Jr., Charles A., #6 Supplement Consent to Sue - Brinson, Patricia, #7 Supplement Consent to Sue - Brinson, Shelia Denise, #8 Supplement Consent to Sue - Bynum, Betty, #9 Supplement Consent to Sue - Crespo, Angelita, #10 Supplement Consent to Sue - Cummings, Janet P., #11 Supplement Consent to Sue - Dalrymple, Wannee, #12 Supplement Consent to Sue - Daniels, Babette N., #13 Supplement Consent to Sue - Flores-Osorio, Tammy S., #14 Supplement Consent to Sue - Glenn, Miriam, #15 Supplement Consent to Sue - Harper, James E., #16 Supplement Consent to Sue - Howington, Shannon, #17 Supplement Consent to Sue - Ingram, Lakisha, #18 Supplement Consent to Sue - James, Gary M., #19 Supplement Consent to Sue - Johnson, Carlotta, #20 Supplement Consent to Sue - Jones, Martha, #21 Supplement Consent to Sue - Kuhlmann, Margaret E., #22 Supplement Consent to Sue - Leak, Courtney, #23 Supplement Consent to Sue - McCullen, Keneshia, #24 Supplement Consent to Sue - Miller, Mona L., #25 Supplement Consent to Sue, #26 Supplement Consent to Sue - Mitchell, Janice L., #27 Supplement Consent to Sue - Moore, Tammy, #28 Supplement Consent to Sue - Osborne, Anthony E., #29 Supplement Consent to Sue - Raiford, Charles T., #30 Supplement Consent to Sue - Ray, Terry Ann, #31 Supplement Consent to Sue - Raynor, Valeri, #32 Supplement Consent to Sue - Russell-Smith, Norma Carol, #33 Supplement Consent to Sue - Segers, Charles Edward, #34 Supplement Consent to Sue - Simmons, Candy, #35 Supplement Consent to Sue - Suggs-Myers, Jennie M., #36 Supplement Consent to Sue - Tate, Jonathan Mashon, #37 Supplement Consent to Sue - Tatum, James, #38 Supplement Consent to Sue - Tatum, Shanequa, #39 Supplement Consent to Sue - Thompson, Bessie B., #40 Supplement Consent to Sue - Vincent, Tyrell, #41 Supplement Consent to Sue - Wallace, Herbert E., #42 Supplement Consent to Sue - Washington, Jamelle N., #43 Supplement Consent to Sue - Williams, Jimmy, #44 Supplement Consent to Sue - Williams, Marquis T., #45 Supplement Consent to Sue - Wilson, LaQuisha, #46 Supplement Consent to Sue - Young, Allen Michael) (Willis, Robert) |
| Filing 210 Corrected MOTION for Discovery Plan Modification by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Text of Proposed Order, #2 Exhibit Unreported Cases) (Owens, L.) |
| Filing 209 MOTION for Discovery Plan Modification by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Text of Proposed Order, #2 Exhibit Unpublished Cases) (Owens, L.) |
| Filing 208 MOTION Entry of Class Discovery Plan by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit Proposed Discovery Plan for Class, #2 Unreported cases) (Willis, Robert) |
| Filing 207 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte of Filing Consent to Sue Forms (Attachments: #1 Supplement Consent to Sue - Banda, Eligio, #2 Supplement Consent to Sue - Barahona, Blanca Edith, #3 Supplement Consent to Sue - Blunt, Pachino L., #4 Supplement Consent to Sue - Brown, Jefferson D., #5 Supplement Consent to Sue - Burton, Mary, #6 Supplement Consent to Sue - Butler, Krystal, #7 Supplement Consent to Sue - Carpenter, Patrillia, #8 Supplement Consent to Sue - Crisp, Shelia, #9 Supplement Consent to Sue - Darden, Stephanie Y., #10 Supplement Consent to Sue - Dawson, Latesha M., #11 Supplement Consent to Sue - Dillahunt, Doreco S., #12 Supplement Consent to Sue - Farrior, Andrea L., #13 Supplement Consent to Sue - Farrior, Tomeka K., #14 Supplement Consent to Sue - George, Trelace Ann, #15 Supplement Consent to Sue - George, Yolanda, #16 Supplement Consent to Sue - Glass, Terri L., #17 Supplement Consent to Sue - Griswold, Toni B., #18 Supplement Consent to Sue - Hooker, Brian Keith, #19 Supplement Consent to Sue - Jacobs, Jerry Lynn, #20 Supplement Consent to Sue - Judge, Jason M., #21 Supplement Consent to Sue - McMillan, Rickey, #22 Supplement Consent to Sue - Miller, Janie B., #23 Supplement Consent to Sue - Mitts, Robert, #24 Supplement Consent to Sue - Morrisey, Shamika, #25 Supplement Consent to Sue - Murphy, Jasmine L., #26 Supplement Consent to Sue - Nelson, Christopher Ray, #27 Supplement Consent to Sue - ONeal, Eula Mae, #28 Supplement Consent to Sue - Parker, Keith, #29 Supplement Consent tp Sue - Pazzuto, Terry W., #30 Supplement Consent to Sue - Perry, Larry, #31 Supplement Consent to Sue - Price, Tracy, #32 Supplement Consent to Sue - Register, James E., #33 Supplement Consent to Sue - Reynolds, Terrence, #34 Supplement Consent to Sue - Robinson, Anthony B., #35 Supplement Consent to Sue - Rouse, Lillian, #36 Supplement Consent to Sue - Sherman, Terrance, #37 Supplement Consent to Sue - Simmons, Tammy A., #38 Supplement Consent to Sue - Smith, Margaret A., #39 Supplement Consent to Sue - Stocks, Ericka, #40 Supplement Consent to Sue - Sutton, Verna M., #41 Supplement Consent to Sue - Tomlin, Tiffany, #42 Supplement Consent to Sue - White, Willie L., #43 Supplement Consent to Sue - Williams, Annie, #44 Supplement Consent to Sue - Williams, Antwan L., #45 Supplement Consent to Sue - Worthy Jr., Russell L., #46 Supplement Consent to Sue - Wynn, Ronneka, #47 Supplement Consent to Sue - Xu, Rong Huan) (Willis, Robert) |
| Filing 206 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte of Filing of Opt Out Forms (Attachments: #1 Supplement Opt Out Form - Alvarado, Daniel, #2 Supplement Opt Out Form - Aman, Mary, #3 Supplement Opt Out Form - Edward, April June, #4 Supplement Opt Out Form - Ekantus, Choster, #5 Supplement Opt Out Form - Genus, Hubert, #6 Supplement Opt Out Form - Holland, Alice L., #7 Supplement Opt Out Form - Huang, Yuan Yao, #8 Supplement Opt Out Form - Lin, Jing Zhong, #9 Supplement Opt Out Form - Massa, Mariela Rarmirez, #10 Supplement Opt Out Form - Medline, Jasper C., #11 Supplement Opt Out Form - Rojas, Ingrid) (Willis, Robert) |
| Filing 205 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte of Filing Consent to Sue Forms (Attachments: #1 Supplement Consent to Sue - Antunez-Ruiz, Jos Raul, #2 Supplement Consent to Sue - Armstrong, Jessie James, #3 Supplement Consent to Sue - Baker, Betty R., #4 Supplement Consent to Sue - Best, Antonio, #5 Supplement Consent to Sue - Caldwell, Kevin L., #6 Supplement Consent to Sue - Campbell, Willie Curtis, #7 Supplement Consent to Sue - Connon, Natasha M., #8 Supplement Consent to Sue - Canongo-Camano, Luis, #9 Supplement Consent to Sue - Cobb, Carolyn J., #10 Supplement Consent to Sue - Dewitt, Victoria, #11 Supplement Consent to Sue - Geigher, Maurice, #12 Supplement Consent to Sue - Hardy, Kenyatta, #13 Supplement Consent to Sue - Hatch, Carolyn N., #14 Supplement Consent to Sue - Houston, Pamela J., #15 Supplement Consent to Sue - Locust, Johnny, #16 Supplement Consent to Sue - Owens, Diane, #17 Supplement Consent to Sue - Perez-Delgado, Luz Mary, #18 Supplement Consent to Sue - Pierce, Stanley, #19 Supplement Consent to Sue - Reed, Carolyn P., #20 Supplement Consent to Sue - Rodriguez, Zenaida, #21 Supplement Consent to Sue - Smith, Valerie S., #22 Supplement Consent to Sue - Thompson, Pia Chiane, #23 Supplement Consent to Sue - Vann, Jr., Allen H., #24 Supplement Consent to Sue - Williams, Cory Antwain, #25 Supplement Consent to Sue - Williams, Michael A., #26 Supplement Consent to Sue - Wooten, Desiree M.) (Willis, Robert) |
| Filing 204 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte of Filing Consent to Sue Forms (Attachments: #1 Supplement Consent to Sue - Alford, Decosta D., #2 Supplement Consent to Sue - Julius Barnes, #3 Supplement Consent to Sue - Bennett, Crystal K., #4 Supplement Consent to Sue - Benton, Linda, #5 Supplement Consent to Sue - Broadway, Charlene, #6 Supplement Consent to Sue - Brown, LaDonna Venese, #7 Supplement Consent to Sue - Canady, Shakiva S., #8 Supplement Consent to Sue - Chestnut, Kirby Lamont, #9 Supplement Consent to Sue - Conley, Trina Barber, #10 Supplement Consent to Sue - Curtis, Amy L., #11 Supplement Consent to Sue - Field, Colin, #12 Supplement Consent to Sue - Flowers, John L., #13 Supplement Consent to Sue - Gillem, Sally G., #14 Supplement Consent to Sue - Grady, Angela, #15 Supplement Consent to Sue - Graham, LaToya, #16 Supplement Consent to Sue - Graham, Linda, #17 Supplement Consent to Sue - Henry, Rillo, #18 Supplement Consent to Sue - Hodges, Mary C., #19 Supplement Consent to Sue - Hunter, Cajron, #20 Supplement Consent to Sue - Kay, JoAnn, #21 Supplement Consent to Sue - Lopez, Ricardo, #22 Supplement Consent to Sue - Maldonado, Melisa, #23 Supplement Consent to Sue - Mathis, Thomas Lee, #24 Supplement Consent to Sue - McKay, Darlene Y. Farrior, #25 Supplement Consent to Sue - Melendez, Anette, #26 Supplement Consent to Sue - Miller, David T., #27 Supplement Consent to Sue - Miller, Vonetta, #28 Supplement Consent to Sue - Moore, Eugene, #29 Supplement Consent to Sue - Morales, Jos Francisco, #30 Supplement Consent to Sue - Morrisey, Cleburn, #31 Supplement Consent to Sue - Peacock, Rudolph, #32 Supplement Consent to Sue - Perez-Bustos, Sonya, #33 Supplement Consent to Sue - Porter, Antonio D., #34 Supplement Consent to Sue - Quick, Gregory T., #35 Supplement Consent to Sue - Russell, Virginia, #36 Supplement Consent to Sue - Shehadah, Monique D., #37 Supplement Consent to Sue - Smith, Angela Leigh Herring, #38 Supplement Consent to Sue - Stevens, Gwendolyn B., #39 Supplement Consent to Sue - Straughn, Lois A.L., #40 Supplement Consent to Sue - Swinson, Hemerenciana, #41 Supplement Consent to Sue - Whitfield, Patricia A.) (Willis, Robert) |
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Filing 203
ORDER granting #198 Motion to remove case from the court's April 2009 trial calendar. In light of the procedural posture of this case, the court grants the parties' joint motion. the clerk is directed to remove this action from this court's April civil term. This matter is referred to the magistrate judge for entry of an amended scheduling order. The parties shall have ten days from the date of this order to submit their respective motions for amendment of the scheduling order, together with supporting briefs not to exceed ten pages in length. Counsel served by NEF. Signed by Senior Judge Malcolm J. Howard on 4/3/2009. (Heath, D.)
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Filing 202
ORDER - This matter is before the court because the parties are once again unable to agree upon the procedure to be used in informing prospective class members of their right in regard to this action. The court has carefully considered the issue of posting a notice at Butterball's worksite. The court finds that a posting of a notice may be beneficial to putative class members. The court also finds that the notice proposed by Butterball is accurate and informative and should be approved with the following changes: see order for language. Finally, the court would like to encourage the parties, in the interest of judical economy, to work harder to resolve minor disputes, such as the one involved here, that may arise in this case. The court's time and resources need not be spent dealing with petty squabbles over inconsequential matters. Counsel served by NEF. Signed by Senior Judge Malcolm J. Howard on 4/3/2009. (Heath, D.)
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| Filing 201 NOTICE of Filing email from Suzanne Alford to the Court re: posting of notice at worksite. (Heath, D.) |
| Filing 200 NOTICE of Filing email from Dan Getman to the Court re: posting of notice at worksite. (Heath, D.) |
| Filing 199 NOTICE of Filing email from Suzanne Alford to the Court re: posting of notice at worksite. (Heath, D.) |
| Filing 198 Joint MOTION Remove Case from April Trial Calendar and to Establish Deadline to Submit Proposed Motion to Modifiy Scheduling Order by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Text of Proposed Order) (Owens, L.) |
| Motions Submitted: #198 Joint MOTION Remove Case from April Trial Calendar and to Establish Deadline to Submit Proposed Motion to Modifiy Scheduling Order forwarded to Judge Howard for consideration. (Heath, D.) |
| Filing 197 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte of Filing of Opt Out Forms (Attachments: #1 Supplement Opt Out Form - Almanza, Norma, #2 Supplement Opt Out Form - Blizzard, Carolyn F., #3 Supplement Opt Out Form - Carrillo, Vicky, #4 Supplement Opt Out Form - Conner, Krystal, #5 Supplement Opt Out Form - Cruz, Joel, #6 Supplement Opt Out Form - Fuentes, Yolanda, #7 Supplement Opt Out Form - Ham, Carlton J., #8 Supplement Opt Out Form - Inestroza, Ana M., #9 Supplement Opt Out Form - Jackson, Ave, #10 Supplement Opt Out Form - Jones, Michael A., #11 Supplement Opt Out Form - Luo, Hai Di, #12 Supplement Opt Out Form - Mahlstadt, Cecile J., #13 Supplement Opt Out Form - Marcano-Velasquez, Alvin, #14 Supplement Opt Out Form - Martell, Fernando, #15 Supplement Opt Out Form - McCullen, Dennis Ray, #16 Supplement Opt Out Form - Teresa Perkins, #17 Supplement Opt Out Form - Ramos (Billing), Deborah J., #18 Supplement Opt Out Form - Sandoval, Alejandro, #19 Supplement Opt Out Form - Skelton, Bernandine, #20 Supplement Opt Out Form - Summerlin, Lewis J., #21 Supplement Opt Out Form - Thomas, Sonia, #22 Supplement Opt Out Form - Underwood, Daniel L., #23 Supplement Opt Out Form - Wiltse, Nikolas, #24 Supplement Opt Out Form - Yoon, Chang Sug) (Willis, Robert) |
| NOTICE TO COUNSEL - For future reference, please file a Notice of Filing and attach the consents to sue to the Notice of Filing. Separate entries are not necessary. (Heath, D.) |
| Filing 196 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Lakisha Williamson (Willis, Robert) |
| Filing 195 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Cathy Williams (Willis, Robert) |
| Filing 194 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Vanessa Thompson (Willis, Robert) |
| Filing 193 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Sharon Thomas (Willis, Robert) |
| Filing 192 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Tiffany Swinson (Willis, Robert) |
| Filing 191 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Temica Sutton (Willis, Robert) |
| Filing 190 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Joyce Smith (Willis, Robert) |
| Filing 189 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Jeremiah Smith (Willis, Robert) |
| Filing 188 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Sheila Shepherd (Willis, Robert) |
| Filing 187 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Christopher Scarborough (Willis, Robert) |
| Filing 186 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Christian Sauls (Willis, Robert) |
| Filing 185 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Joanne Rushing (Willis, Robert) |
| Filing 184 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Yolanda Ruiz-Banda (Willis, Robert) |
| Filing 183 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Dennis Raynor (Willis, Robert) |
| Filing 182 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Joann Pleasant (Willis, Robert) |
| Filing 181 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Joenetta Perry (Willis, Robert) |
| Filing 180 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Rosa Padilla-Diaz (Willis, Robert) |
| Filing 179 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Malcolm Murray (Willis, Robert) |
| Filing 178 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Wanda Moore (Willis, Robert) |
| Filing 177 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Loretta Moore (Willis, Robert) |
| Filing 176 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Chiwanda McLamb (Willis, Robert) |
| Filing 175 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Claude McCullough (Willis, Robert) |
| Filing 174 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Richard Jermalle Martin (Willis, Robert) |
| Filing 173 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Sylvia Lee (Willis, Robert) |
| Filing 172 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Dexter Leak (Willis, Robert) |
| Filing 171 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Linda Lawson (Willis, Robert) |
| Filing 170 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Geron Kelly, Jr. (Willis, Robert) |
| Filing 169 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Randy Jones (Willis, Robert) |
| Filing 168 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Gary Jones (Willis, Robert) |
| Filing 167 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Shernese Johnson (Willis, Robert) |
| Filing 166 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Teaerica Ingram (Willis, Robert) |
| Filing 165 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Valencia Hussey (Willis, Robert) |
| Filing 164 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Cindy Hooks (Willis, Robert) |
| Filing 163 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Russell Hines (Willis, Robert) |
| Filing 162 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Willie Henderson, Jr. (Willis, Robert) |
| Filing 161 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Janet Head (Willis, Robert) |
| Filing 160 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Christopher Graham (Willis, Robert) |
| Filing 159 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Sabrina Grady (Willis, Robert) |
| Filing 158 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Jimmie Gavin (Willis, Robert) |
| Filing 157 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Isephine Garner (Willis, Robert) |
| Filing 156 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Tiffany Fore (Willis, Robert) |
| Filing 155 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Tawanda Farrior (Willis, Robert) |
| Filing 154 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Melvin Dean (Willis, Robert) |
| Filing 153 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Pinkee Darden (Willis, Robert) |
| Filing 152 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Wayne Cox (Willis, Robert) |
| Filing 151 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Amelia Cox (Willis, Robert) |
| Filing 150 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Frank Colston (Willis, Robert) |
| Filing 149 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Nydia Bueno-Agosto (Willis, Robert) |
| Filing 148 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Pamela Brooks (Willis, Robert) |
| Filing 147 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Joel Brooks (Willis, Robert) |
| Filing 146 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Lourdes Britanico (Willis, Robert) |
| Filing 145 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Vanessa Bell (Willis, Robert) |
| Filing 144 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Tracey Beckwith (Willis, Robert) |
| Filing 143 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Victoria Atkinson (Willis, Robert) |
| Filing 142 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to be Plaintiff - Sophea Anderson (Willis, Robert) |
| Filing 141 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Consent to Sue - Kelly Aman (Willis, Robert) |
| Filing 140 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte (Attachments: #1 Notice sent to class) (Willis, Robert) |
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Filing 139
ORDER granting #135 Motion for Extension of Time to File Objections to Spanish Language Notices. Defendant shall have until March 2, 2009, to file any objections. Counsel served by NEF. Signed by Senior Judge Malcolm J. Howard on 3/4/2009. (Heath, D.)
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| Filing 138 Consent MOTION for Extension of Time Consent Motion for Extension of Time to Mail Notice by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Text of Proposed Order Proposed Order) (Willis, Robert) |
| Filing 137 NOTICE of Hearing: Pretrial Conference set for 4/6/2009 10:30 AM in Raleigh - 5th Floor Courtroom before USMJ David W. Daniel. (Heath, D.) |
| Filing 136 NOTICE of Hearing: Jury Trial set for 4/20/2009 10:00 AM in Greenville - Courtroom before Senior Judge Malcolm J. Howard. Counsel shall appear on 4/20/2009 for calendar call only and for setting a specific trial date. (Heath, D.) |
| Motions Submitted: #138 Consent MOTION for Extension of Time Consent Motion for Extension of Time to Mail Notice forwarded to Judge Howard for consideration. (Heath, D.) |
| Motions Submitted: #135 Consent MOTION for Extension of Time to File Objections to Spanish Language Notices forwarded to Judge Howard. (Heath, D.) |
| Filing 135 Consent MOTION for Extension of Time to File Objections to Spanish Language Notices by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Text of Proposed Order Proposed Order) (Derrick, Paul) |
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Filing 134
ORDER - By letter dated February 25, 2009, plaintiffs request permission to send the combined notice to all putative class members. Accordingly, plaintiffs' request [DE #133] is GRANTED, and counsel is authorized to use the combined notice to inform all putative class members of this action. All other provisions of this court's February 5, 2009, order are hereby affirmed. Signed by Senior Judge Malcolm J. Howard on 2/27/2009. (Heath, D.)
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| Letter at DE #133 forwarded to Judge Howard. (Heath, D.) |
| Filing 133 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Letter to Judge Howard (Willis, Robert) |
| Filing 132 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte Notice of Filing Spanish Notice (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2) (Willis, Robert) |
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Filing 131
ORDER (Duplicate entry of DE #130 with attached exhibit - Notices of Lawsuit) -This matter is before the court for consideration of the parties' proposed class notices and accompanying forms. See Order for the provision that shall govern the procedure relating to the notices and consent forms. Class counsel shall file with the court and serve on defendant notice of the date on which the class notices and consent forms are mailed. Counsel served by NEF. Signed by Senior Judge Malcolm J. Howard on 2/5/2009. (Attachments: #1 Exhibit A - Notices of Lawsuit) (Heath, D.)
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Filing 130
ORDER - This matter is before the court for consideration of the parties' proposed class notices and accompanying forms. See Order for the provisions that shall govern the procedure relating to the notices and consent forms. Class counsel shall file with the court and serve on defendant notice of the date on which the class notices and consent forms are mailed. Counsel served by NEF. Signed by Senior Judge Malcolm J. Howard on 2/5/2009. (Heath, D.)
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| Filing 129 Letter dated February 2, 2009, from Robert J. Willis to Judge Howard re: Notice to the Class. (Heath, D.) |
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Filing 128
ORDER dismissing as MOOT #118 Motion to Stay. The clerk is DIRECTED to continue management of this case. Counsel served by NEF. Signed by Senior Judge Malcolm J. Howard on 1/23/2009. (Heath, D.)
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Filing 127
ORDER of USCA - Upon consideration of the submissios relative to Butterball's petition for permission to appeal, the Court denies the petition. Entered at the direction of Judge Gregory, with the concurrence of Judge Niemeyer and Judge King. Counsel served by 4th Circuit case manager. (Heath, D.)
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| Filing 126 Memorandum in Support re #124 Stipulation, Defendant's Proposed Notices and Forms filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit #1 -- Unpublished Cases, #2 Text of Proposed Order) (Owens, L.) |
| Filing 125 Memorandum in Support re #124 Stipulation, Plaintiffs' Proposed Notice to the Rule 23 and FLSA Class filed by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit 1 - Jimenez-Orozco v. Baker Roofing, #2 Exhibit 2 - Unpublished Cases, #3 Text of Proposed Order Proposed Order) (Willis, Robert) |
| Filing 124 STIPULATION by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.), Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit Plaintiff's Notice and Forms, #2 Exhibit Defendant's Notices and Forms) (Owens, L.) |
| Filing 123 Memorandum in Opposition re #117 MOTION to Stay filed by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Supplement USPS Forwarded Mail Policy, #2 Supplement Emails Regarding Tolling) (Willis, Robert) |
| Motions Submitted: #118 Corrected MOTION to Stay forwarded to Judge Howard for consideration. (Heath, D.) |
| Filing 122 Appeal Remark - Documents filed by counsel requesting permission to petition the court to appeal. Plaintiff has filed a Rule 5 Motion with the Fourth Circuit Court of Appeals. (Attachments: #1 Petition for Permission). NOTE: The 4th Circuit has assinged case number 08-325 to this case. 4th Circuit Case Manager: Marlene Smith-Taylor. (Heath, D.) Modified on 12/5/2008 (Heath, D.). Modified on 12/5/2008 (Heath, D.). |
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Filing 121
ORDER - This matter is before the court on its own motion. Finding no reason to alter or amend its class certification ruling, the court reaffirms its November 14, 2008 Order certifying this action as a class and collective action.Counsel served by NEF. Signed by Senior Judge Malcolm J. Howard on 12/2/2008. (Heath, D.)
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| Filing 120 NOTICE by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.) of Leave of Absence (Stephen X. Munger) (Derrick, Paul) |
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Filing 119
ORDER deferring ruling on #118 Motion to Stay. The court DENIES defendant's request for an order requiring plaintiffs to respond to defendant's motion by November 28, 2008, because such a deadline would not afford plaintiffs adequate time to respond. In light of defendant's motion, the court, therefore, GRANTS the parties an additional thirty (30) days to confer and to jointly submit, as previously order by this court, a proposed class notice and any agreement reached for defendant's disclosure of the names and addresses of potential class members. The court DEFERS ruling on defendant's Motion to Stay until after plaintiff has had an opportunity to respond as allowed by this court's Local Rules. Counsel served by NEF. Signed by Senior Judge Malcolm J. Howard on 11/26/2008. (Heath, D.)
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| Motions Submitted: #117 MOTION to Stay and #118 Corrected MOTION to Stay forwarded to Judge Howard for consideration. (Heath, D.) |
| Filing 118 Corrected MOTION to Stay by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Memorandum in Support of Motion to Stay, #2 Text of Proposed Order) (Owens, L.) |
| Filing 117 MOTION to Stay by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Text of Proposed Order) (Owens, L.) |
| Filing 116 Memorandum in Opposition re #82 SEALED PROPOSED Document,, filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Owens, L.) |
| Filing 115 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte (Willis, Robert) |
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Filing 114
ORDER granting in part, denying in part #54 Motion. Plaintiffs' motion for Class and Collective Action Certification is GRANTED on the terms set forth herein. Robert J. Willis and Dan Getman shall serve as counsel for the class. The court DENIES WITHOUT PREJUDICE plaintiffs' motion to Authorize Class Notice. The court DIRECTS the parties to confer and to jointly submit, within fifteen (15) days, a revised proposed class notice (including appropriate forms) in conformance with the court's ruling herein set forth. The parties shall further inform the court, within fifteen (15) days of the date of this order, of any agreement they may have reached concerning Butterball's disclosure of the names and addresses of potential class members so that class counsel may inform all potential class members of the pending suit and their rights to join or be excluded from the action....(counsel see Order for further details). Counsel served by NEF. Signed by Senior Judge Malcolm J. Howard on 11/14/2008. (Heath, D.)
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Filing 113
ORDER granting in part and denying in part #95 Sealed Motion. DENIES defendant's motion to strike and GRANTS defendant's motion for leave to file a sur-reply to plaintiffs' class certification motion. Defendant shall have until November 19, 2008 to file a sur-reply memorandum not exceeding ten (10) pages in length. No further filings will be permitted in support or in opposition to plaintiffs' class certification motion. Counsel served by NEF. Signed by Senoir Judge Malcolm J. Howard on 11/6/2008. (Heath, D.)
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Filing 112
ORDER - This matter is before the court on its own motion. In light of the motion pending before the court, the trial of this matter is hereby continued to this court's April 20, 2009 term. The clerk is directed to reschedule the pretrial conference accordingly. Counsel served by NEF. Calendar Copy. Signed by Judge Malcolm J. Howard on 10/22/2008. (Heath, D.)
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| NOTICE OF CORRECTION re: Motions Submitted Entry of 10/16/2008. The Motion to Strike was submitted prematurely and will be resubmitted after the reply time runs on October 24th. Thank You. (Heath, D.) |
| Motions Submitted: #95 SEALED MOTION by Defendant Butterball, LLC forwarded to Judge Howard for consideration. (Heath, D.) |
| Filing 111 SEALED Plaintiff's Opposition to Defendant's Motion to Strike...filed by Plaintiffs Liliana Martinez-Hernandez, Ulda Aponte. (Heath, D.) |
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Filing 110
ORDER granting #107 Motion for Leave to File document under seal. Counsel served by NEF. Signed by USMJ David W. Daniel on 10/6/2008. (Heath, D.)
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| Filing 109 REPLY to Response to Motion re #95 SEALED MOTION by Defendant Butterball, LLC to Strike Plaintiffs' Reply Brief filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Owens, L.) |
| MOTIONS REFERRED: #107 MOTION for Leave to File document under seal forwarded to Judge Daniel for consideration. Motions referred to David W. Daniel. (Heath, D.) |
| Motions No Longer Referred: #107 MOTION for Leave to File Document Under Seal. Motion will be referred to assigned magistrate judge. (Heath, D.) |
| MOTIONS REFERRED: #107 MOTION for Leave to File Document Under Seal forwarded to the Clerk for consideration. Motions referred to Clerk of Court. (Heath, D.) |
| Filing 108 PROPOSED SEALED Document: by Plaintiffs Liliana Martinez-Hernandez, Ulda Aponte re #107 MOTION for Leave to File. (Attachments: #1 Proposed Order, #2 Exhibit 1 - Westlaw - Bristow v. Lycoming Engines, #3 Exhibit 2 - Westlaw - Trotter v. Perdue Farms, Inc., #4 Exhibit 3 - Westlaw - Frank v. Gold'n Plump Poultry, Inc., #5 Exhibit 4 - Westlaw - Hozor v. Hampton University, #6 Exhibit 5 - Westlaw - Hammons v. Computer Programs and Systems, Inc., #7 Exhibit 6 - Westlaw - Jimenez-Orozco v. Baker Roofing Co., #8 Exhibit 7 - Westlaw - Kolody v. Simon Marketing, Inc., #9 Exhibit 8 - Westlaw - Lopez v. Tyson Foods, #10 Exhibit 9 - Westlaw - Memphis Pub. Co. v. Newspaper Guild of Memphis, Local 33091, #11 Exhibit 10 - Westlaw - Spoerle v. Kraft Foods Global, Inc.) (Heath, D.) |
| Filing 107 MOTION for Leave to File Under Seal Plaintiffs' Opposition To Defendant Butterball, LLC'S s Motion to Strike Plaintiffs' Reply Brief and Incorporated Memorandum or, In The Alternative, For Leave To File Its Sur-Reply Brief In Opposition To Plaintiffs' Reply Brief In Support Of Class And Conditional Certification by Liliana Martinez-Hernandez and Ulda Aponte. (Heath, D.) |
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Filing 106
ORDER - GRANTING IN PART AND DENYING IN PART #29 Motion for Partial Summary Judgment; DENYING #66 Motion for Summary Judgment - The court DISMISSES as preempted by the FLSA any claims that plaintiffs may have that seek compensation under state law for overtime pay mandated by the FLSA or that allege plaintiffs received less than the federal minimum wage as a result of Butterball's failure to pay them for all hours worked. Signed by Judge Malcolm J. Howard on 9/2/08. (Lee, L.)
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Filing 105
ORDER granting #103 Motion for Extension of Time to File Reply. Reply due by 9/8/2008. Counsel served by NEF. Signed by Dennis P. Iavarone, Clerk of Court on 8/19/2008. (Heath, D.)
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| Filing 104 Proposed Order re #103 MOTION for Extension of Time to File Response/Reply filed by Liliana Martinez-Hernandez, Ulda Aponte. (Willis, Robert) |
| Filing 103 MOTION for Extension of Time to File Response/Reply by Liliana Martinez-Hernandez, Ulda Aponte. (Willis, Robert) |
| NOTICE OF DEFICIENCY re: #103 Motion for Extension of Time to File Response/Reply ; Pursuant to Local Civil Rule 6.1, or the judges practice preferences on the courts website, counsel must submit a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. Additionally, the judge's practice preferences MAY require counsel to email the proposed order in a word processing format. (Heath, D.) |
| MOTIONS REFERRED: #103 MOTION for Extension of Time to File Response/Reply forwarded to the Clerk for consideration. Motions referred to Clerk of Court. (Heath, D.) |
| Filing 102 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte re #101 Notice-(other) (Willis, Robert) |
| Filing 101 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte re #100 Notice-(other) (Willis, Robert) |
| Filing 100 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte (Willis, Robert) |
| Filing 99 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte (Willis, Robert) |
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Filing 98
ORDER granting #90 Motion to Seal Exhibit 1 to defendant's reply brief. Counsel served by NEF. Signed by USMJ David W. Daniel on 8/11/2008. (Heath, D.)
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| Filing 97 SEALED REPLY by Plaintiffs Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit 19 to Reply, #2 Exhibit 20 to Reply, #3 Sworn Declaration of Victor M., #4 Fourth Declaration of Ulda A., #5 Third Sworn Declaration of Liliana M., #6 Declaration of Matt Dunn, #7 Attachment of Order from ND of Georgia). Counsel served by NEF. (Heath, D.) |
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Filing 96
ORDER granting #81 Motion for Leave to File Plaintiffs' Reply to Defendant's Opposition to Plaintiffs' Motion to Approve a Rule 23 Class Action and Conditionally Certify a Collective Action. Counsel served by NEF. Signed by USMJ David W. Daniel on 8/7/2008. (Heath, D.)
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| Filing 95 SEALED MOTION - Defendant Butterball, LLC Motion to Strike Plaintiffs' Reply Brief and Incorporated Memorandum or, in the alternative, for leave to file its sur-reply brief in opposition to Plaintiffs' reply brief in support of class and conditional certification. Counsel served by NEF. (Heath, D.) |
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Filing 94
ORDER granting #86 Motion for Leave to File Motion to Strike under seal. Counsel served by NEF. Signed by USMJ David W. Daniel on 8/7/2008. (Heath, D.)
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Filing 92
ORDER granting #83 Motion for Leave to File. Counsel served by NEF. Signed by USMJ David W. Daniel on 8/7/2008. (Heath, D.)
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| Filing 91 NOTICE by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.) re #89 Reply to Response to Motion, of filing redacted version of Exhibit 1 (Owens, L.) |
| Filing 90 MOTION to Seal Exhibit 1 to Defendants Reply Brief in Support of its Motion for Partial Summary Judgment Dismissing Plaintiffs Second Claim for Relief (Docket Entry No. 89, Ex. 1) by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Owens, L.) |
| NOTICE OF DEFICIENCY re: #89 Reply to Response to Motion, EXHIBIT 2 counsel is reminded that the E-Government Act of 2002 prohibits the use of personal data such as entire date's of birth only the last two digits my be used and whole social security numbers, only the last four digits of the number may be used in documents that are filed. Whole Social Security numbers are to be redacted before any filing. For more information please see the Courts website. (Deputy Clerk - L. Fogle ) |
| MOTIONS REFERRED: #90 MOTION to Seal Exhibit 1 to Defendants Reply Brief forwarded to Clerk for consideration. Motions referred to Clerk of Court. (Heath, D.) |
| MOTIONS REFERRED: #90 MOTION to Seal Exhibit 1 to Defendants Reply Brief forwarded to Judge Daniel for consideration. Motions referred to David W. Daniel. (Heath, D.) |
| Motions No Longer Referred: #90 MOTION to Seal exhibit 1 no longer referred to the Clerk. (Heath, D.) |
| NOTE TO COUNSEL - Pursuant to the Court's order (DE #92) entered this date granting #83 motion for leave to file, case manager docketed under seal, Plaintiff's Memorandum In Oppositin to Defendant's Second Motion for Partial Summary Judgment for Dismissal of Plaintiff's Second Claim for Relief. No electronic notification was sent to counsel, therefore, case manager will send counsel a copy of Notice of Electronic Filing via regular mail this date, indicating the document has been filed. (Heath, D.) |
| Filing 89 REPLY to Response to Motion re #66 MOTION for Summary Judgment on Plaintiffs' Second Claim for Relief filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit New Hire Form, #2 Exhibit Queen v. RHA Health Services, Inc.) (Owens, L.) |
| MOTIONS REFERRED: #83 MOTION for Leave to File, #81 MOTION for Leave to File and #86 MOTION for Leave to File Under Seal forwarded to Judge Daniel for consideration. Motions referred to David W. Daniel. (Deputy Clerk - DH, ) |
| Filing 88 PROPOSED SEALED Document: Motion to Strike and Supporting Memorandum by Defendant Butterball, LLC re #86 MOTION for Leave to File Under Seal. (Deputy Clerk - DH, ) |
| Filing 87 NOTICE by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.) of Filing Attaching Exhibits to Defendant's Motion to Strike Plaintiffs Reply Brief and Incorporated Memorandum or, In the Alternative, for Leave to File its Sur-Reply Brief in Opposition to Plaintiffs Reply Brief in Support of Class and Conditional Certification (Attachments: #1 Exhibit Bell v. Addus Healthcare, #2 Exhibit Bristow v. Lycoming Engines, #3 Exhibit In re: Urethan Antitrust Litigation) (Owens, L.) |
| Filing 86 MOTION for Leave to File Under Seal by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Owens, L.) |
| Filing 85 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte (Willis, Robert) |
| Filing 84 PROPOSED SEALED Document: Sealed Memorandum In Opposition by Plaintiffs Liliana Martinez-Hernandez, Ulda Aponte re #83 MOTION for Leave to File. (Attachments: #1 Sealed Ex. A to Memopp., #2 Sealed Ex. B to Memopp, #3 Sealed Ex. C. to Memopp, #4 Sealed Ex. D to Memopp.) (Deputy Clerk - DH, ) (Additional attachment(s) added on 7/23/2008: #5 Sealed Ex. H to Memopp., #6 Sealed Ex. I to Memopp., #7 Sealed Ex. J to Memopp., #8 Sealed Ex. K to Memopp., #9 Sealed Ex. L to Memopp, #10 Sealed Ex. M to Memopp, #11 Sealed Ex. N to Memopp., #12 Sealed Ex. O to Memopp., #13 Sealed Ex. P to Memopp., #14 Sealed Ex. Q to Memopp, #15 Sealed Ex. R. to Memopp, #16 Sealed Affidavit of Robert J. Willis, #17 Sealed "5 of 5 Documents" to Memopp.) (Deputy Clerk - DH, ). (Additional attachment(s) added on 7/23/2008: #18 Exhibit E. Part 1 to Memopp., #19 Ex. E Part 2 to Memopp, #20 Ex. E Part 3 to Memopp., #21 Ex. E Part 4 to Memopp) (Deputy Clerk - DH, ). (Additional attachment(s) added on 7/24/2008: #22 Ex. F Part 1 to Memopp., #23 Ex. F Part 2 to Memopp., #24 Ex. F Part 3 to Memopp., #25 Ex. F Part 4 to Memopp., #26 Ex. F Part 5 to Memopp., #27 Ex F Part 6 to Memopp) (Deputy Clerk - DH, ). (Additional attachment(s) added on 7/24/2008: #28 Ex. G Part 1 to Memopp., #29 Ex G Part 2 to Memopp, #30 Ex G Part 3 to Memopp, #31 Ex G Part 4 to Memopp, #32 Ex G Part 5 to Memopp, #33 Ex G Part 6 to Memopp) (Deputy Clerk - DH, ). |
| Filing 83 MOTION for Leave to File Plaintif's Memorandum In Opposition To Defendants' Second Mtoion for Partial Summary Judgment for Dismissal of Plaintiffs' Second Claim for Relief Under Seal by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Proposed Order) (Deputy Clerk - DH, ) |
| Filing 82 PROPOSED SEALED Document: Sealed Reply to Defendant's Motion To Approve Rule 23 Class Action... by Plaintiffs Liliana Martinez-Hernandez, Ulda Aponte re #81 MOTION for Leave to File. (Attachments: #1 Sealed Exhibit 19, #2 Sealed Exhibit 20, #3 Sealed Sworn Declaration of Victor Melendez-Maldonado, #4 Sealed Fourth Declaration of Ulda Aponte, #5 Sealed Third Sworn Declaration of Liliana Martinez-Hernandez, #6 Sealed Declaration of Matt Dunn, #7 Attachment of Order from the Northern District of Georgia & Westlaw Documents) (Deputy Clerk - DH, ) |
| Filing 81 MOTION for Leave to File Plaintiffs' Reply To Defendant's Opposition To Plaintiffs' Motion to Approve A Rule 23 Class Action and Conditionally Certify A Collective Action Under Seal by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Proposed Order) (Deputy Clerk - DH, ) |
| Filing 80 SEALED Memorandum in Support by Defendant Butterball, LLC. (Deputy Clerk - DH, ) |
| Filing 79 SEALED RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION TO APPROVE A RULE 23 CLASS ACTION AND CONDITIONALLY CERTIFY A COLLECTIVE ACTION UNDER SEAL by Defendant Butterball, LLC. (Deputy Clerk - DH, ) |
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Filing 78
ORDER granting #67 Motion for Leave to File memorandum of Law in support of defendant's motion for partial summary judgment dismissing plaintiff's second claim for relief under seal. Counsel served by NEF. Signed by Judge Malcolm J. Howard on 7/14/2008. (Deputy Clerk - DH, )
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Filing 77
ORDER granting #69 Motion for Leave to File defendant's opposition to plaintiff's motion to approve a rule 23 class action and conditionally certify a collective action under seal. Counsel served by NEF. Signed by Judge Malcolm J. Howard on 7/14/2008. (Deputy Clerk - DH, )
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Filing 76
ORDER granting #75 Motion for Extension of Time to File Response/Reply re #75 Joint MOTION for Extension of Time to File Response/Reply. Response due to deft's motion for partial summary judgment by 7/21/2008 and Reply due by 7/17/2008. Counsel served by NEF. Signed by USMJ David W. Daniel on 7/1/2008. (Deputy Clerk - DH, )
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| Filing 75 Joint MOTION for Extension of Time to File Response/Reply by Liliana Martinez-Hernandez, Ulda Aponte. (Willis, Robert) |
| MOTIONS REFERRED: #75 Joint MOTION for Extension of Time to File Response/Reply forwarded to Judge Daniel for consideration. Motions referred to David W. Daniel. (Deputy Clerk - DH, ) |
| Filing 74 NOTICE by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.) re #70 Notice-(other), Notice-(other), Notice-(other) Curing Deficiencies of Docket Entry No. 70 (Attachments: #1 Exhibit Declaration of Karen Ingram, #2 Exhibit Pressley v. Sanderson Farms, Inc., #3 Exhibit Rodgers v. CVS Pharmacy, Inc., #4 Exhibit Excerpts of Deposition of Ulda Aponte, #5 Exhibit Excertps of Deposition of Liliana Martinez-Hernandez, #6 Exhibit Excerpts of Deposition of Karen Ingram, #7 Exhibit Queen v. RHA Health Services, Inc., #8 Exhibit Grace v. Family Dollar Stores, Inc., #9 Exhibit Jimenez-Orozco v. Baker Roofing Co., #10 Exhibit Dunn v. County of Muskegon, #11 Exhibit Wombles v. Title Max of Alabama, Inc., #12 Exhibit Slaughter v. CVS Rx Services, Inc., #13 Exhibit Civil Docket of McNeil v. Smithfield Foods, Inc., #14 Exhibit Civil Docket of Benbow v. Gold Kist Inc.) (Derrick, Paul) |
| Filing 73 NOTICE by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.) re #68 Notice-(other), Notice-(other) curing deficiencies to Docket Entry No. 68 (Attachments: #1 Exhibit 1--Transcript of Deposition of Plaintiff Ulda Aponte, #2 Exhibit 2--Transcript of Deposition of Plaintiff Liliana Martinez-Hernandez, part 1, #3 Exhibit 2--Transcript of Deposition of Liliana Martinez-Hernandez, part 2, #4 Exhibit 3-Transcript of Deposition of Karen Ingram, Part 1, #5 Exhibit 3-Transcript of Deposition of Karen Ingram, part 2, #6 Exhibit 3-Transcript of Deposition of Karen Ingram, part 3, #7 Exhibit 4-Plaintiff Marinez-Hernandez's Interrogatory Responses, #8 Exhibit 5-Queen v. RHA Health Servs., #9 Exhibit 6-Clayton v. City of Roxboro, #10 Exhibit 7-Clarke, #11 Exhibit 8-Katsifos v. Pulte Home Corp.) (Derrick, Paul) |
| Motions Submitted: #67 MOTION for Leave to File Memorandum of Law in Support of Motion for Summary Judgment Under Seal (attached Memorandum of Law being filed under seal in accordance with Local Rule 79.2) and #69 MOTION for Leave to File Opposition to Plaintiffs' Motion to Approve a Rule 23 Class Action and Conditionally Certify a Collective Action Under Seal forwarded to Judge Howard for consideration. (Deputy Clerk - DH, ) |
| NOTICE OF DEFICIENCY re: #68 Notice-(other) and #70 Notice-(other). Counsel failed to identify the exhibits attached to the above two documents. Please refile the documents identifying each exhibit attached. Please contact Delsia Heath at 252-830-6009 should you have any questions. (Courtesy call placed to Mr. Magnus). Thank You. (Deputy Clerk - DH, ) |
| Filing 72 PROPOSED SEALED Document: Opposition to Plaintiffs' Motion to Approve a Rule 23 Class Action and Conditionally Certify a Collective Action by Defendant Butterball, LLC re #69 MOTION for Leave to File Under Seal. (Deputy Clerk - DH, ) |
| Filing 71 PROPOSED SEALED Document: Defendant Butterball, LLC's Memorandum of Law in Support of #66 Motion for Partial Summary Judgment Dismissing Plaintiffs' Second Claim for Relief. (Deputy Clerk - DH, ) |
| Filing 70 NOTICE by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.) of Filing Attaching Exhibits to Defendant's Opposition to Plaintiffs' Motion to Approve a Rule 23 Class Action and Conditionally Certify a Collective Action (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14) (Derrick, Paul) |
| Filing 69 MOTION for Leave to File Opposition to Plaintiffs' Motion to Approve a Rule 23 Class Action and Conditionally Certify a Collective Action Under Seal by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Derrick, Paul) |
| Filing 68 NOTICE by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.) of Filing Attaching Exhibits to Memorandum of Law in Support of Partial Motion for Summary Judgment (filed under seal) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 3, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8) (Derrick, Paul) |
| Filing 67 MOTION for Leave to File Memorandum of Law in Support of Motion for Summary Judgment Under Seal (attached Memorandum of Law being filed under seal in accordance with Local Rule 79.2) by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Derrick, Paul) |
| Filing 66 MOTION for Summary Judgment by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). Responses due by 7/10/2008 (Derrick, Paul) |
| Motions Submitted: #54 SEALED MOTION to approve a Rule 23 Class Action forwarded to Judge Howard for consideration. (Deputy Clerk - DH, ) |
| Filing 65 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte (Willis, Robert) |
| NOTICE OF DEFICIENCY re: #65 Notice-(other) In FUTURE FILINGS counsel is reminded that the E-Government Act of 2002 prohibits the use of personal data such as social security numbers, only the last four digits of the number may be used in documents. Whole Social Security numbers are to be redacted before any filing. For more information please refer to the Local Rules of Procedure Rule 10.3, a copy can be found on the Court's website @ www.nced.uscourts.gov. (Deputy Clerk - LKF, ) |
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Filing 64
ORDER granting #62 Motion for Extension of Time to File Response. Defendant Butterball, LLC shall have until June 20, 2008 to file its opposition. Counsel served by NEF. Signed by Dennis P. Iavarone, Clerk of Court on 5/29/2008. (Deputy Clerk - DH, )
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| Motions Resubmitted: #40 MOTION to Strike Additional Arguments in Defendant's Reply Brief or in the Alternative Allowing Plaintiffs' to File a Surreply forwarded to Judge Howard for consideration. (Deputy Clerk - DH, ) |
| MOTIONS REFERRED: #62 Consent MOTION for Extension of Time to File Response/Reply as to #60 SEALED Memorandum in Support forwarded to Clerk for consideration. Motions referred to Clerk of Court. (Deputy Clerk - DH, ) |
| Filing 63 Proposed Order re #62 Consent MOTION for Extension of Time to File Response/Reply as to #60 SEALED Memorandum in Support,,,, filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Derrick, Paul) |
| Filing 62 Consent MOTION for Extension of Time to File Response/Reply as to #60 SEALED Memorandum in Support,,,, by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Derrick, Paul) |
| Filing 61 REPLY to Response to Motion re #40 MOTION to Strike Additional Arguments in Defendant's Reply Brief or in the Alternative Allowing Plaintiffs' to File a Surreply filed by Liliana Martinez-Hernandez, Ulda Aponte. (Willis, Robert) |
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Filing 58
ORDER granting #55 Motion to Seal Document. Counsel served by NEF. Signed by Judge Malcolm J. Howard on 5/22/2008. (Deputy Clerk - DH, )
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| Motions Submitted: #55 MOTION to Seal Plaintiff's Memorandum in Support of Rule 23 Motion and Motion for Rule 23 forwarded to Judge Howard for consideration. (Deputy Clerk - DH, ) |
| Filing 57 Proposed Order re #55 MOTION to Seal Document Plaintiff's Memorandum in Support of Rule 23 Motion filed by Liliana Martinez-Hernandez, Ulda Aponte. (Willis, Robert) |
| Filing 56 CERTIFICATE OF SERVICE by Liliana Martinez-Hernandez, Ulda Aponte re #54 MOTION Rule 23 (Willis, Robert) |
| Filing 55 MOTION to Seal Document Plaintiff's Memorandum in Support of Rule 23 Motion by Liliana Martinez-Hernandez, Ulda Aponte. (Willis, Robert) |
| NOTICE OF DEFICIENCY re: #55 Motion to Seal Document ; Pursuant to Local Civil Rule 6.1, or the judges practice preferences on the courts website, counsel must submit a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. Additionally, the judge's practice preferences MAY require counsel to email the proposed order in a word processing format. ALSO, COUNSEL IN DIRECTED TO FILE A CERTIFICATE OF SERVICE RE: DE #54 MOTION. Thank You! (Deputy Clerk - DH, ) |
| NOTICE OF DEFICIENCY re: #54 Motion for Miscellaneous Relief - Attachments and Memorandum documents are missing in this filing. Counsel must also submit a certificate of service.Please submit the necessary document associated with this motion. Thank-you. (Deputy Clerk - LKF, ) |
| Filing 54 SEALED MOTION Rule 23 by Liliana Martinez-Hernandez, Ulda Aponte. (Willis, Robert) (Additional attachment(s) added on 5/22/2008: #1 Sealed Motion) (Deputy Clerk - DH, ). Modified on 5/22/2008 (Deputy Clerk - DH) to add the word "Sealed" to the entry. |
| Filing 60 SEALED Memorandum in Support of Motion To Approve A Rule 23 Class Action by Plaintiffs Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Ex. A - Notice of Class and Collective Action, #2 Ex. 1 - Memo to Poultry Ind. Officials, #3 Ex. 2 - Transcript of Ulda Aponte, #4 Ex. 3 & 4 - Personnell Documents & Transcript of Liliana Martinez-Hernandez, #5 Ex. 5 & 6 - Personnell Records & Declaration of Michael Russo, #6 Ex. 7 & 7-1, 7-2, 7-3 & 7-4 - Excerpt from Depsosition & Personnel Records & Handbook, #7 Ex. 8, 9 & 10, 10-1, 10-2 & 10-3 - Orientation Manual, Notice of Pay Increase, Declaration of Ulda Aponte, Declaration of Plaintiff Aponte & Third Sworn Declaration of Plaintiff Aponte, #8 Ex. 11, 12, 14, 14 & 15 - Declaration of Liliana Martinez-Hernandez, New Hire Safety Orientation, Department Listing, Sworn Declaration of Robert J. Willis & Declaration of Dan Getman, #9 Ex. 15 -, 15-2, 15-3, 16 & 17 - List of Current Classes, List of Attorneys, Westlaw Information, Affidavit of Carol Brooke & Second Sworn Declaration of Plaintiff Martinez-Hernandez, #10 Ex. 18 - Copy of Order filed 3/5/2008) (Deputy Clerk - DH, ) |
| Filing 59 Declaration of Matt Dunn in support of plaintiff's Motion to Approve a Rule 23 Class Action and Conditionally Certify a FLSA Collective Action and Authorize Notice to be Issued to the Class. (Deputy Clerk - DH, ) |
| Filing 53 Memorandum in Opposition re #40 MOTION to Strike Additional Arguments in Defendant's Reply Brief or in the Alternative Allowing Plaintiffs' to File a Surreply filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit A - McCullough v. Aramark) (Derrick, Paul) |
| Filing 52 SEALED Exhibit #3 by Plaintiffs Liliana Martinez-Hernandez, Ulda Aponte. (Deputy Clerk - DH, ) |
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Filing 51
ORDER granting #45 Motion for Leave to File exhibit under seal. Counsel served by NEF. Signed by Judge Malcolm J. Howard on 5/1/2008. (Deputy Clerk - DH, )
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Filing 50
ORDER denying #42 Motion to Expedite. Counsel served by NEF. Signed by Judge Malcolm J. Howard on 5/1/2008. (Deputy Clerk - DH, )
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Filing 49
ORDER granting #48 Motion for Extension of Time. Plaintiff shall have until May 15, 2008 to file their motion for conditional certification under the FLSA and class certification under Rule 23. Defendant shall have until June 15, 2008 to respond. Counsel served by NEF. Signed by USMJ David W. Daniel on 4/29/2008. (Deputy Clerk - DH, )
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| Filing 48 Joint MOTION for Extension of Time to File Motion by Liliana Martinez-Hernandez, Ulda Aponte. (Willis, Robert) |
| Filing 47 RESPONSE in Opposition re #42 MOTION to Expedite / Shorten the Time Limit to File a Motion in Opposition to Plaintiffs' Motion to Strike Additional Arguments in Defendant's Reply Brief or in the Alternative Allowing Plaintiffs' to File a Sur-Reply filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Derrick, Paul) |
| Motions Submitted: #42 MOTION to Expedite Shorten the Time Limit to File a Motion in Opposition to Plaintiffs' Motion to Strike Additional Arguments in Defendant's Reply Brief or in the Alternative Allowing Plaintiffs' to File a Sur-Reply forwarded to Judge Howard for consideration. (Deputy Clerk - DH, ) |
| Motions Submitted: #45 MOTION for Leave to File forwarded to Judge Howard for consideration. (Deputy Clerk - DH, ) |
| NOTICE OF CORRECTION re: #44 Motion for Leave to File. Counsel please disregard DE #44. Docket entry did not seal. Case manager will correct the entry. (Deputy Clerk - DH, ) |
| Filing 46 PROPOSED SEALED Document: Exhibit 3 by Plaintiffs Liliana Martinez-Hernandez, Ulda Aponte re #45 MOTION for Leave to File. (Deputy Clerk - DH, ) |
| Filing 45 MOTION for Leave to File by Liliana Martinez-Hernandez, Ulda Aponte. (Deputy Clerk - DH, ) |
| Filing 44 MOTION for Leave to File by Liliana Martinez-Hernandez and Ulda Aponte. (Attachments: # 1 Exhibit 3) (Deputy Clerk - DH, ) (Additional attachment(s) added on 4/14/2008: #2 Exhibit 3) (Deputy Clerk - DH, ). (Additional attachment(s) added on 4/14/2008: #3 Plaintiff's Motion to Seal) (Deputy Clerk - DH, ). |
| Filing 43 Memorandum in Support of Plaintiffs' Motion to Shorten the Time Limit to File an Opposition to Plaintiffs' Motion to Strike Additional Arguments in Defendant's Reply Brief or in the Alternative Allowing Plaintiffs' to File a Surreply filed by Liliana Martinez-Hernandez, Ulda Aponte. (Willis, Robert) |
| Filing 42 MOTION to Expedite / Shorten the Time Limit to File a Motion in Opposition to Plaintiffs' Motion to Strike Additional Arguments in Defendant's Reply Brief or in the Alternative Allowing Plaintiffs' to File a Sur-Reply by Liliana Martinez-Hernandez, Ulda Aponte. (Willis, Robert) |
| Filing 41 Memorandum in Support of Striking Additional Arguments in Defendant's Reply Brief or in the Alternative Allowing Plaintiffs' to File a Sur-Reply filed by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Exhibit 1 of Plaintiff's Memorandum in Support of Motion to Strike - Plaintiff's Sur-Reply Memorandum, #2 Exhibit 1 of Plaintiff's Sur-Reply Memorandum, #3 Exhibit 2 of Plaintiff's Sur-Reply Memorandum, #4 Exhibit 4 of Plaintiff's Sur-Reply Memorandum, #5 Exhibit 5 of Plaintiff's Sur-Reply Memorandum, #6 Exhibit 6 of Plaintiff's Sur-Reply Memorandum, #7 Supplement to Plaintiff's Sur-Reply Memorandum - Mikels v. Unique Tool & Mfg. Co., Inc., #8 Supplement to Plaintiffs' Sur-Reply Memorandum - Atlantic Skanska, Inc. v. City of Charlotte, N.C., #9 Supplement to Plaintiffs' Sur-Reply Memorandum - Declaration of Robert Willis, #10 Exhibit 2 of Plaintiffs' Memorandum in Support of Motion to Strike, #11 Supplement to Plaintiffs' Memorandum in Support of Motion to Strike - USMoney Source, Inc. v. American Intern, #12 Supplement to Plaintiffs' Memorandum in Support of Motion to Strike - CompuSpa, Inc. v. International Business Machines Corp., #13 Supplement to Plaintiffs' Memorandum in Support of Motion to Strike -CompuSpa, Inc. v. International Business Machines Corp., #14 Supplement to Plaintiffs' Memorandum in Support of Motion to Strike - Barnette v. City of Phenix City) (Willis, Robert) |
| Filing 40 MOTION to Strike Additional Arguments in Defendant's Reply Brief or in the Alternative Allowing Plaintiffs' to File a Surreply by Liliana Martinez-Hernandez, Ulda Aponte. (Willis, Robert) |
| Motions Submitted: #40 MOTION to Strike Additional Arguments in Defendant's Reply Brief or in the Alternative Allowing Plaintiffs' to File a Surreply, #42 MOTION to Expedite / Shorten the Time Limit to File a Motion in Opposition to Plaintiffs' Motion to Strike Additional Arguments in Defendant's Reply Brief or in the Alternative Allowing Plaintiffs' to File a Sur-Reply forwarded to Judge Howard for consideration. (Deputy Clerk - DH, ) |
| Motions No Longer Referred to Judge Daniel: #29 MOTION for Partial Summary Judgment Dismissing Plaintiffs' Second Claim for Relief submitted to Judge Howard. (Deputy Clerk - DH, ) |
| Motions Submitted: #29 MOTION for Partial Summary Judgment Dismissing Plaintiffs' Second Claim for Relief w/DE#39 Reply, DE#33 Response to DE#29 to Judge Howard via email. (Deputy Clerk - JHC, ) |
| MOTIONS REFERRED: #29 MOTION for Partial Summary Judgment Dismissing Plaintiffs' Second Claim for Relief w/DE#39 Reply, DE#33 Response to DE#29 Motion for partial summary judgment & DE#30 Memorandum in support of DE#29. Motions referred to USMJDavid W. Daniel. (Deputy Clerk - JHC, ) |
| Filing 39 REPLY to Response to Motion re #29 MOTION for Partial Summary Judgment Dismissing Plaintiffs' Second Claim for Relief filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit 1 - Scheduling Order and Discovery Plan, #2 Exhibit 2 - Barclay White Skanska, Inc. v. Battelle Mem. Inst., #3 Exhibit 3 - Queen v. RHA Health Servs., Inc.) (Derrick, Paul) |
| Filing 38 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte of Appearance of Matt Dunn on behalf of all plaintiffs (Willis, Robert) |
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Filing 37
ORDER granting #36 Motion for Extension of Time to File Reply. Reply due by 3/27/2008. Counsel served by NEF. Signed by Dennis P. Iavarone, Clerk of Court on 3/20/2008. (Deputy Clerk - DH, )
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| Filing 36 Consent MOTION for Extension of Time to File Response/Reply as to #33 Memorandum in Opposition,, in Support of Defendant's Motion for Partial Summary Judgment by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Text of Proposed Order) (Derrick, Paul) |
| MOTIONS REFERRED: #36 Consent MOTION for Extension of Time to File Reply forwarded to the Clerk for consideration. Motions referred to Clerk of Court. (Deputy Clerk - DH, ) |
| Filing 35 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte of Appearance of Dan Getman on behalf of all plaintiffs (Willis, Robert) |
| Filing 33 Memorandum in Opposition to Defendant's Motion for Partial Summary Judgment Dismissing Plaintiff's Second Claim for Relief filed by Liliana Martinez-Hernandez, Ulda Aponte. (Attachments: #1 Supplement Barton v The Pantry, Inc., #2 Sworn Declaration of Liliana Martinez-Hernandez, #3 Supplement Morales-Arcadio v Shannon Produce, #4 Sworn Declaration of Ulda Aponte, #5 Sworn Declaration of Yoana Caceres, #6 Supplement Padilla v. Maxwell, #7 Supplement Raudales v. L&L Framing, #8 Supplement Velazquez v. Jesco) (Willis, Robert) |
| Filing 34 NOTICE of Appearance for non-district counsel Suzanne M. Alford on behalf of Defendant Butterball, LLC. (Deputy Clerk - JJ, ) |
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Filing 32
ORDER - This matter is before the court with regard to the parties Joint Stipulation and Order of Confidentiality. It is ORDERED that the Joint Stipulation and Order of Confidentiality is GRANTED with the caveat that any party seeking to file sealed materials must comply with Local Rules 79.2, EDNC. Counsel served by NEF. Signed by USMJ David W. Daniel on 3/4/2008. (Deputy Clerk - DH, )
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| This is a test message - counsel please disregard. (Deputy Clerk - DH, ) |
| Filing 31 STIPULATION OF DISCOVERY (Joint) and Order of Confidentiality by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Derrick, Paul) |
| Filing 30 Memorandum in Support re #29 MOTION for Partial Summary Judgment Dismissing Plaintiffs' Second Claim for Relief filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Attachments: #1 Exhibit 1 - Queen v. RHA Health Services, Inc., #2 Exhibit 2 - Nimmons v. RBC Insurance Holdings (USA), Inc.) (Derrick, Paul) |
| Filing 29 MOTION for Partial Summary Judgment Dismissing Plaintiffs' Second Claim for Relief by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Derrick, Paul) |
| Filing 28 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte (Willis, Robert) |
| Filing 27 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte (Willis, Robert) |
| Filing 26 NOTICE by Liliana Martinez-Hernandez, Ulda Aponte (Willis, Robert) |
| Filing 25 NOTICE of Change of Address by Paul H. Derrick (Derrick, Paul) |
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Filing 24
SCHEDULING ORDER: Discovery due by 7/30/2008.,Motions due by 9/1/2008.,Jury Trial set for 12/15/2008 10:00 AM in Greenville - Courtroom before Judge Malcolm J. Howard. Counsel served by NEF. Calendar copy. Signed by Judge David W. Daniel on 11/19/2007. (Deputy Clerk - DH, )
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| MOTIONS REFERRED: #22 Consent MOTION for Extension of Time to File Initial Disclosures forwarded to Judge Daniel for consideration. Motions referred to David W. Daniel. (Deputy Clerk - DH, ) |
| Filing 23 REPORT of Rule 26(f) Planning Meeting by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Derrick, Paul) |
| Filing 22 Consent MOTION for Extension of Time to File Initial Disclosures by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.). (Derrick, Paul) |
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Filing 21
ORDER FOR DISCOVERY PLAN sent to all parties. Discovery Plan due by November 3, 2007. Signed by Dennis P. Iavarone, Clerk of Court on 9/20/2007. (Deputy Clerk - DH, )
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| Filing 20 NOTICE of Appearance for non-district by L. Dale Owens. (Deputy Clerk - LKF, ) |
| Filing 19 NOTICE of Appearance for non-district by Stephen X. Munger. (Deputy Clerk - LKF, ) |
| Filing 18 STIPULATION of Dismissal by Liliana Martinez-Hernandez and Ulda Aponte without prejudice as to the defendants Maxwell Farms, LLC, f/k/a Maxwell Farms, Inc.; Maxwell Farms, Inc. and Smithfield Foods, Inc. Defendant Butterball, LLC f/k/a Carolina Turkeys is now the sole defendant. Stipulation approved by Judge Howard 8/3/2007. cys served electronically to counsel. (Deputy Clerk - DH, ) |
| Filing 17 STIPULATION of Dismissal regarding Defendants other than Butterball LLC by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.), Maxwell Farms, LLC, Maxwell Farms, Inc., Smithfield Foods, Inc.. (Derrick, Paul) |
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Filing 16
ORDER granting #15 Motion for Extension of Time to Answer. Maxwell Farms, LLC answer due 7/30/2007; Maxwell Farms, Inc. answer due 7/30/2007; Smithfield Foods, Inc. answer due 7/30/2007.. Signed by Judge David W. Daniel on 7/10/2007. (Deputy Clerk - SDF)
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| Filing 15 Consent MOTION for Extension of Time to File Answer or Otherwise Plead or Move in Response to Complaint by Maxwell Farms, LLC, Maxwell Farms, Inc., Smithfield Foods, Inc.. (Attachments: #1 Order) (Derrick, Paul) |
| MOTIONS REFERRED: #15 Consent MOTION for Extension of Time to File Answer or Otherwise Plead forwarded to Judge Daniel for consideration. Motions referred to David W. Daniel. (Deputy Clerk - DH, ) |
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Filing 14
ORDER granting #13 Motion for Extension of Time to Answer. Maxwell Farms, LLC, Maxwell Farms, Inc., Smithfield Foods, Inc. answers due 7/9/2007. Signed by dennis Iavarone, Clerk of Court on 7/3/2007. (Deputy Clerk - SDF, )
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| MOTIONS REFERRED: #13 Consent MOTION for Extension of Time to File Answer Motions referred to Clerk of Court. (Deputy Clerk - SDF, ) |
| Filing 13 Consent MOTION for Extension of Time to File Answer by Maxwell Farms, LLC, Maxwell Farms, Inc., Smithfield Foods, Inc.. (Attachments: #1 Certificate of Service#2 Order) (Derrick, Paul) |
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Filing 12
ORDER granting #10 Motion for Extension of Time to Answer by Maxwell Farms, LLC answer due 7/2/2007; Maxwell Farms, Inc. answer due 7/2/2007; Smithfield Foods, Inc. answer due 7/2/2007. cys served. Signed by Dennis P. Iavarone, Clerk of Court on 6/4/2007. (Deputy Clerk - DH, )
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| Filing 11 ANSWER to Amended Complaint by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.).(Derrick, Paul) |
| MOTIONS #10 Consent MOTION for Extension of Time to File Answer re #1 Notice of Removal or Otherwise Plead REFERRED to Dennis P. Iavarone, Clerk of Court for consideration. (Deputy Clerk - DH, ) |
| Filing 10 Consent MOTION for Extension of Time to File Answer re #1 Notice of Removal,, or Otherwise Plead or Move in Response to the Complaint by Maxwell Farms, LLC, Maxwell Farms, Inc., Smithfield Foods, Inc.. (Attachments: #1 Text of Proposed Order)(Derrick, Paul) |
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Filing 9
ORDER granting #2 Motion for Extension of Time to Answer Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.) answer due 6/1/2007; Maxwell Farms, LLC answer due 6/1/2007; Maxwell Farms, Inc. answer due 6/1/2007; Smithfield Foods, Inc. answer due 6/1/2007. cys served electronically. Signed by Judge David W. Daniel on 5/21/2007. (Deputy Clerk - DH, )
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| Filing 8 AMENDED COMPLAINT against all defendants, filed by Liliana Martinez-Hernandez, Ulda Aponte.(Alexander, Joel) |
| Filing 7 FINANCIAL DISCLOSURE STATEMENT by Maxwell Farms, Inc... (Derrick, Paul) |
| Filing 6 FINANCIAL DISCLOSURE STATEMENT by Smithfield Foods, Inc... (Derrick, Paul) |
| Filing 5 FINANCIAL DISCLOSURE STATEMENT by Maxwell Farms, LLC.. (Derrick, Paul) |
| Filing 4 FINANCIAL DISCLOSURE STATEMENT by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.).. (Derrick, Paul) |
| Filing 3 Proposed Order re #2 MOTION for Extension of Time to File Answer re #1 Notice of Removal,, Complaint filed by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.), Maxwell Farms, LLC, Maxwell Farms, Inc., Smithfield Foods, Inc.. (Derrick, Paul) |
| Filing 2 MOTION for Extension of Time to File Answer re #1 Notice of Removal,, Complaint by Butterball, LLC(formerly known as Carolina Turkeys, a joint enterprise of Maxwell Farms, Inc. and Smithfield Foods, Inc.), Maxwell Farms, LLC, Maxwell Farms, Inc., Smithfield Foods, Inc.. (Derrick, Paul) |
| Remark - Case manager received a call from Kathy Spratt with Jackson Lewis, counsel for the defendants, advising there are four defendants in the case. Ms. Spratt stated that defendant Maxwell Farms, Inc. is a separate defendant from Smithfield Foods, Inc., d/b/a Carolina Turkeys, a joint venture. Case manager advised Ms. Spratt that she would correct the docket sheet to reflect the proper defendants. (Deputy Clerk - DH, ) |
| MOTIONS #2 MOTION for Extension of Time to File Answer re #1 Notice of Removal,, Complaint REFERRED to Judge Daniel for consideration. (Deputy Clerk - DH, ) |
| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Butterball, LLC, Carolina Turkeys, Smithfield Foods Incorporated, Maxwell Farms, Inc.. Pursuant to Fed. R. Civ. P. 7.1 and Local Civil Rule 7.3, all parties must file a corporate affiliate/financial interest disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerks office and on the courts website. (Deputy Clerk - LKF, ) |
| Filing 1 NOTICE OF REMOVAL by Butterball, LLC, Carolina Turkeys, Smithfield Foods Incorporated, Maxwell Farms, Inc., Butterball, LLC, Carolina Turkeys, Smithfield Foods Incorporated, Maxwell Farms, Inc. from Wayne County Superior Court, case number 07-825. ( Filing fee $ 350 receipt number 362680), filed by Butterball, LLC, Carolina Turkeys, Smithfield Foods Incorporated, Maxwell Farms, Inc., Butterball, LLC, Carolina Turkeys, Smithfield Foods Incorporated, Maxwell Farms, Inc.. (Attachments: #1 State Court Documents#2 Civil Cover Sheet #3 Civil Summons)(Derrick, Paul) |
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