Case Details

CourtNorthern District of Alabama
Docket number4:07-cv-00647
Date case filed2007-04-09
Date case closed2007-11-13
Date of latest filing
Assigned toJudge R David Proctor
Case cause29:201 Fair Labor Standards Act
Nature of suit710 Labor: Fair Standards
Jury demandPlaintiff
Demand
JurisdictionFederal Question

Case Parties

Party: James A Harris, Jr.
Party type: Special Master
Party: Robert Thomas Dunn
Party type: Plaintiff
Attorney name: Seth M Hunter
Attorney Contact:
SETH M HUNTER, ATTORNEY & COUNSELOR AT LAW PLLC
404 Hemphill Street
Hattisburg, MS 39401
601-450-8682
Fax: 601-450-8683
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert L Salim
Attorney Contact:
ROBERT SALIM ATTORNEY
1762 Texas Street
Natchitoches, LA 71457
318-352-5999
Fax: 318-352-5998
ATTORNEY TO BE NOTICED

Attorney name: William S Hommel , Jr
Attorney Contact:
WILLIAM S HOMMEL JR PC
130 Shelley Drive, Suite C
Tyler, TX 75701
903-596-7100
Fax: 903-596-7464
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Christin Edmondson
Party type: Plaintiff
Attorney name: Seth M Hunter
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert L Salim
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: William S Hommel , Jr
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Wayne Farms, LLC
Party type: Defendant
Attorney name: Pepper Crutcher , Jr
Attorney Contact:
BALCH & BINGHAM LLP
401 East Capitol Street, Sutie 200
Jackson, MS 39201
601-965-8158
Fax: 601-254-2607
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Lisa J Sharp
Attorney Contact:
BALCH & BINGHAM LLP
1901 Sixth Avenue North
P O Box 306
Birmingham, AL 35201-0306
205-226-8714
Fax: 205-226-8798
Email: [email protected]
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12007-04-09 ORDER TO SEVER AND TRANSFER ALABAMA PLAINTIFFS: Case transferred in from the Southern District of Mississippi, Hattiesburg Division; Case Number 2:06-cv-268-KS-MTP. Original file certified copy of transfer order and docket sheet received. (Attachments: # 1 Exhibit docket summary)(KSS, ) (Entered: 04/10/2007)
22007-04-09 COMPLAINT against Wayne Farms, LLC , filed by Robert Thomas Dunn, Christin Edmondson (filed in the Southern District of Mississippi 12/13/2006)(KSS, ) (Entered: 04/10/2007)
32007-04-09 ANSWER to Complaint by Wayne Farms, LLC (filed in the Southern District of Mississippi 1/8/2007)(KSS, ) (Entered: 04/10/2007)
42007-04-10 ALND UNIFORM INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS reminding parties of their obligations under FRCP 26(f) and LR26.1(d) - with appendices attached. Signed by Judge R David Proctor on 4/10/2007. (KSS, ) (Entered: 04/10/2007)
52007-04-11 ORDER the court ORDERS that these case be consolidated for the purposes of dicovery, pre-trial and all other deadlines, parties are to file documents in the lead case (4:06-CV-2095-RDP) only; all documents should contain the lead case number (4:06-CV-2095-RDP) as well as the member case number (4:07-CV-0647-RDP). Signed by Judge R David Proctor on 4/11/2007. (KSS, ) (Entered: 04/11/2007)
62007-04-13 TRANSCRIPT of Status Conference held on March 29, 2007 before Judge Inge P. Johnson and Judge R. David Proctor. Court Reporter: Leah S. Turner. [Contact court reporter for copy of transcript] Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(ASL, ) (Entered: 04/16/2007)
72007-04-17 REPLY to re 49 PLAINTIFFS' REPLY TO DEFENDANT'S BRIEF IN OPPOSITION TO PLAINTIFFS MOTION FOR AN ORDER PERMITTING NOTICE TO EMPLOYEES OF THEIR OPT-IN RIGHTS (Doc. 49) filed by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(Camp, Robert) (Entered: 04/17/2007)
82007-04-17 NOTICE by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn Notice of Filing Additional Consents to Join (Attachments: # 1 Exhibit 1)Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(Camp, Robert) (Entered: 04/17/2007)
92007-04-23 MOTION for Leave to Appear Pro Hac Vice by Jimmy Belue. (Attachments: # 1 Affidavit # 2 Text of Proposed Order)Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(Hommel, William) (Entered: 04/23/2007)
102007-05-01 ORDER SETTING HEARING AND STATUS CONFERENCE the motions are hereby RESET for oral argument in each of the above-styled cases on 5/23/2007 at 10:00 AM before Judge Inge P Johnson in Courtroom 3 of the Hugo L. Black U.S. Courthouse, Birmingham, Alabama. Signed by Judge Inge P Johnson on 5/1/2007. Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(KSS, ) (Entered: 05/01/2007)
112007-05-03 NOTICE of Appearance by W Daniel Miles, III on behalf of Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Jenifier Wynn Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(Miles, W) (Entered: 05/03/2007)
122007-05-22 NOTICE of Appearance by Dorman Walker on behalf of Wayne Farms, LLC Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(Walker, Dorman) (Entered: 05/22/2007)
132007-05-25 ORDER a status conference was held, at the conference, the parties discussed the appointment of a special master, the proposed class notice, in accordance with the discussions, it is ORDERED that on or before 6/8/2007, the parties are to submit a joint status report and a proposed class notice, it is further ORDERED that on or before 6/8/2007, the parties are to submit a status report regarding the acquisition of mailing addresses for the purpose of mailing the class notice . Signed by Judge R David Proctor on 5/24/2007. Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(KSS, ) (Entered: 05/25/2007)
142007-06-06 NOTICE by Wayne Farms, LLC of Motion to Transfer and Consolidate for Pretrial Proceedings (Attachments: # 1 Exhibit A# 2 Exhibit B)Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(Crutcher, Pepper) (Entered: 06/06/2007)
152007-06-06 NOTICE by Wayne Farms, LLC of Brief Supporting Motion to Transfer and Consolidate for Pretrial Proceedings (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit L# 12 Exhibit M# 13 Exhibit N# 14 Exhibit O# 15 Exhibit P# 16 Exhibit Q# 17 Exhibit R)Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(Crutcher, Pepper) (Entered: 06/06/2007)
162007-06-07 ORDER re 59 Notice of Motion to Transfer and Consolidate for Pretrial Proceedings to the Judicial Panel on MDL, accordingly, the court finds that this case is STAYED, the parties shall immediately notify the court that the stay should be lifted and file status reports as set out. Signed by Judge R David Proctor on 6/7/2007. Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(KSS, ) (Entered: 06/07/2007)
172007-06-18 First MOTION LIFT STAY re 61 Order, by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn. Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(Camp, Robert) (Entered: 06/18/2007)
182007-06-20 ORDER this case is SET for a telephone conference on 6/26/2007 at 01:30 PM to discuss plas' 62 First MOTION LIFT STAY, the court will initiate the call, the parties SHALL submit a joint status report as set out. Signed by Judge R David Proctor on 6/20/2007. Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(KSS, ) (Entered: 06/20/2007)
192007-06-21 Opposition to Plaintiffs' Motion to Lift Stay filed by Wayne Farms, LLC. Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(Walker, Dorman) (Entered: 06/21/2007)
202007-06-25 NOTICE by Wayne Farms, LLC of Joint Status Report (Attachments: # 1 Exhibits)Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(Walker, Dorman) (Entered: 06/25/2007)
212007-06-29 STATUS REPORT Joint Status Report on Special Master Appointment by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn, Wayne Farms, LLC. Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(Walker, Dorman) (Entered: 06/29/2007)
222007-07-03 ORDER re: it is ordered by the court that plas' 62 Motion to Lift Stay is GRANTED as set out, any other filings SHALL only be permitted after the parties face-to-face meeting, it is further ORDERED by the court that plas' 28 Motion to Facilitate is GRANTED, it is further order by the court that the following notice of right to opt-in to collective action be sent to all present and former "1st and 2nd processing" employees of dft who were paid on a master card time basis as set out. Signed by Judge R David Proctor on 7/3/2007. (Attachments: # 1 Exhibit Class Notice # 2 Exhibit) Consent to join suit as party pla Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(KSS, ) (Entered: 07/03/2007)
232007-07-03 ORDER the parties are hereby ORDERED to review the order issued by Judge Proctor on 4/16/2007, the parties are ORDERED to discuss and formulate an agreed report regarding the appointment of a special master, the parties were further ORDERED to submit to the court an agreed to report as set out, it is therefore ORDERED that Crutcher, Lisa Sharp, Walker, Hommel, Camp and Shaul meet face-to-face by 7/13/2007, to discuss the substance as set and file a report by 7/20/2007 at 2:00 pm . Signed by Judge R David Proctor on 7/3/2007. Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(KSS, ) (Entered: 07/03/2007)
242007-07-20 NOTICE by Wayne Farms, LLC of Joint Report on the Conference Between the Parties Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(Walker, Dorman) (Entered: 07/20/2007)
252007-07-24 TRANSCRIPT of Phone Conference held on 6/26/2007 before Judge R. David Proctor. Court Reporter: Anita McCorvey. [Contact court reporter for copy of transcript] (Attachments: # 1 Exhibit court reporter certification page) Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(KSS, ) (Entered: 07/24/2007)
262007-07-25 TRANSCRIPT (Re-filing with corrections) of Phone Conference held on 6/26/2007 before Judge R. David Proctor. Court Reporter: Anita McCorvey. [Contact court reporter for copy of transcript] Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(KSS, ) (Entered: 07/25/2007)
272007-08-02 ORDER -Pursuant to Joint Report on Conference Between the Parties 69 the court hereby ORDERS that all opt-in consents must be filed not later than 11/29/07, which is 120 days after service of the mailing lists upon plas' counsel. Signed by Judge R David Proctor on 8/2/07. Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(MAA, ) (Entered: 08/02/2007)
282007-08-03 ORDER APPOINTING SPECIAL MASTER by agreement of the parties, court APPOINTS James Harris as Special Master. Signed by Judge R David Proctor and Judge Inge P Johnson on 8/3/07. Associated Cases: 4:06-cv-02095-RDP,4:07-cv-00647-RDP(ASL, ) (Entered: 08/03/2007)
292007-09-07 NOTICE by Jimmy Belue, Robert Thomas Dunn Notice of Filing Additional Notices of Consent to Join (Attachments: # 1 Exhibit A)Associated Cases: 4:06-cv-02095-RDP, 4:07-cv-00647-RDP(Camp, Robert) (Entered: 09/07/2007)
302007-09-13 NOTICE by Jimmy Belue, Robert Thomas Dunn Notice of Filing Additional Notices of Consent to Join (Attachments: # 1 Exhibit A)Associated Cases: 4:06-cv-02095-RDP, 4:07-cv-00647-RDP(Camp, Robert) (Entered: 09/13/2007)
312007-09-30 NOTICE by Jimmy Belue, Robert Thomas Dunn Consent to Join Suit as a Party Plaintiff (Attachments: # 1 Exhibit A)Associated Cases: 4:06-cv-02095-RDP, 4:07-cv-00647-RDP(Camp, Robert) (Entered: 09/30/2007)
322007-10-05 NOTICE by James A Harris, Jr of Report of Special Master Associated Cases: 4:06-cv-02095-RDP, 4:07-cv-00647-RDP(Harris, James) (Entered: 10/05/2007)
332007-10-05 NOTICE by James A Harris, Jr Report of Special Master (Harris, James) (Entered: 10/05/2007)
342007-10-12 NOTICE by Jimmy Belue, Robert Thomas Dunn Notice of Filing Additional Consents to Join Suit as Party Plaintiff (Attachments: # 1 Exhibit A)Associated Cases: 4:06-cv-02095-RDP, 4:07-cv-00647-RDP(Camp, Robert) (Entered: 10/12/2007)
352007-10-23 Joint MOTION for Extension of Time For Parties to File Objections to Report of Special Master by Wayne Farms, LLC, Wayne Farms, LLC. (Attachments: # 1)Associated Cases: 4:06-cv-02095-RDP, 4:07-cv-00647-RDP(Sharp, Lisa) (Entered: 10/23/2007)
362007-10-25 ORDER granting 79 Motion for Extension of Time to File Objections to Report of Special Master, objections to the report shall be filed on or by 11/8/2007 unless the parties request addtional time. Signed by Judge R David Proctor on 10/24/2007. Associated Cases: 4:06-cv-02095-RDP, 4:07-cv-00647-RDP(KSS, ) (Entered: 10/25/2007)
372007-10-31 NOTICE by Jimmy Belue, Robert Thomas Dunn Notice of Filing Consent to Join Suit as Party Plaintiff (Attachments: # 1 Exhibit A)Associated Cases: 4:06-cv-02095-RDP, 4:07-cv-00647-RDP(Camp, Robert) (Entered: 10/31/2007)
382007-11-05 NOTICE by Jimmy Belue, Robert Thomas Dunn Notice of Filing Additional Notices of Consents to Join (Attachments: # 1 Exhibit A)Associated Cases: 4:06-cv-02095-RDP, 4:07-cv-00647-RDP(Camp, Robert) (Entered: 11/05/2007)
392007-11-08 SPECIAL REPORT re (32 in 4:07-cv-00647-RDP) Notice (Other), (33 in 4:07-cv-00647-RDP) Notice (Other) Objections to Report of Special Master filed by Wayne Farms, LLC, Wayne Farms, LLC. Associated Cases: 4:06-cv-02095-RDP, 4:07-cv-00647-RDP(Sharp, Lisa) (Entered: 11/08/2007)
402007-11-09 ORDER Transferring Case to MDL: ORDER of Judicial Panel on Multidistrict Litigation transferring this case to the Southern District of Mississippi for inclusion in MDL 1872; documents requested by transferee clerk electronically transferred to Clerk of Court in Southern District of Mississippi this day. Signed by Judge R David Proctor on 11/9/2007. Associated Cases: 4:06-cv-02095-RDP, 4:07-cv-00647-RDP(KSS, ) (Entered: 11/13/2007)