Jean-Francois et al v. Smithfield Foods, Inc. et al
Plaintiff: Emmanuel Jean-Francois, Alicia Johnson and Wanda King
Defendant: Smithfield Foods, Inc., Smithfield Packaged Meats Corp., Smithfield Fresh Meats Corp. and Smithfield Distribution, LLC
Case Number: 7:2022cv00063
Filed: April 19, 2022
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: James C Dever
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201 Fair Labor Standards Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 27, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 13, 2023 Opinion or Order Filing 49 ORDER Appointing Mediator - Steve Dunn appointed. Signed by Peter A. Moore, Jr., Clerk of Court on 7/13/2023. (Mann, Stephanie)
July 10, 2023 Opinion or Order Filing 48 ORDER - The court GRANTS defendants' motion to file a sur-reply #45 and DENIES as duplicative plaintiffs' motion for FLSA collective action certification #33 . Signed by District Judge James C. Dever III on 7/10/2023. (Mann, Stephanie)
March 17, 2023 Opinion or Order Filing 47 Selection of Michael Russell/Steve Dunn as mediator filed by Smithfield Distribution, LLC, Smithfield Foods, Inc., Smithfield Fresh Meats Corp., Smithfield Packaged Meats Corp.. (Adams, Joshua)
March 16, 2023 Opinion or Order Filing 46 Proposed Order regarding #45 MOTION for Leave to File Sur-Reply Opposing Plaintiff's Motion for Conditional Certification filed by Smithfield Distribution, LLC, Smithfield Foods, Inc., Smithfield Fresh Meats Corp., Smithfield Packaged Meats Corp.. (Adams, Joshua)
March 16, 2023 Opinion or Order Motion Submitted to District Judge James C. Dever III regarding #45 MOTION for Leave to File Sur-Reply Opposing Plaintiff's Motion for Conditional Certification. (Mann, Stephanie)
March 16, 2023 Opinion or Order Notice to Counsel regarding: #45 Motion for Leave to File. This is a notice regarding docket entry #45 in the above-captioned case. Pursuant to Local Civil Rule 7.1(b)(3) and Section V(I)(3) of the CM/ECF Policy and Procedures Manual and Judge Dever's practice preferences, parties must file a proposed order with any non-dispositive motion. Please file a proposed order to the motion at docket entry #45 using the event 'Proposed Order' in the Responses and Replies category and link it back to the motion to which it corresponds. (Mann, Stephanie)
March 3, 2023 Opinion or Order Second NOTICE TO COUNSEL - Pursuant to Local ADR Rule 101.1c(a), counsel is reminded that the parties must file a written statement identifying an agreed upon mediator within twenty one (21) days of the entry of the Scheduling Order. This statement was not timely filed. The court will allow fourteen (14) more days to file a written statement identifying an agreed upon mediator. If a statement is not timely filed, the Clerk of Court will appoint a mediator from the list of court certified mediators. Selection of Mediator must be electronically filed on or before 3/17/2023. (Mann, Stephanie)
February 21, 2023 Opinion or Order Filing 45 MOTION for Leave to File Sur-Reply Opposing Plaintiff's Motion for Conditional Certification filed by Smithfield Distribution, LLC, Smithfield Foods, Inc., Smithfield Fresh Meats Corp., Smithfield Packaged Meats Corp. (Attachments: #1 Exhibit A - Sur-Reply in Opposition, #2 Exhibit B - Declaration of Mary Butler (Adams, Joshua)
February 16, 2023 Opinion or Order Motion Submitted to District Judge James C. Dever III regarding #33 MOTION to Conditionally Certify a Collective Action and Facilitate Notice under 29 U.S.C. Section 216(b). (Mann, Stephanie)
February 14, 2023 Opinion or Order Filing 44 Declaration regarding #43 Reply to Response to Motion, by Emmanuel Jean-Francois, Alicia Johnson, Wanda King (Attachments: #1 Exhibit A - Our Brands Webpage, #2 Exhibit B - Job Search Webpage, #3 Exhibit C - Walk-In Hiring Events Webpage, #4 Exhibit D - General Production Job Posting, #5 Exhibit E - Careers Webpage, #6 Exhibit F - Internal Hires Webpage, #7 Exhibit G - Second Internal Hires Webpage, #8 Exhibit H - Fresh Meats Secretary of State Annual Report, #9 Exhibit I - Packaged Meats Secretary of State Annual Report, #10 Exhibit J - Distribution Secretary of State Annual Report) (Slabosky, Ethan)
February 14, 2023 Opinion or Order Filing 43 REPLY to Response to Motion regarding #33 MOTION to Conditionally Certify a Collective Action and Facilitate Notice under 29 U.S.C. Section 216(b) filed by Emmanuel Jean-Francois, Alicia Johnson, Wanda King. (Attachments: #1 Exhibit 1 - Canas Consolidation Order, #2 Exhibit 2 - Alicia Johnson Declaration, #3 Exhibit 3 - Wanda King Declaration) (Slabosky, Ethan)
February 13, 2023 Opinion or Order TEXT ORDER granting Plaintiffs' Consent Motion for Extension of Time #42 . For good cause shown, it is ordered that Plaintiffs have up to and including February 14, 2023, within which to file their reply in support of Motion to Conditionally Certify a Collective Action and Facilitate Notice under 29 U.S.C. Section 216(b) #33 . Signed by Peter A. Moore, Jr., Clerk of Court on 2/13/2023. (Hockaday, A.)
February 13, 2023 Opinion or Order Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #42 Consent MOTION for Extension of Time to File Reply. (Sellers, N.)
February 10, 2023 Opinion or Order Filing 42 Consent MOTION for Extension of Time to File Response/Reply filed by Emmanuel Jean-Francois, Alicia Johnson, Wanda King. (Attachments: #1 Text of Proposed Order Motion for Extension of Time to File Reply) (Slabosky, Ethan)
February 8, 2023 Opinion or Order Filing 41 Notice of Appearance filed by Ethan Slabosky on behalf of All Plaintiffs. (Slabosky, Ethan)
February 8, 2023 Opinion or Order Filing 40 SCHEDULING ORDER: Discovery due by 1/5/2024. Motions due by 2/2/2024. The matter will be set for trial by separate order. Counsel should read the order in its entirety for critical deadlines and information. Signed by District Judge James C. Dever III on 2/8/2023. (Attachments: #1 Consent to United States Magistrate Judge Form) (Sellers, N.)
February 8, 2023 Opinion or Order NOTICE TO COUNSEL - Pursuant to Local ADR Rule 101.1c(a), counsel is reminded that the parties must file a written statement identifying an agreed upon mediator within twenty one (21) days of the entry of the Scheduling Order. If a statement is not timely filed, the Clerk of Court will appoint a mediator from the list of court certified mediators. Selection of Mediator must be electronically filed on or before 3/1/2023. (Sellers, N.)
February 1, 2023 Opinion or Order Filing 39 Rule 26(f) Report (joint) filed by Smithfield Distribution, LLC, Smithfield Foods, Inc., Smithfield Fresh Meats Corp., Smithfield Packaged Meats Corp.. (Adams, Joshua)
February 1, 2023 Opinion or Order Notice to Counsel regarding: #38 Rule 26(f) Report (joint). Counsel is reminded that all pleadings must comply with Local Rule 10.1(a) in regards to spacing, which you may obtain on the court's website at www.nced.uscourts.gov. Your documents must be double-spaced. Please re-file the document in compliance with this rule. (Sellers, N.)
January 31, 2023 Opinion or Order Filing 38 DISREGARD. Corrected and re-filed at #39 . Rule 26(f) Report (joint) filed by Smithfield Distribution, LLC, Smithfield Foods, Inc., Smithfield Fresh Meats Corp., Smithfield Packaged Meats Corp.. (Adams, Joshua) Modified on 2/1/2023 (Sellers, N.).
January 27, 2023 Opinion or Order Filing 37 RESPONSE in Opposition regarding #33 MOTION to Conditionally Certify a Collective Action and Facilitate Notice under 29 U.S.C. Section 216(b) filed by Smithfield Distribution, LLC, Smithfield Foods, Inc., Smithfield Fresh Meats Corp., Smithfield Packaged Meats Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Adams, Joshua)
January 20, 2023 Opinion or Order TEXT ORDER granting Defendants' Motion for Extension of Time #36 . For good cause shown, it is ordered that Defendants have up to and including January 27, 2023, within which to respond to the Motion to to Conditionally Certify a Collective Action and Facilitate Notice under 29 U.S.C. Section 216(b) #33 . Signed by Peter A. Moore, Jr., Clerk of Court on 1/20/2023. (Hockaday, A.)
January 20, 2023 Opinion or Order Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #36 Consent MOTION for Extension of Time to File Response/Reply as to #33 MOTION to Conditionally Certify a Collective Action and Facilitate Notice under 29 U.S.C. Section 216(b). (Reznick, Debra)
January 19, 2023 Opinion or Order Filing 36 Consent MOTION for Extension of Time to File Response/Reply as to #33 MOTION to Conditionally Certify a Collective Action and Facilitate Notice under 29 U.S.C. Section 216(b) filed by Smithfield Distribution, LLC, Smithfield Foods, Inc., Smithfield Fresh Meats Corp., Smithfield Packaged Meats Corp.. (Attachments: #1 Text of Proposed Order) (Adams, Joshua)
January 10, 2023 Opinion or Order Filing 35 STATUS REPORT Joint by Smithfield Distribution, LLC, Smithfield Foods, Inc., Smithfield Fresh Meats Corp., Smithfield Packaged Meats Corp. (Adams, Joshua)
December 30, 2022 Opinion or Order Filing 34 Memorandum in Support regarding #33 MOTION to Conditionally Certify a Collective Action and Facilitate Notice under 29 U.S.C. Section 216(b) filed by Emmanuel Jean-Francois, Alicia Johnson, Wanda King. (Attachments: #1 Exhibit 1 - Proposed Notice, #2 Exhibit 2 - Consent to Become Party Plaintiff Form, #3 Exhibit 3 - Declaration of Emmanuel Jean-Francois, #4 Exhibit 4 - Declaration of Alicia Johnson, #5 Exhibit 5 - Declaration of Wanda King, #6 Exhibit Smithfield Letter to Congress) (Stanton, Corey)
December 30, 2022 Opinion or Order Filing 33 MOTION to Conditionally Certify a Collective Action and Facilitate Notice under 29 U.S.C. Section 216(b) filed by Emmanuel Jean-Francois, Alicia Johnson, Wanda King. (Attachments: #1 Text of Proposed Order) (Stanton, Corey)
December 22, 2022 Opinion or Order Filing 32 Notice of Special Appearance for non-district by Donald C. Lauderdale on behalf of Smithfield Distribution, LLC, Smithfield Foods, Inc., Smithfield Fresh Meats Corp., Smithfield Packaged Meats Corp.. (Lauderdale, Donald)
December 22, 2022 Opinion or Order Filing 31 Notice of Special Appearance for non-district by Thomas Chase Samples on behalf of Smithfield Distribution, LLC, Smithfield Foods, Inc., Smithfield Fresh Meats Corp., Smithfield Packaged Meats Corp.. (Samples, Thomas)
December 19, 2022 Opinion or Order Filing 30 ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 12/19/2022. (Sellers, N.)
December 19, 2022 Opinion or Order Filing 29 ORDER denying #11 Motion to Dismiss or transfer proceedings. Signed by District Judge James C. Dever III on 12/19/2022. (Sellers, N.)
December 9, 2022 Opinion or Order Filing 28 STATUS REPORT Joint by Smithfield Distribution, LLC, Smithfield Foods, Inc., Smithfield Fresh Meats Corp., Smithfield Packaged Meats Corp. (Adams, Joshua)
November 28, 2022 Opinion or Order Filing 27 ORDER - Not later than December 9, 2022, the parties shall file a joint statement updating the court on the status of this case. That report shall advise the court of the status of settlement negotiations and the status of Winking v. Smithfield Fresh Meats Corp. and Smithfield Distribution, LLC, C.A.No. l:22-cv-1937, in the United States District Court for the Northern District of Illinois. The parties shall update the court every four weeks after December 9, 2022. Signed by District Judge James C. Dever III on 11/28/2022. (Sellers, N.)
November 7, 2022 Opinion or Order Filing 26 REPLY to Response to Motion regarding #11 MOTION to Dismiss or to Transfer Proceedings filed by Smithfield Distribution, LLC, Smithfield Foods, Inc., Smithfield Fresh Meats Corp., Smithfield Packaged Meats Corp.. (Adams, Joshua)
November 7, 2022 Opinion or Order Motion Submitted to District Judge James C. Dever III regarding #11 MOTION to Dismiss or to Transfer Proceedings. (Sellers, N.)
October 24, 2022 Opinion or Order Filing 25 Memorandum in Opposition regarding #11 MOTION to Dismiss or to Transfer Proceedings filed by Emmanuel Jean-Francois, Alicia Johnson, Wanda King. (Stanton, Corey)
October 18, 2022 Opinion or Order Filing 24 ORDER granting #23 MOTION for Extension of Time to File Response as to #11 MOTION to Dismiss or to Transfer Proceedings (Unopposed Motion). Responses due by 10/24/2022. Signed by District Judge James C. Dever III on 10/18/2022. (Sellers, N.)
October 18, 2022 Opinion or Order Motion Submitted to District Judge James C. Dever III regarding #23 MOTION for Extension of Time to File Response as to #11 MOTION to Dismiss or to Transfer Proceedings (Unopposed Motion). (Sellers, N.)
October 17, 2022 Opinion or Order Filing 23 MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss or to Transfer Proceedings (Unopposed Motion) filed by Emmanuel Jean-Francois, Alicia Johnson, Wanda King. (Attachments: #1 Text of Proposed Order) (Gibbons, Philip)
September 29, 2022 Opinion or Order Motion Submitted to District Judge James C. Dever III regarding #11 MOTION to Dismiss or to Transfer Proceedings. (Sellers, N.)
July 1, 2022 Opinion or Order Filing 22 ORDER granting #20 Motion to Stay. Proceedings in this civil action are stayed and deadlines are suspended up to and including September 15, 2022. Signed by District Judge James C. Dever III on 7/1/2022. (Sellers, N.)
July 1, 2022 Opinion or Order Filing 21 Defendant's ANSWER to #1 Complaint,, by Smithfield Distribution, LLC, Smithfield Foods, Inc., Smithfield Fresh Meats Corp., Smithfield Packaged Meats Corp.. (Adams, Joshua)
July 1, 2022 Opinion or Order Motion Submitted to District Judge James C. Dever III regarding #20 Joint MOTION to Stay Proceedings Pending Settlement Discussions. (Sellers, N.)
June 30, 2022 Opinion or Order Filing 20 Joint MOTION to Stay Proceedings Pending Settlement Discussions filed by Emmanuel Jean-Francois, Alicia Johnson, Wanda King. (Attachments: #1 Exhibit A - Tolling Agreement, #2 Text of Proposed Order) (Gibbons, Philip)
June 21, 2022 Opinion or Order Filing 19 ORDER granting #18 Motion for Extension of Time to Answer. Smithfield Distribution, LLC answer due 7/1/2022; Smithfield Foods, Inc. answer due 7/1/2022; Smithfield Fresh Meats Corp. answer due 7/1/2022; Smithfield Packaged Meats Corp. answer due 7/1/2022. Signed by Peter A. Moore, Jr., Clerk of Court on 6/21/2022. (Sellers, N.)
June 21, 2022 Opinion or Order Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #18 Consent MOTION for Extension of Time to File Answer regarding #1 Complaint. (Sellers, N.)
June 19, 2022 Opinion or Order Filing 18 Consent MOTION for Extension of Time to File Answer regarding #1 Complaint,, filed by Smithfield Distribution, LLC, Smithfield Foods, Inc., Smithfield Fresh Meats Corp., Smithfield Packaged Meats Corp.. (Attachments: #1 Text of Proposed Order) (Adams, Joshua)
June 17, 2022 Opinion or Order Filing 17 Consent MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss or to Transfer Proceedings filed by Emmanuel Jean-Francois, Alicia Johnson, Wanda King. (Attachments: #1 Text of Proposed Order) (Gibbons, Philip)
June 17, 2022 Opinion or Order Motion Submitted to Peter A. Moore, Jr., Clerk of Court regarding #17 Consent MOTION for Extension of Time to File Response as to #11 MOTION to Dismiss or to Transfer Proceedings. (Sellers, N.)
June 17, 2022 Opinion or Order TEXT ORDER granting Plaintiffs' Consent Motion for Extension of Time #17 . For good cause shown, it is ordered that Plaintiffs have up to and including July 1, 2022, within which to respond to the Motion to Dismiss or to Transfer Proceedings #11 . Signed by Peter A. Moore, Jr., Clerk of Court on 6/17/2022. (Hockaday, A.)
May 31, 2022 Opinion or Order Notice to Counsel regarding: #16 Financial Disclosure Statement, #14 Financial Disclosure Statement, #13 Financial Disclosure Statement, #15 Financial Disclosure Statement. Counsel is reminded for future filings, when using a fillable PDF form, the Court prefers that these forms be "flattened" pursuant to Section IV(B) of the Court's Electronic Policy and Procedure Manual available on the court's website. (Sellers, N.)
May 27, 2022 Opinion or Order Filing 16 Financial Disclosure Statement by Smithfield Foods, Inc. (Adams, Joshua)
May 27, 2022 Opinion or Order Filing 15 Financial Disclosure Statement by Smithfield Fresh Meats Corp. (Adams, Joshua)
May 27, 2022 Opinion or Order Filing 14 Financial Disclosure Statement by Smithfield Packaged Meats Corp. (Adams, Joshua)
May 27, 2022 Opinion or Order Filing 13 Financial Disclosure Statement by Smithfield Distribution, LLC (Adams, Joshua)
May 27, 2022 Opinion or Order Filing 12 Memorandum in Support regarding #11 MOTION to Dismiss or to Transfer Proceedings filed by Smithfield Distribution, LLC, Smithfield Foods, Inc., Smithfield Fresh Meats Corp., Smithfield Packaged Meats Corp.. (Adams, Joshua)
May 27, 2022 Opinion or Order Filing 11 MOTION to Dismiss or to Transfer Proceedings filed by Smithfield Distribution, LLC, Smithfield Foods, Inc., Smithfield Fresh Meats Corp., Smithfield Packaged Meats Corp.. (Adams, Joshua)
May 27, 2022 Opinion or Order Filing 10 Notice of Appearance filed by Joshua Ryan Adams on behalf of All Defendants. (Adams, Joshua)
April 26, 2022 Opinion or Order Filing 9 Waiver of Service Returned Executed filed by Emmanuel Jean-Francois, Wanda King, Alicia Johnson. Smithfield Distribution, LLC waiver sent on 4/21/2022, answer due 6/20/2022; Smithfield Foods, Inc. waiver sent on 4/21/2022, answer due 6/20/2022; Smithfield Fresh Meats Corp. waiver sent on 4/21/2022, answer due 6/20/2022; Smithfield Packaged Meats Corp. waiver sent on 4/21/2022, answer due 6/20/2022. (Gibbons, Philip)
April 21, 2022 Opinion or Order Filing 8 Notice filed by Emmanuel Jean-Francois, Alicia Johnson, Wanda King Plaintiffs' Notice of Filing Consent to Become a Party Plaintiff Form. (Attachments: #1 Exhibit 3 - Emmanuel Jean-Francois Consent to Become a Party Plaintiff Form) (Gibbons, Philip)
April 20, 2022 Opinion or Order Filing 7 Summons Issued as to Smithfield Distribution, LLC, Smithfield Foods, Inc., Smithfield Fresh Meats Corp., Smithfield Packaged Meats Corp. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.)
April 20, 2022 Opinion or Order Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Sellers, N.)
April 19, 2022 Opinion or Order Filing 6 Notice of Appearance filed by Corey Michael Stanton on behalf of Emmanuel Jean-Francois, Alicia Johnson, Wanda King. (Stanton, Corey)
April 19, 2022 Opinion or Order Filing 5 Financial Disclosure Statement by Wanda King (Gibbons, Philip)
April 19, 2022 Opinion or Order Filing 4 Financial Disclosure Statement by Alicia Johnson (Gibbons, Philip)
April 19, 2022 Opinion or Order Filing 3 Financial Disclosure Statement by Emmanuel Jean-Francois (Gibbons, Philip)
April 19, 2022 Opinion or Order Filing 2 Notice of Appearance filed by Philip J. Gibbons, Jr on behalf of Emmanuel Jean-Francois, Alicia Johnson, Wanda King. (Gibbons, Philip)
April 19, 2022 Opinion or Order Filing 1 COMPLAINT against Smithfield Distribution, LLC, Smithfield Foods, Inc., Smithfield Fresh Meats Corp., Smithfield Packaged Meats Corp. ( Filing fee $ 402 receipt number 0417-6525162.), filed by Emmanuel Jean-Francois, Wanda King, Alicia Johnson. (Attachments: #1 Exhibit 1 - Alicia Johnson Consent to Become a Party Plaintiff Form, #2 Exhibit 2 - Wanda King Consent to Become a Party Plaintiff Form, #3 Civil Cover Sheet, #4 Proposed Summons Smithfield Foods, Inc., #5 Proposed Summons Smithfield Packaged Meats Corp., #6 Proposed Summons Smithfield Fresh Meats Corp., #7 Proposed Summons Smithfield Distribution, LLC) (Gibbons, Philip)

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Search for this case: Jean-Francois et al v. Smithfield Foods, Inc. et al
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Plaintiff: Emmanuel Jean-Francois
Represented By: Corey Michael Stanton
Represented By: Philip J. Gibbons, Jr.
Represented By: Ethan Slabosky
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Plaintiff: Alicia Johnson
Represented By: Corey Michael Stanton
Represented By: Philip J. Gibbons, Jr.
Represented By: Ethan Slabosky
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Plaintiff: Wanda King
Represented By: Corey Michael Stanton
Represented By: Philip J. Gibbons, Jr.
Represented By: Ethan Slabosky
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Defendant: Smithfield Foods, Inc.
Represented By: Joshua Ryan Adams
Represented By: Thomas Chase Samples
Represented By: Donald C. Lauderdale
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Defendant: Smithfield Packaged Meats Corp.
Represented By: Joshua Ryan Adams
Represented By: Thomas Chase Samples
Represented By: Donald C. Lauderdale
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Defendant: Smithfield Fresh Meats Corp.
Represented By: Joshua Ryan Adams
Represented By: Donald C. Lauderdale
Represented By: Thomas Chase Samples
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Defendant: Smithfield Distribution, LLC
Represented By: Joshua Ryan Adams
Represented By: Donald C. Lauderdale
Represented By: Thomas Chase Samples
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