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05-1355 - Recinos-Recinos et al v. Express Forestry, Inc. et al


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05-1355 - Recinos-Recinos et al v. Express Forestry, Inc. et al
October 6, 2005
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ORDER denying 15 Motion to Dismiss for Lack of Jurisdiction . Signed by Judge Lance M Africk on 10/5/05. (ijg, )
January 24, 2006
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MEMORANDUM OPINION AND PROTECTIVE ORDER granting in part and denying in part pla's 49 motion for protective order. Signed by Judge Daniel E. Knowles III on 1/23/2006.(ijg, )
January 30, 2006
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ORDER granting 47 Motion for conditional certification of FLSA collective action, granting 22 Motion to Certify Class . Signed by Judge Lance M Africk on 1/27/2006. (ijg, )
August 11, 2006
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ORDER granting in part 125 Renewed Motion to Compel, for contempt, and for Sanctions . Signed by Judge Daniel E. Knowles III. (car, )
November 20, 2006
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ORDER denying 161 MOTION for APPEAL OF MAGISTRATE JUDGE DECISION to District Court as set forth in document. Signed by Judge Lance M Africk. (ijg, )
August 19, 2008
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REPORT AND RECOMMENDATIONS: Recommended that 225 Motion to Enforce be granted in the following particulars, to wit:1. Defendants be ordered to provide full compensation for all members of the 2007-2008 workforce for any transportation deductions taken plus an equal amount in liquidated damages. 2. Defendants be ordered to refrain from making future deductions for transportation. 3. Defendants be ordered to supplement the Arriaga reimbursements in quantities necessary to fully compensate the H-2B workers actual costs of travel from their hometowns in Guatemala and Mexico. 4. Defendants be ordered to reimburse the workers for all recruitment and other fees that defendants' current or former employees charged to workers in the 2007-2008 forestry season as a prerequisite for obtaining employment. 5. Defendants be ordered (A) to prepare a notice informing employees of the problematic contractual language quoted hereinabove which is improper in light of the FLSA's and AWPA's anti-retaliation provisions and (B) to remove from workers' time cards all language which indicates that the employees are responsible for controlling and recording their own hours of work, since it is clear from the deposition testimony submitted that crew leaders control all movements, stops, start and travel of the 15-person Express Forestry crew transport vans. 6. Defendants be ordered to submit to limited discovery to further probe the veracity and accuracy of the defendants' pay and time records. 7. Defendants be ordered to pay Plaintiffs' counsels' reasonable attorney's fees and expenses incurred in connection with prosecuting the instant Motion to enforce and For Contempt. FURTHER RECOMMENDED: 247 MOTION for Protective Order and Sanctions be DENIED. Objections to R&R due by 9/3/2008. Signed by Magistrate Judge Daniel E. Knowles, III on 08/19/2008.(mmm, )
September 26, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 250 as stated herein. Signed by Judge Lance M Africk.(car, )