UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA
NEW ORLEANS DIVISION

MOISES RODRIGUES, SERGIO OLIVEIRA, EDSON SILVA, WANDERSON DE SOUSA, and ALEXANDRE ROCHA,

on behalf of themselves and all others similarly situated,
Plaintiffs,
BELFOR USA GROUP INC., Defendant.

Case No. 06-0491 "A" mag.3 District Judge Zainey Magistrate Judge Kndwles, III
COMPLAINT- COLLECTIVE ACTION

PLAINTIFFS' SECOND AMENDED COMPLAINT PRELIMINARY STATEMENT

1.1

This is an action brought by individuals who have

worked or are working in the reconstruction of New Orleans,

- ----- bou-is~ana. -Pla-intif-fs-see k-redr:-e ss- -on-behal E-oft.hems el'Ve s-and

others similarly situated for Defendant's violation of their
.,
rights under the Fair Labor Standards Act, 29 U.S.C. §§ 201, et

seq. ("FLSA").

1.2

Plaintiffs bring this action on behalf of a class

of over one thousand workers, predominantly immigrants, who

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engaged in manual labor restoring court, hospital, and Tulane University buildings for Defendant in the aftermath of hurricane Katrina. For many weeks, Plaintiffs and other class members worked seven days a week, twelve hours a day restoring buildings contaminated by mold and floodwater. Plaintiffs did this dangerous work to earn money to better support themselves and/or their families. Almost all Plaintiffs and other class members are individuals who have limited proficiency in English. Defendant exploited Plaintiffs' and other class members' indigence, inability to speak or understand English, and the lack of understanding of the laws of the United States to grossly underpay them.
1.3 Defendant employed Plaintiffs and other class members as unskilled manual laborers by using a subcontractor system. Defendant attempted to manipulate this system to evade its legal responsibility under the Fair Labor Standards Act to pay overtime wages. At all times, however, Defendant was a joint_ernplQyer _oI_P:t,?_int.iff_:3_a,nd<:)j:her c::las~ _mE;rnb_~s_.
1.4 Plaintiffs seek unpaid wages, an award of money damages, and declaratory relief to make them whole for damages they suffered due to the Defendant's violations of law.
JURISDICTION 2.1 The jurisdiction of this Court is invoked pursuant to
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28 U.S.C. §§ 1331 and 1337.

2.2 The federal claims in this action are authorized and

instituted pursuant to 29 U.S.C. § 216(b). This Court is

empowered to issue a declaratory judgment

pursuant to 28 U.S.C. §§ 2201 and 2202.

2.3 Venue is proper in this district pursuant to 28 U.S.C.

§ 1391(b).

PARTIES

3.1 Plaintiffs are other class members are workers who

primarily resided and worked along the Gulf Coast during the

time relevant to this action.

3.2 Defendant Belfor USA Group Inc. (hereinafter "Belfor")

is a corporation incorporated in the state of Colorado and

registered as a foreign corporation with the Secretary of State

of Louisiana.

3.3 During the time period relevant to this lawsuit,

Defendant was engaged in hurricane mitigation and reconstruction

work in New Orleans and had significant contacts with the state

are proper in this Court. Statement of Facts
4.1 At all times relevant to this action, Defendant employed Plaintiffs and other class members within the meaning of 29 U.S.C. § 203(g).
I
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4.2 At all times relevant to this action, Plaintiffs

and other class members were employed by the Defendant in an

enterprise engaged in commerce or the production of goods for

commerce.

4.3 At all times relevant to this action, Plaintiffs

and other class members were employees of Defendant within the

meaning of 29 U.S.C. § 203 (e) (1).

4.4 At all times relevant to this action, Defendant

was an employer of Plaintiffs and the other class members within

the meaning of 29 U.S.C. § 203(d).

4.5 Plaintiffs and other class members worked as unskilled

m~nual laborers on the Gulf Coast in the hurricane mitigation

industry.

4.6 Plaintiffs and other class members performed

substantially similar unskilled manual labor work in public and

private buildings including but not limited to courts,

hospitals, and Tulane University.

4.7

Plaintiffs and other class members have limited

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------------

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-- - - - - --- ----

---- -- ------ ------ ---

proficiency in English.

4.8 Plaintiffs and other class members routinely worked

over 40 hours a week.

4.9 Defendant did not pay Plaintiffs and other class

members overtime wages when they worked in excess of 40 hours in

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a workweek. 4.10 Defendant did not pay Plaintiffs and other class
members on regular paydays as required by the FLSA. COLLECTIVE ACTION ALLEGATIONS
5.1 All claims set forth in Count I are brought by Plaintiffs on behalf of themselves and all other similarly situated persons pursuant to 29 U.S.C. § 216(b) the Fair Labor Standards Act.
5.2 The named Plaintiffs seek to represent a class consisting of all those individuals, performing unskilled manual labor for subcontractors of Belfor on Belfor contracts in the post-Katrina reconstruction and restoration in the Gulf Coast region from August 29, 2005 until the date of filing of the present action, who were eligible for overtime pursuant to 29 U.S.C. § 207 and who did not receive overtime pay.
5.3 Plaintiffs and other class members were hired by subcontractors utilized by Defendant to fill Defendant's needs for manual laJ::>()f_ip c~oI1dl.lc:tJpg_c;le~I11.1paIlci_.~~cC2n_si::_:r:-':lc"t.i<:lI1:v-'():L]( __ in the Gulf Coast. However, at all times relevant to this action, Defendant acted as a joint employer of Plaintiffs and other class members with those subcontractors.
5.4 The precise number of individuals in the class is known only to the Defendant. The class is believed to include well
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over one thousand individuals.

5.6 The questions of fact are common to the class,

including whether Defendant failed to pay named Plaintiffs and

other class members overtime wages promptly when due, as

required by law.

5.7 The claims of the named Plaintiffs are typical of the

class, and these typical, common claims predominate over any

questions affecting only individual class members. The named

Plaintiffs have the same interests as do the other members of

the class and will vigorously prosecute these interests on

behalf of the class.

COUNT I (FAIR LABOR STANDARDS ACT COLLECTIVE ACTION)

6.1 This count sets forth a claim for declaratory relief

and damages by Plaintiffs and other current or former workers

employed by Defendant who are similarly situated, for

Defendant's violations of the overtime provisions of the Fair

Labor Standards Act ("FLSA").

6.2

--- ---------------- ------

---------- ---- ------

- -- - -- --

---

Plaintiffs re-allege and incorporate by reference

the allegations set forth above.

6.3 Pursuant to 29 U.S.C. § 216(b), Plaintiffs Moises

Rodrigues, Sergio Oliveira, Edson Silva, Wanderson de Souza and

Alexandre Rocha have consented in writing to be party plaintiffs

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in this FLSA action. Their written consents are attached to this complaint.
6.4 Defendant violated 29 U.S.C. § 207(a) by failing to pay Plaintiffs and others similarly situated at an hourly rate equal to one and a half times the regular hourly rate at
)
which they were employed for all compensable time they were employed in excess of forty hours in each workweek.
6.5 Defendant's failure to pay Plaintiffs and others similarly situated the federally mandated overtime wage rate for all time they were employed in excess of forty (40) in each workweek was a willful violation of the FLSA.
6.6 As a consequence of the Defendant's violation of the FLSA, Plaintiffs and others similarly situated are entitled to recover their unpaid minimum and overtime wages, plus an addi tional equal amount in liquidated damage~, pursuant ·to 29 U.S.C. § 216(b).
PRAYER FOR RELIEF
1. With respect to the claims set forth in Count I, permitting this case to proceed as a collective action, ordering the Defendant to disclose in computer readable format the names and addresses of all those individuals who are similarly situated, and permitting Plaintiffs to send notice of this
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action to all those similarly situated individuals.
2. Declaring that Defendant willfully violated
the overtime provisions of the Fair Labor Standards Act, as set
forth in Count Ii 3. Granting judgment in favor of Plaintiffs and
all others similarly situated and against the Defendant on their
claims under the Fair Labor Standards Act as set forth in Count
I and awarding each of these Plaintiffs and all other similarly
situated individuals who opt-in to this action his unpaid
overtime wages and an equal amount in liquidated damagesi
4. Awarding Plaintiffs the costs of this actioni
5. Awarding Plaintiffs reasonable attorney's
feesi andi 6. Granting such further relief as this Court deems
just and equitable. submitted this 28th day of March 2006.
Tennessee
--------- ----------
Admitted Pro Hac Vice Mary Bauer Virginia Bar Number 31388 Admitted Pro Hac Vice Immigrant Justice Project Southern Poverty Law Center 400 Washington Avenue Montgomery, Alabama 36104 334-956-8200 334-956-8481 (fax)
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Hector Lin

Juvenile Ju

Project of Louisiana

1600 Oretha astle Haley Blvd.

New Orleans, LA 70113

(504) 522-5437

(504) 522-5430 (fax)

Attorneys for Plaintiffs

"t!:.J" ............ ,. I

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Certificate of Service I hereby certify that on March 28, 2006, I served a copy of the following on Mr. David Kurtz, attorney for Defendant, at the following address via regular mail. Baker, Donelson, Bearman, Caldwell, & Berkowitz, PC 201 St. Charles Ave, Suite 3600 New Orleans, Louisiana 70170
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FLSA CONSENT FORM / CONSENTIMENTO PARA A<;AO TRABALHISTA
I hereby give my consent to sue for wages that may be owed to me under the Fair Labor Standards Act. I hereby authorize my attorneys to represent me before any court or agency on these claims.

•••••• ~ ••••••••••••• ~ •••••••••••••••••~ ••••.••••••••••••• ~ ••••••••••• ~ ••••••••• I
Por meio desta dou meu consentimento para que se estabeleya uma ayao para recebimento de pagamento devido a mim sob a Lei de Nonnas Trabalhistas Justas (Fair Labor Standards Act.) Por meio desta autorizo meus advogados a me representarem perante qualquer corte ou agen.cia no que se refere a estas queixas.

£1 ASSINATURA
10 ,200(p

DA A

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FLSA CONSENT FORM / CONSENTIMENTO PARA A(:AO TRABALIDSTA
I hereby.give my consent to sue for wages that may qe owed ·to me under the Fair Labor Standards Act. I hereby authorize my attorneys to represent me before any court or agency on these claims.
..:!~~~.!. .
NAME SIGNATURE DATE
~.~~...~ ...............~ ..w.~.................~ .........................~ ..... I

Por meio desta dou meu .consentimento para que se estabeleya uma ayao para recebimento de pagamento devido amim sob a Lei de Normas Trabalhistas Justas (Fair Labor Standards Act.) Por meio desta autorizo meus advogados a me representarem perante qualquer corte ou agencia no que se refere a estas queixas.

------------------- --- ----------

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NOME
ASSINATURA j<;3. D~
DATA

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FLSACONSENT FORM / CONSENTIM:ENTO PARA ACAO TRABALIDSTA
I hereby give II?-Y consent to sue for wages that may ~e owed to me under the Fair Labor Standards Act. I -hereby authorize my attorneys to represent me before any court or agency on these claims.

SIGNATURE DATE
.4•••••••••••••••••••••• 4 •••••••••••••••••••••••••••••••••••••••••••••••••••••.

Por meio desta -dou meu consentimento para que s~ estabele9a uma a98.0 para recebimento de pagamento devido amim sob a Lei de Normas Trabalhistas Justas (Fair Labor Standards Act.) Por meio desta autorizo melis advogados a me representarem perante qualquer corte ou agencia no que se refere a estas queixas.

ASSINATURA
QA. .. 13 - QiP
DATA

FLSA CONSENT FORM / CONSENTIMENTO PARA AC;AO TRABALIDSTA
I hereby give my consent to sue for wages that may qe owed -to me under the Fair Labor
Standards Act. I hereby authorize my attorneys to represent me before any court or agency on these claims.
NAME SIGNATURE DATE
••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
Por meio desta dou meu consentimento para que se estabeleya uma ayao para recebimento de
pagamento devido a mim sob a Lei de Normas Trabalhistas Justas (Fair Labor Standards Act.) Por meio desta autorizo meus advogados a me representarem perante qualquer corte ou agencia no que se refere a estas queixas.

FLSA CONSENT FORM I CONSENTlMENTO PARA A<;AO TRABALBISTA I hereby give my consent to sue for wages that may qe owed to me under the Fair Labor Standards Act I ~ereby authorize my attorneys to represent me before any court or agency on these claims.
SIGNATURE DATE
••••••••••• a •••• B ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
Por meio desta dou meu consentimento para que se estabeleya uma ayao para recebimento de pagamento devido a mim sob a Lei de Normas Trabalhistas Justas (Fair Labor Standards Act.) Por meio desta autorizo meus advogados a me representarem perante qualquer corte ou agencia no que se refere a estas queixas.
U>(OME
ASSINATURA
20 .. 01 r ZQ2b
DATA

 
 Case 2:06-cv-00491-JCZ-DEK

'p

,

Document 43

Filed 09/07/2006 Page 1 of 3
FfLEO
~.S. OtSTRICt COURT ~ASTERN mSTRtCT OF"tA

209& SEP ,;, 7 AM 10: 59.

'•.

r LORETTA G. WHYdE/ ' CLERK

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

MOISES RODRIGUES,

*-

CIVIL ACTION

SERGIO OLIVEIRA,

*-

NO. 06-0491

EDSON SILVA,

*

WANDERSON DE SOUSA~and

*

ALEXANDRE ROCHA,

*-

On behalf of themselves and all

*

i<

SECTION "A"

_ _ _ _~~others similarly situated, _____.____ _ ~_~_~JUDGE.ZAINEY _ ~_~_~_______·__. __

Plaintiffs,

*

.

VERSUS

* * MAG. DIV. (3)
*- MAG. JUDGE KNOWLES

BELFOR USA GROUP, INC.

*

Defendant.

*

*
****************************************

ORDER Upon consideration ofthe parties) Joint Motion to Approve Settlement of Claims

("Motion"), the Court finds that Plaintiffs, individuals who worked in reconstruction following

Hurrican-e- Katrina,and-Defendant,'Belfor USA Group,Inc'. have shown good cause for the Court

to grant the Motion and approve the fair and equitable relief describe herein for settlement of

their claims.

It is therefore ORDERED BY 1HE COURT that the Motion is GRAN1ED on each of

I·

the following terms:

NO SFGl 122267 vI
2900508-00000,

__F Proce ess e~

LOktd

.

- CtRmDep...!.,.\4, _ Doc. No-....q..z

Case 2:06-cv-00491-JCZ-DEK Document 43 Filed 09/07/2006 Page 2 of 3 .'

A. The Court APPROVES the settlement ofthe claims of Opt-in Plaintiffs listed

in the Motion for the amounts listed on Exhibit "A" which are approximately

145% ofthe wages owed to each cipt~in plaintiff;

B. The Court GRANTS parties' agreed motion to permanently certify this case as

a collective action pursuant to 29 U.S.C. §216(b) for the purposes of this

settlement agreement. The class is defined as:

All individuals who were directly or indirectly employed

by subcontractors Expro Services, Inc., Ticos

Construction. LLC, M-2 Inc., Carl E. Woodward LLC,

I

and Vent-Vac Systems LLC on Belfor Projects in the

__~__~_~__ ~___.~___~~___~~Gulf Coast.area arising from. otI~lating to storm damag(:____~___~ ____~~_ _._____

caused by Hurricane Katrina and who were owed and did

.

not receive overtime wages pursuant to 29 U.S.C. § 207.

~
C. The Court ALLOWS Plaintiffs to provide notice of the litigation, settlement

agreement, and opt-in procedures to all eligible workers they can reasonably

locate via email. and publication in media designed to reach eligible workers

as determined by Plaintiffs' counsel, at the expense of plaintiffs' counsel;

D. The Court APPROVES an opt-in period lasting until July 3, 2()07 within

which Belfor shall pay any new opt-in class member who chooses to opt-in

145% oihiswages owed, such-calculation to be agreed onby the parties and

submitted to the Court for approval, and subject to each new class member

executing a release of all claims against Belfor;

E. The Court RETAINS jurisdiction during the opt-in period to enforce the

monetary terms of the settlement benveen the parties including resolving any

2
NOSFG1122267vl 2900508-000003

Case 2:06-cv-00491-JCZ-DEK Document 43 Filed 09/07/2006 P~ge 3 of 3

disputes about the calculation of an opt-in class member's damages award if

parties cannot agree,_

f{Of New Orleans, Louisiana, on !bi'the

September, 2006.

- - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - -~-~-----

------~~----- ~--~- ---~-

----

3
NO SFGl 122267 vI 2900508-000003

 
 Case 2:06-cv-07804-SRD-KWR Document 3 Filed 11/01/2006 Page 1 of 11

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA
NEW ORLEANS DIVISION

Vanda Lima, Sergio Alho, Fabio Lima, and Jose Duarte, on behalf of themselves and all others similarly situated,
Plaintiffs,

Case No. 06-7804 Judge Duval Magistrate Roby

vs.

Belfor USA Group, Inc., a Delaware Corporation,

Defendant. ______________________________________________________________________________
PLAINTIFF’S FAIR LABOR STANDARDS ACT COLLECTIVE ACTION AMENDED COMPLAINT

I. PRELIMINARY STATEMENT

1. This is a civil action brought on behalf of individuals who worked or are working for

Defendant and all similarly situated former and current employees (collectively referred to as “Plaintiffs”) of the Defendant1. Plaintiffs complain that the Defendants engaged in

1 Additional parties, such as other subcontractors and the entities that hired or contracted with the named Defendant to provide labor for reconstruction or clean up services, may be added as Defendant joint employers as the case progresses through discovery. This may include hotels, retail stores and other businesses in and around the Gulf coast.

Case 2:06-cv-07804-SRD-KWR Document 3 Filed 11/01/2006 Page 2 of 11
a pattern or practice of unlawful conduct which resulted in the violation of their rights under the Fair Labor Standards Act (FLSA), 29 U.S.C. §201 et seq. 2. Plaintiffs bring this action on behalf of a class of over 1000 workers, predominantly immigrants, who were engaged in manual labor cleaning and restoring various hotels, retail stores and other buildings throughout the United States.2 3. Plaintiffs generally worked seven days a week and usually twelve hours a day restoring and cleaning buildings and other property contaminated by mold, flood water and/or smoke. In general, Plaintiffs are individuals who have limited proficiency in English and are unfamiliar with the many labor protections provided by federal law. Defendant exploited Plaintiffs’ indigence, inability to speak or understand English, and their lack of understanding of the laws of the United States to grossly underpay them. 4. Defendant employed Plaintiffs as unskilled manual laborers by using the subcontractor system and intentionally misclassifying Plaintiffs as independent contractors and/or supervisors in an effort to circumvent the overtime provisions of the FLSA.3 At all times, however, Defendant was the joint-employer of the Plaintiffs. 5. Plaintiffs seek a declaration that their rights have been violated, an award of unpaid wages, an award of liquidated damages, an award of fees and costs to make them whole
2 Plaintiffs may include individuals who were compensated by Defendant for similar violations in a settlement of a suit filed in this Court for similar claims that occurred along the gulf coast in the aftermath of Hurricane Katrina. This complaint is for claims that arose before and after the Hurricane Katrina clean up in other states, other projects not covered by the Rodrigues vs. Belfor USA Group, Inc. Docket #: 06-0491, and any individuals not included in the Settlement Class.
3 Plaintiffs reserve the right to amend the complaint to include an additional claim of violations of the Racketeer Influenced and Corrupt Organizations (RICO) Act upon completion of discovery.

Case 2:06-cv-07804-SRD-KWR Document 3 Filed 11/01/2006 Page 3 of 11
for damages they have suffered and to ensure that they and future workers will not be subjected by the Defendant to such illegal conduct in the future.
II. JURISDICTION 6. Jurisdiction is conferred upon this Court by 29 U.S.C. §216(b), this action arising under
the FLSA; by 28 U.S.C. §1337, this action arising under Acts of Congress regulating commerce; and by 28 U.S.C. §1331, this action involving questions of federal law. This Court is empowered to issue a declaratory judgment pursuant to 28 U.S.C. §§ 2201 and 2202.
III. VENUE 7. Venue is proper in this district pursuant to 28 U.S.C. §1391(b).
IV. PARTIES 8. Plaintiffs are the named plaintiffs and other similarly situated former and current
employees of the Defendant who were directly or indirectly employed by Defendant and/or its subcontractors in various disaster restoration projects throughout the United States and who were owed and did not receive overtime wages as required under the Fair Labor Standards Act. 9. Defendant Belfor USA Group, Inc. (hereinafter “Belfor”) is a corporation incorporated in the state of Delaware and registered as a foreign corporation with the Secretary of State of Louisiana whose resident agent is CT Corporation System, 8550 United Plaza Blvd., Baton Rouge, LA 70809.

Case 2:06-cv-07804-SRD-KWR Document 3 Filed 11/01/2006 Page 4 of 11
V. GENERAL ALLEGATIONS 10. Defendant was contracted by various businesses across the United States to provide
services which included structural cleaning and drying, debris removal, and content cleaning among other things. 11. Defendant was permitted to subcontract some or all of the work it was required to provide under these contracts. 12. Defendant contracted with various subcontractors and other entities to provide labor and other services to fulfill their obligations under the contracts referenced in paragraph 10. 13. Subcontractors hired by Defendant, recruited and hired Plaintiffs to perform the services required under the contracts referenced under paragraph 12. 14. Plaintiffs relied upon various promises made by the subcontractors in accepting the employment offered. 15. Defendant controlled or supervised the work performed by the Plaintiffs and subcontractors. 16. Plaintiffs worked as unskilled manual laborers on various projects across the United States for Defendant. 17. Plaintiffs performed substantially similar unskilled manual labor in public and private buildings. 18. Plaintiffs routinely worked over 40 hours per week. 19. Defendant did not keep a record of all hours worked by each of the Plaintiffs. 20. Defendant did not keep or maintain records pertaining to each of the Plaintiffs as required under the FLSA.

Case 2:06-cv-07804-SRD-KWR Document 3 Filed 11/01/2006 Page 5 of 11
21. Defendant did not pay Plaintiffs overtime wages as required under the FLSA for the hours worked by Plaintiffs in excess of 40 hours in a workweek.
22. Defendant did not pay Plaintiffs on regular paydays as required by the FLSA. 23. At all times relevant to this action, Defendant employed Plaintiffs with the meaning of
the FLSA, 29 U.S.C. § 203(g). 24. At all times relevant to this action, Plaintiffs were employees of the Defendant within the
meaning of the FLSA, 29 U.S.C. § 203(e)(1). 25. At all times relevant to this action, Defendant was the employer of the Plaintiffs within
the meaning of the FLSA, 29 U.S.C. § 203(d). VI. COLLECTIVE ACTION ALLEGATIONS
26. All claims set forth in Count I of this action are brought pursuant to the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §216 (b).
27. Named Plaintiffs bring this count on their own behalf and on behalf of all other individuals who (1) worked or are working for Defendant performing unskilled manual labor either directly or indirectly through subcontractors in various projects throughout the United States over the last three years and until the date of the filing of the present action, and (2) who were eligible for overtime pursuant to the FLSA, 29 U.S.C. § 207 and who did not receive overtime pay. Named Plaintiffs do not bring Count I on behalf of any executive, administrative, and professional employees exempt from coverage under the FLSA. Plaintiffs do not bring Count I for any claims that were included in the settlement of Rodrigues vs. Belfor USA Group, Inc., Docket No. 06-0491, which was filed in this Court.

Case 2:06-cv-07804-SRD-KWR Document 3 Filed 11/01/2006 Page 6 of 11
28. Plaintiffs were hired directly by Defendant or by subcontractors utilized by Defendant to fill Defendant’s needs for manual labor in conducting clean up and reconstruction work in various projects throughout the United States. However, at all times relevant to this action, Defendant was an employer or joint employer of the Plaintiffs.
29. With respect to Count I, a collective action under the FLSA is appropriate because the Plaintiffs are “similarly situated”. 29 U.S.C. 216(b).
30. The class of individuals on behalf of whom the named Plaintiffs bring this collective action are similarly situated because they have been or are employed in the same or similar positions as the individually named Plaintiffs, were or are subject to the same or similar unlawful practices, policy or plan as the individually named Plaintiffs, and their claims are based upon the same legal theory as those of the named Plaintiffs.
31. The precise number of individuals in the class are known only to the Defendant. The class is believed to include well over one thousand individuals.
32. The Plaintiffs seek to represent a class consisting of: “All individuals who worked or are working for Defendant performing unskilled manual labor either directly or indirectly through various subcontractors in various projects throughout the United States over the last three years who were eligible for overtime pay pursuant to the FLSA, 29 U.S.C. § 207 and who did not receive overtime pay.”
33. The class is generally comprised of indigent migrant and seasonal workers who are not fluent in the English language and who maintain their residences at various locations throughout the United States. The relatively small size of the individual claims, the indigence and migratory nature of the class members makes the maintenance of separate

Case 2:06-cv-07804-SRD-KWR Document 3 Filed 11/01/2006 Page 7 of 11
actions by each class member economically infeasible. Joinder of all class members is impracticable. 34. There are questions of fact common to the class. The common questions of fact include, but are not limited to: a. whether the Defendant engaged in a pattern or practice of failing to keep and
maintain accurate payroll records as required by the FLSA; b. whether the Defendant engaged in a pattern or practice of failing to pay Plaintiffs
all wages when due in accordance with the FLSA; c. whether the Defendant engaged in a pattern or practice of failing to pay Plaintiffs
overtime wages for all hours worked in excess of 40 hours per workweek as required by the FLSA; d. whether Plaintiffs and members of the proposed class are entitled to actual or liquidated damages and the other requested relief. 35. There are questions of law common to the class. The common legal questions include whether the Defendant’s actions violated the FLSA and whether any such violations were willful within the meaning of the statute. 36. The claims of the named Plaintiffs are typical of those of the class, and these typical, common claims predominate over any questions affecting only individual class members. The named Plaintiffs have the same interests as do the other members of the class and will vigorously prosecute these interests on behalf of the class. 37. The Plaintiffs’ counsel have handled numerous actions in the federal courts, including collective actions under the FLSA. The Plaintiffs’ counsel are prepared to advance litigation costs necessary to vigorously litigate the action.

Case 2:06-cv-07804-SRD-KWR Document 3 Filed 11/01/2006 Page 8 of 11
38. A collective action is superior to other available methods of adjudicating the controversy concerning the Defendant’s alleged violations of the FLSA because, inter alia: a. The common issues of law and fact, as well as the relatively small size of the individual class members’ claims, substantially diminish the interest of members of the class in individually controlling the prosecution of separate actions; b. Many members of the class are unaware of their rights to prosecute these claims and lack the means or resources to secure legal assistance; c. There has been no litigation already commenced against the Defendant by the class members to determine the questions presented; d. It is desirable that the claims be heard in this forum since the Defendant is subject to the court’s jurisdiction, and the actions giving rise to the claim may have occurred in this district; e. A collective action can be managed without undue difficulty because the Defendant has regularly committed the violations complained of herein, and are required to maintain detailed records concerning each class member. VII. COUNT I Violation of the Federal Fair Labor Standards Act, 29 USC § 201 et. seq.
39. Plaintiffs incorporate paragraphs 1-38 above. 40. Pursuant to 29 U.S.C. § 216(b), the named Plaintiffs have consented in writing to be
party plaintiffs in this FLSA action. 41. At all times relevant to this action, Defendant “suffered or permitted” Plaintiffs to work
and thus “employed” Plaintiffs within the meaning of FLSA, 29 U.S.C. §203(g).

Case 2:06-cv-07804-SRD-KWR Document 3 Filed 11/01/2006 Page 9 of 11
42. The FLSA requires an employer to pay employees the federally mandated overtime wage rate of one and half times their regular rate of pay for every hour worked in excess of 40 hours per workweek, 29 U.S.C. §206.
43. The Defendant violated the FLSA by failing to pay the Plaintiffs the overtime wage rate for all hours worked in excess of 40 hours per workweek.
44. Plaintiffs are victims of a uniform and company wide compensation policy which operates to compensate them at a rate less than the federally mandated overtime wage rate. This uniform policy, in violation of the FLSA, has been and continues to be applied to all individuals who have worked or are working as manual laborers for Defendant.
45. An employer subject to the FLSA is also required to “post and keep posted a notice explaining the Act . . . in conspicuous places in every establishment where such employees are employed so as to permit them to observe readily a copy.” 29 C.F.R. §516.4
46. The Defendant failed to post or maintain such a notice as referred to in paragraph 45 of this complaint, during all relevant times.
47. Defendant’s violations of the FLSA were willful. 48. The FLSA, 29 U.S.C. § 216(b), provides that as a remedy for a violation of the Act, an
employee is entitled to his or her unpaid overtime wages plus an additional equal amount in liquidated damages, costs, and reasonable attorney’s fee. 49. As a result of Defendant’s violation, each Plaintiff is entitled to his or her unpaid overtime wage plus an additional equal amount in liquidated statutory damages along with costs and reasonable attorney’s fee.

Case 2:06-cv-07804-SRD-KWR Document 3 Filed 11/01/2006 Page 10 of 11
PRAYER FOR RELIEF A. Certifying this case as a collective action in accordance with 29 U.S.C. §216(b) with
respect to the FLSA claims set forth in Count I; B. Ordering Defendant to disclose in computer readable format, or in print if no computer
readable format is available, the names and addresses of all those individuals who are similarly situated, and permitting Plaintiffs to send notice of this action to all those similarly situated individuals; C. Declaring that the Defendants willfully violated the Fair Labor Standards Act and their attendant regulations as set forth in Count I; D. Granting judgment in favor of Plaintiffs and against Defendant on the Plaintiffs’ Fair Labor Standards Act claim as set forth in Count I and awarding each of them the amount of his/her unpaid overtime wages, along with an equal amount as liquidated damages; E. Awarding Plaintiffs the costs of this action; F. Awarding the Plaintiffs a reasonable attorney’s fee with regard to their claims under the Fair Labor Standards Act; G. Whatever additional relief the Court deems just and proper.

Case 2:06-cv-07804-SRD-KWR Document 3 Filed 11/01/2006 Page 11 of 11

PLEASE SERVE:
Belfor USA Group, Inc. through its registered agent, CT Corporation System 8550 United Plaza Blvd. Baton Rouge, LA 70809

Respectfully submitted,
S/WILLIAM LURYE William Lurye Robein, Urann & Lurye, P.L.C. 2540 Severn Avenue, Suite 400 Metairie, Louisiana 70002 (504) 885-9994
Jose A. Sandoval (P57274) jdsandoval@sbcglobal.net Robert Anthony Alvarez (P66954) alvarezlaw@gmail.com Law Office of Jose A. Sandoval, P.C. 4543 S. Division Ave. Wyoming, MI 49503 (616) 257-6807
Ronald J. VanderVeen (P33067) Pro Hac Vice Motion Pending rjvv@holland-law.com Gregory J. McCoy (P51419) gmccoy@holland-law.com Cunningham Dalman, P.C. 321 Settlers Road Holland, MI 49423 (616) 392-1821

 
 Xavier v. Belfor USA Group, Inc., Not Reported in F.Supp.2d (2007)

2007 WL 4224320 Only the Westlaw citation is currently available.
United States District Court, E.D. Louisiana.
Valdir XAVIER, et al. v.
BELFOR USA GROUP, INC.
Civil Action Nos. 06-491, 06-7084. | Nov. 26, 2007.
Attorneys and Law Firms
Barry James Gerharz, Juvenile Justice Project of Louisiana, New Orleans, LA, Jennifer Rosenbaum, Mary C. Bauer, Montgomery, AL, Gregory J. McCoy, Ronald J. Vander Veen, Cunningham Dalman, P.C., Holland, MI, Jose A. Sandoval, Robert Anthony Alvarez, Law Office of Jose A. Sandoval, P.C., Wyoming, MI, Julie Marie Richard-Spencer, Nancy Picard, Robein, Urann, Spencer, Picard & Cangemi, APLC, Metairie, LA, for Valdir Xavier, et al.
Michael David Kurtz, Brian M. Ballay, Erin E. Pelleteri, Steven F. Griffith, Jr., Baker Donelson Bearman Caldwell & Berkowitz, PC, New Orleans, LA, for Belfor USA Group, Inc.
Opinion
ORDER AND REASONS
G. THOMAS PORTEOUS, JR., District Judge.
*1 Currently before the Court is Defendant’s Motion to Strike Materials Submitted as Attachments to Plaintiffs’ Opposition to Defendant’s Motion to Strike. (Rec.Doc.130). Plaintiffs’ filed an Opposition to the Motion. (Rec.Doc.159). The Court, having considered the record, the evidence submitted, the law and applicable jurisprudence, is fully advised in the premises and ready to rule.
I. BACKGROUND On May 10, 2007, Plaintiff’s filed their “Third Amended FLSA Collective and State Wage and Hour Class Action Complaint and Jury Demand.” (Rec.Doc.104). In that Complaint, Plaintiffs allege that Defendant engaged in a pattern or practice of unlawful conduct which resulted in the violation of their rights under the Fair Labor Standards Act (FLSA), 29, USC § 201, et seq., and the

wage and hour laws of California, Illinois, Louisiana, Pennsylvania and Ohio. The named Plaintiffs brought the action on behalf of all current and former persons who were or will be employed by Defendant to perform manual labor in connection with various businesses at any time within the three (3) years prior to the filing of the initial complaint and through the final disposition of this action and who were, are or will be eligible for but did not receive overtime compensation. (Rec.Doc.104).
Defendant filed a Motion to Dismiss the Third Amended Complaint pursuant to FRCP 12(b)(6). The Motion requested that the Complaint be dismissed, in sum, on the grounds that: (1) the state law causes of action asserted fail as a matter of law; and (2) the FLSA collective action and state law class actions are inadequately pled under FRCP 8. (Rec.Doc.113). Plaintiffs filed an Opposition (Rec.Doc.125) and attached four (4) exhibits equaling forty-four (44) pages in length. Defendant filed the instant Motion to Strike the exhibits attached to Plaintiffs’ Opposition arguing that the Court’s reviewing of the exhibits is inappropriate on a Rule 12(b)(6) Motion to Dismiss. (Rec.Doc.130)
II. LAW AND ANALYSIS Normally, consideration of a 12(b)(6) motion focuses solely on the allegations in the complaint. However, introduction of matters of public record and entertainment of oral argument is permissible. Louisiana ex rel. Guste v. United States, 656 F.Supp. 1310, 1314 n. 6 (W.D.La.1986), citing 5 Wright & Miller, Federal Practice and Procedure, §§ 1357 n. 41 and 1364, n. 24-43. See also Cinel v.. Connick, 15 F.3d 1338, 1343 n. 6 (5th Cir.)(“In deciding a 12(b)(6) motion to dismiss, a court may permissibly refer to matters of public record.”). When deciding a Rule 12(b)(6) motion, the Court will not consider matters outside the pleadings, except those matters of which the Court takes judicial notice. Cousin v. Small, 2001 WL 617455 (E.D.La.2001) referring to Fed.R.Civ.P. 12(b); Fed R. Evid. 201; See also In re Ford Motor Co. Bronco II, 909 F.Supp. 400, 403 (E.D.La.1995) (“[T]he Court may take judicial notice of matters of public record.”); Chadwick v. Layrisson, 1999 WL 717628, at *2 (E.D.La. Sept. 13, 1999) (same); Gauthreaux v. USAA Cas. Ins. Co. L 65573, *1 -2 (E.D.La.,2001) (same).
*2 Plaintiffs’ Exhibits 1, 2, and 3 are pleadings filed in the state and federal district courts in Michigan. Because these pleadings are matters of public record, under the authority cited supra, the Court may take judicial notice of these documents in connection with Defendant’s Rule 12(b)(6) Motion to Dismiss. Accordingly, Defendants’ Motion is DENIED as it regards Exhibits 1, 2, and 3. As to the remaining documents, namely, Exhibit “4,” the
1

Xavier v. Belfor USA Group, Inc., Not Reported in F.Supp.2d (2007)

New Master Subcontract Agreement; and Exhibit “5,” the Affidavit of Jorge Anderson, Plaintiffs have not demonstrated that those documents are matters of “public record” subject to judicial notice. Accordingly, it would it be inappropriate for the Court to review those documents in connection with its analysis of Defendant’s FRCP 12(b)(6) Motion to Dismiss.
Further, if the Court were to consider Plaintiffs’ non-public record documents, Defendant’s Motion to Dismiss would effectively become a Motion for Summary Judgment pursuant to FRCP 56. See FRCP 12(b). However, a district court has broad discretion in deciding whether to treat a motion to dismiss as a motion for summary judgment and, even though supplementary materials are filed by the parties, a court need not take cognizance of them. St. Paul Ins. Co. of Bellaire, Texas v. AFIA Worldwide Ins. Co., 937 F.2d 274 (5th Cir.1991).
The Court has already determined that Exhibits “4” and “5” are not public records. Therefore, if considered, the instant Motion would become a Motion for Summary Judgment. However, the Court declines to review Exhibits “4” and “5” and in so doing, declines to exercise

its discretion to convert the Motion to Dismiss to a Motion for Summary Judgment. As such, Defendant’s Motion to Strike is GRANTED insofar as it requests that Exhibits “4” and “5” attached to Plaintiffs’ Opposition to the Motion to Dismiss be stricken from the Court record and will not considered in the Court’s analysis of Defendant’s Motion.
Accordingly,
IT IS ORDERED that Defendant’s Motion to Strike (Rec.Doc.130) is DENIED in part and GRANTED in part. Defendant’s Motion is DENIED as it regards Exhibits 1, 2, and 3 attached to Plaintiffs’ Opposition to the Motion to Dismiss. (Rec.Doc.125). Defendant’s Motion is GRANTED as it regards Exhibits 4 and 5 attached to Plaintiffs’ Opposition to the Motion to Dismiss. (Rec.Doc.125). Exhibits 4 and 5 are hereby stricken from the Court record and will not be considered in the Court’s analysis of Defendant’s Motion to Dismiss.
	  

2

 
 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA
NEW ORLEANS DIVISION

MOISES RODRIGUES, SERGIO OLIVEIRA, EDSON SILVA, WANDERSON DE SOUSA, and ALEXANDRE ROCHA,
on behalf of themselves and all others similarly situated,
Plaintiffs,
BELFOR USA GROUP INC., Defendant.

) ) ) ) ) ) ) ) Case No. 06-0491 "A" mag.3 ) District Judge Zainey
) Magistrate Judge Knowles, III
) ) ) ) )

COLLECTIVE ACTION SETTLEMENT AGREEMENT
r This Settlement Agreement (the "Agreement") is entered into this

day of August,

2006, by, between and among Representative Plaintiffs Moises Rodrigues, Sergio Oliveira,

Edson Silva, Alexandro Rocha and Wanderson De Sousa ("Representative Plaintiffs"), on behalf

of themselves and the Covered Employees (as defined below) and Belfor USA Group, Inc., a

Colorado corporation ("Belfor").

I. RECITALS

A. On or about August 29, 2005, Hurricane Katrina made landfall in New Orleans. Belfor was subsequently engaged in various·projects in and around the Gulf Coast area arising from or relating to storm damage caused by Hurricane Katrina (the "Belfor Projects").
B. In order to perform the Belfor Projects, Belfor engaged the services of subcontractors Expro Services, Inc., Ticos Construction, LLC, M-2, Inc., Carl E. Woodward

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Page 1 of13

LLC, and Vent-Vac Systems, LLC (the "Belfor Subcontractors"). The Belfor Subcontractors

hired directly or indirectly employees andlor other independent contractors to work on the Belfor

Projects (collectively, the "Covered Employees").

C. On or about February 1, 2006, Representative Plaintiffs filed suit in the United

States District Court for the Eastern District of Louisiana, Case No. 06-0491 (the "Litigation")

contending, among other things, that the Covered Employees were not paid overtime in violation

of federal law and that Belfor was a joint employer of the Covered Employees with the Belfor

Subcontractors (the "Joint Employer Overtime Claim"). The Covered Employees also claimed

they were entitled to both actual damages and liquidated damages (the "Damages Claim").

D. ·In addition, the Representative Plaintiffs contend in the Litigation that their

attorneys, the Southern Poverty Law Center ("SPLC"), are entitled to be reimbursed for their

costs and attorneys fees in prosecuting the Litigation on behalf of the Covered Employees (the

"Attorneys Fee Claim").

E. Following the filing of the Litigation, various Covered Employees have filed

consents to join the Litigation.

F. The parties deem it to be in their mutual interest and to their mutual advantage to

settle, adjust, and compromise the Litigation, the Joint Employer Overtime Claim, the Damages

Claim,-theAttomeys-Fe-e-Claim;andall-utherwntraversie-s and-disputes existing-hetweenthem; ..- .. _. - ---

on the terms and conditions contained herein, except as noted in paragraphs lY.E and X.

II. NOTICE TO COVERED EMPLOYEES A. Representative Plaintiffs' attorneys shall, at their sole cost and expense, provide

reasonable notice of the pendency of the Litigation and procedures for opting in to the settlement

to all Covered Employees it can reasonably locate.

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Page 2 of13

B. As part of the settlement agreement, Defendant has provided and will continue to provide Representative Plaintiffs' attorneys with all names, addresses, and other contact information of Covered Employees in its possession and otherwise cooperate with the notice process.
C. The Parties agree that Representative Plaintiffs' attorneys shall· send written notice in the form of attached Exhibit A (the "Notice") to all Covered Employees for which a reasonable address is available that describes the nature of the allegations in the Litigation, the proposed settlement, and the opt-in procedures.
D. Notice by publication in a form similar to Exhibit B shall also be allowed in media designed to reach the Covered Employees, i.e., in a periodical in the native language of the Covered Employees or as a public service announcement circulated in the Covered Employees' geographic location. III. PROCEDURE FOR FUTURE OPT-INS
A. Covered Employees shall have an opt-in period of three hundred sixty (360) days from the date of this Agreement.
B. To be considered a timely opt-in, Belfor must within the above 360 day deadline, receive a FLSA Consent Form in the form of attached Exhibit C (the "Consent Form") and a ··reasonably-complete -"Covered-Employee- Information Formz1, Exhibit-D, fromeach--Covered Employee. IV. CALCULATION OF SETTLEMENT AWARDS
A. In consideration of the execution of this Agreement and the dismissal of the Litigation, Belfor shall pay, in accordance with this Agreement, 100% of the unpaid overtime

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Page 3 of13

wages to each Covered Employee who timely submits Exhibits C and D and who worked on a Belfor Project for a Belfor Subcontractor as a result of damage caused by Hurricane Katrina.
B. In accordance with Internal Revenue Code section 3505, Belfor shall report, deduct, and pay to the Internal Revenue Service amounts withheld from these payments to Representative Plaintiffs at the rate of 26%, plus each Covered Employee's share of Social Security and Medicare taxes, and report, deduce and pay applicable and appropriate state taxes. Belfor shall prepare and forward to the address on each Covered Employee's W-9, a Form W-2 that reports each Covered Employees' wages and withholdings even though Belfor is not required to furnish such form pursuant to Treasury Regulation Section 3605-16.
C. In consideration of the execution of this Agreement and the dismissal of the Litigation, Belfor shall also simultaneously pay as liquidated damages the sum of 45% of the overtime wages calculated above to each Covered Employee who timely submits Exhibits C and D and who worked on a Belfor Project for a Belfor Subcontractor as a result of damage caused by Hurricane Katrina.
D. Representative Plaintiffs shall also receive a payment, based on their service in as a representative in this matter, of $500 of their outstanding liquidated damages. Such payment shall be made after the final Covered Employees opt-in to· the matter and provide the .-documentation·contemplate-d by-paragrapnsuran:tl-IV.
E. Belfor shall prepare and forward to the address on his W-9, a Form 1099-MISC that reports each Covered Employee's liquidated damages in Box 3, "Other income."
v. PROCEDURE FOR CALCULATION OF COVERED EMPLOYEES'
SETTLEMENT AWARDS A. Defendant has provided and will continue to update Representative Plaintiffs' attorneys with all weekly summaries and underlying detail for all nonsupervisory employees of
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the Subcontractors, including but not limited to time sheets and labor invoices for the Belfor Subcontractors for the Belfor Projects as defined herein.
B. Belfor shall issue and mail a check to the SPLC representing the claims of the Covered Employees who have opted in at the time of this Agreement in the amounts set forth on Exhibit E, which check shall be receive~ within thirty days of the final execution of this Agreement and Court approval of this settlement, whichever shall last occur.
C. For Covered Employees whose Exhibits C and D are received after the execution of this Agreement, Belfor shall mail a calculation based on Subcontractor invoices approved for payment by Belfor with reasonably available verifying documents to Representative Plaintiffs' attorneys within thirty days of receipt of the Covered Employees' forms by Belfor.
D. Plaintiffs' attorneys will verify the accuracy ofthe calculation and then confirm the calculation or register a dispute in writing with Belfor within thirty (30) days.
E. If the calculation is confirmed, Belfor shall issue payment in the confirmed amount to the SPLC as provided in paragraph V.F.
F. On a periodic basis, but no less than every two weeks, Belfor shall mail a check to the SPLC with amounts to cover the confirmed amounts described in paragraphs V.D., V.E" and V.G. along with a register identifying the Covered Employees whose claims are being included.
----- -G;- ---lfthecalculation--is--disputed--for-any -eovered -Employee,Belfor -shall-pay-the amount of Settlement Consideration reflected by Belfor's records and calculation unless and until the parties resolve the dispute. Any dispute which cannot be resolved through good-faith negotiations may be brought before the Court for final resolution pursuant to the terms of this Agreement.

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VI. DISBURSEMENT OF CHECKS BY REPRESENTATIVE PLAINTIFFS' ATTORNEYS A. In order to receive settlement proceeds from the SPLC, each Covered Employee
must complete both a W-9 form and an Individual Release of Claims Pursuant to the Settlement Agreement (the "Individual Release"), forms of which are attached as Exhibits F and G. The SPLC shall not release settlement proceeds to a Covered Employee unless and until it has received a fully executed W-9 form and a fully executed Individual Release.
B. Counsel for Representative Plaintiffs will forward to Defendants' attorney each W-9 form and signed Individual Release within one week of disbursement of the settlement proceeds to a Covered Employee.

VII. DISMISSAL OF ACTION A. The parties agree that it is in their intention for the Court to retainjurisdiction of
the principal demand so as to effectuate the purposes of this Settlement Agreement and that this Agreement should be construed with such intention in mind. The parties agree to draft such pleadings, with the advice and consent of the Court, for the following events to occur for each Covered Employee receiving settlement proceeds: (1) to opt-in to this matter, (2) permit the Court to confirm the settlement payment, and (3) dismiss each Covered Employee's claim with prejudice. The parties also agree that the pleadings described herein shall be filed under seal, if permitted by the Court.
B. Belfor will comply with any obligation imposed upon it under the FLSA not to discharge or in any manner discriminate against Representative Plaintiffs for asserting their FLSA rights.

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VIII. MANAGEMENT PRACTICES FOLLOWING EXECUTION OF SETTLEMENT AGREEMENT As additional consideration, Belfor agrees to implement the following management
practices within thirty days following execution of this Agreement: A. For future Belfor projects arising from catastrophic natural disasters where Belfor
utilizes a significant number of contract laborers either directly or through a Belfor subcontractor (a "Future Natural Disaster"), Belfor will display a sign providing a toll-free phone number answered at Belfor's headquarters which the workers can call in the event of questions and/or complaints about wages or overtime pay. This sign will be displayed with translation into language(s) spoken by a significant number of workers on the project. In addition:
1. Belfor will provide interpreter services if necessary to communicate with callers. 11. Belfor will answer the telephone during at least twelve hours a week outside the
hours workers are employed on Future Natural Disasters. 111. Belfor shl:l.ll keep complainants' identities reasonably confidential to the extent
feasible. IV. Belfor will promptly investigate any complaints. B. In Future Natural Disasters, Belfor will include In its contracts with its \ subcontractors a provision that it reserves the right to inspect the subcontractors' records, including all payroll and time keeping records, for purposes of auditing compliance with Fair Labor Standards Act requirements. Belfor will also contractually require that its subcontractors obtain this inspection right for any subcontractors used by the Belfor subcontractors. C. .In Future Natural Disasters, Belfor will make reasonable efforts to audit all Belfor subcontractors for the purpose of. assessing compliance with Fair Labor Standards Act requirements at least once during the term of their Belfor contract. Such audits will include an
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audit of employment, payroll and time-keeping records, as well as inCluding whether workers are properly designated as employees or independent contractors of Belfor subcontractors in order to assess whether workers onsite at Future Natural Disasters are being paid in accordance with the Fair Labor Standards Act.
D. If an audit demonstrates a substantial failure to comply with the FLSA, Belfor will provide the offending subcontractor a reasonable opportunity to bring itself into substantial compliance, including making restitution for any improperly unpaid overtime wages. If the subcontractor fails to bring itself into substantial compliance, the subcontractor will be suspended Until it does so. Belfor will also hold any remaining payments on the contract until the matter is resolved.
E. In Future Natural Disasters, Belfor will include in its contracts with Belfor subcontractors that the subcontractors will be obligated to pay employees with a check including a remittance advice reflecting the calculation of wages paid. Belfor will also contractually require that its subcontractors obtain this commitment from all additional subcontractors used by the Belfor subcontractors. IX. PUBLICITY OF THE SETTLEMENT AGREEMENT
A. The parties will coordinate the issuance of ajoint press release which will applaud -. --- Belfor' s~effortsLuaddress- the~ overtimerssues raise-d--bythe- titigatiorr whilesimultaneously- ...
acknowledging that Belfor contends it is not responsible for the conduct of its Subcontractors. B. The press release will also be published on the web site of Representative
Plaintiffs' Attorneys.

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X. MUTUAL RELEASE A. In consideration of the execution of this Agreement and the dismissal of the
Litigation,
(1) all those Covered Employees submitting a Consent Form (Exhibit C) and an Individual Release (Exhibit G) and thereby consenting to join the Collective Action, on behalf of themselves, and any other parties, persons or entities claiming under or through them, hereby release, discharge and acquit, and
(2) the Representative Plaintiffs, on behalf of themselves, and any other parties, persons or entities claims under or through them, upon the payment described in paragraph IV.E, hereby agree to release, discharge and acquit;
Belfor and the owners of the Belfor Projects, and their respective current and former agents,
servants, officers, directors, shareholders, employees, owners, officials, subsidiaries, divisions,
branches, units, affiliates, parents, attorneys, successors, predecessors, heirs, personal
representatives, and assigns; from all manners of action, causes of action, judgments, executions,
debts, demands, rights, damages, costs, expenses and claims ofevery kind, nature and character
whatsoever, whether in law or in equity, accrued or unaccrued, known or unknown, matured or
unmatured, liquidated or unliquidated, certain or contingent, which the Representative Plaintiffs
or any Covered Employee ever had or claimed to have, or now have or claim to have as of the
date of execution of this Agreement, against Belfor or the owners of the Belfor Projects, arising
out of, or in any manner relating to, the Litigation, the Joint Employer Overtime Claim, the
Damages Claim, the Attorneys' Fee Claim, or any other claim or matter arising from the
Representative Plaintiffs' or the Covered Employees' work, labor or services provided to or for
Belfor or the owners of the Belfor Projects, including, without limitation, any personal injury,
negligence or workers' compensation claims.

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B. In consideration of the execution of this Agreement and the dismissal of the
Litigation,
(1) all those Covered Employees submitting a Consent Form (Exhibit C) and an Individual Release (Exhibit G) and thereby consenting to join the Collective Action, on behalf of themselves, and any other parties, persons or entities claiming under or through them, hereby release, discharge and acquit, and
(2) the Representative Plaintiffs, on behalf of themselves, and any other parties, persons or entities claims under or through them, upon the payment described in paragraph IV.E, hereby agree to release, discharge and acquit,
Belfor Subcontractors, and their respective current and former agents, servants, officers,
directors, shareholders, employees, owners, officials, subsidiaries, divisions, branches, units,
affiliates, parents, attorneys, successors, predecessors, heirs, personal Representative Plaintiffs
and assigns, from all manners of action, causes of action, judgments, executions, debts, demands,
rights, damages, costs, expenses and claims of every kind, nature and character whatsoever,
whether in law or in equity, accrued or unaccrued, known or unknown, matured or unmatured,
liquidated or unliquidated, certain or contingent, which the Representative Plaintiffs or any
Covered Employee ever had or claimed to have, or now have or claim to have, against the Belfor .
Subcontractors, arising out of, or in any manner relating to, the Litigation, the Joint Employer
Overtime Claim, the Damages Claim or the Attorneys' Fee Claim.
C. . In consideration of the execution of this Agreement and the dismissal of the
Litigation, Belfor, on behalf of itself and any other party, person or entity claiming under or
through it, hereby releases, discharges and acquits the Representative Plaintiffs and the Covered
Employees submitting a Consent Form (Exhibit C) and an Individual Release (Exhibit F) and
thereby consenting to join the Collective Action, and their respective current and former
attorneys, successors, predecessors, heirs, personal representatives, and assigns, from all manners
Page 10 0/13
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of action, causes of action, judgments, executions, debts, demands, rights, damages, costs,

expenses and claims of every kind, nature and character whatsoever, whether in law or in equity,

accrued or unaccrued, known or unknown, matured or unmatured, liquidated or unliquidated,

certain or contingent, which Belfor ever had or claimed to have or claims to have at the date of

the execution of this Agreement, against the Representative Plaintiffs or the Covered Employees

arising out of, or in any manner relating to, the Litigation, the Joint Employer Overtime Claim,

the Damages Claim, the Attorneys' Fee Claim, or any claim or other matter arising from the

Representative Plaintiffs or the Covered Employees' work, labor or services provided to or for

Belfor or the owners of the Belfor Projects, including, without limitation, any personal injury,

negligence, or workers' compensation claims.

D. Notwithstanding the foregoing, nothing contained in this paragraph shall be

deemed to release, modify or affect the parties' obligations under this Agre ement. Nothing

contained in this paragraph shall be deemed to release, modify or affect Belfor's claims against

Belfor Subcontractors.

XI. REPRESENTATIONS AND WARRANTIES In making and executing this Agreement, the parties hereby represent, warrant and agree

as follows:

- -A-.- -Each party -has-received-of had theepportunity- toreceive-indepenclent-legal - --

advice from its attorneys with respect to its rights and asserted rights arising out of the matters in
controversy and with respect to the advisability of executing this Agreement.

B. Each party has made such investigation of all matters pertaining to this

Agreement as it deems necessary and does not rely on any statement, promise or representation

by the other party with respect to such matters.

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Page 11 of13

c. Each party assumes the risk of any misrepresentation, concealment or mistake of
fact or law. XII. NO ADMISSION
Neither the negotiation nor the execution of this Agreement, nor any of its provisions, are to be construed as an admission by any of the parties hereto, or by their respective attorneys, officers, directors, employees or agents, regarding the truth of any matter alleged in connection with the Litigation. XIII. JOINT PARTICIPATION
The parties hereto participated jointly in the preparation of this Agreement, and each party has had the opportunity to obtain the advice of legal counsel and to review, comment upon and redraft this Agreement. Accordingly, it is agreed that no rule of construction shall apply against any party or in favor of any party. Instead, this Agreement shall be construed as if the parties jointly prepared it, and any uncertainty or ambiguity shall not be interpreted against any one party and in favor of the other. XIV. INTEGRATIONIMODIFICATION
This Agreement and the Exhibits constitute a single integrated written contract expressing the entire agreement between the parties. There are no other agreements, written or .....Qral,.express.or implied,.between.the parties hereto exceptassetiorth.in thisAgreement and Exhibits. This Agreement cannot be changed or terminated orally. XV. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed equally authentic.

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XVI. BINDING EFFECT
This Agreementshallbe bindIngupon and inure to the benefit oft1.1eparj:ies l1ereto and.
their respective.sllccessprs,hei:rs,persc)hai Representative Plaintiffs and assigns.
XVII. GOVERNING LAW .
A. This Agreeihentsha:l1 be construed and .interpreted according to the laws of the
State of Louisiana.
B.. Jurisdiction for resolving disputes about the settlement agreement, including
calculations ofaIlyCoyered.Employee"sdamages award, remains with this Court
AGREED and EXECUTED by the parties, acting by .and through their· respective
undersigned cotinSel.
pate: l("pc1 ."" Uti6
Admitted Pro Hac Vice Immigrant Justice 'Pr~ject
Southern Poverty Law Center
400 Washington Avel1ue Montgomery, Alab~a. 36104 334-956M 8200 334:-956-8481 (faX)
ATTORNEY FOR THE PLAINTIFFS

NO SFG1103151vl ,2900501Hl0009~ 07/20/2006
1265~.90.02

Page13of13

 
 Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 1 of 108
CLOSED,MASTER,PROTO
U. S. District Court Eastern District of Louisiana (New Orleans) CIVIL DOCKET FOR CASE #: 2:06−cv−00491−JCZ−DEK

Xavier et al v. Belfor USA Group Inc. Assigned to: Judge Jay C. Zainey Referred to: Magistrate Judge Daniel E. Knowles, III Cause: 29:201 Fair Labor Standards Act
Plaintiff

Date Filed: 02/01/2006 Date Terminated: 12/03/2009 Jury Demand: Both Nature of Suit: 710 Labor: Fair Standards Jurisdiction: Federal Question

Valdir Xavier on behalf of themselves and all others similarly situated TERMINATED: 11/09/2010

represented by Hector A. Linares Juvenile Justice Project of Louisiana 1600 Oretha Castle Haley Blvd. New Orleans, LA 70113 504−606−1223 Email: hlinares_3@hotmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Barry James Gerharz Barry Gerharz, Attorney at Law 1263 16th Ave. #2 San Francisco, CA 94122 707−722−7797 Email: barry@gerharz.com TERMINATED: 04/23/2008

Jennifer Jean Rosenbaum New Orleans Workers' Center for Racial Justice 217 N. Prieur St. New Orleans, LA 70112 504−309−5165 Email: jjrosenbaum@nowcrj.org ATTORNEY TO BE NOTICED

Mary C. Bauer Southern Poverty Law Center Immigrant Justice Project 233 Peachtree Street NE Suite 2150 Atlanta, GA 30303 404−521−6700 Email: mbauer@splcenter.org ATTORNEY TO BE NOTICED

Naomi Tsu Southern Poverty Law Center Immigrant Justice Project 233 Peachtree Street NE Suite 2150 Atlanta, GA 30303 404−521−6700 Email: naomi.tsu@splcenter.org ATTORNEY TO BE NOTICED

Plaintiff Sergio Oliveira

represented by Hector A. Linares (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 2 of 108

Plaintiff Edson Silva
Plaintiff Wanderson de Souza

Barry James Gerharz (See above for address) TERMINATED: 04/23/2008
Jennifer Jean Rosenbaum (See above for address) ATTORNEY TO BE NOTICED
Mary C. Bauer (See above for address) ATTORNEY TO BE NOTICED
Naomi Tsu (See above for address) ATTORNEY TO BE NOTICED
represented by Hector A. Linares (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Barry James Gerharz (See above for address) TERMINATED: 04/23/2008
Jennifer Jean Rosenbaum (See above for address) ATTORNEY TO BE NOTICED
Mary C. Bauer (See above for address) ATTORNEY TO BE NOTICED
Naomi Tsu (See above for address) ATTORNEY TO BE NOTICED
represented by Hector A. Linares (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Barry James Gerharz (See above for address) TERMINATED: 04/23/2008
Jennifer Jean Rosenbaum (See above for address) ATTORNEY TO BE NOTICED
Mary C. Bauer (See above for address) ATTORNEY TO BE NOTICED
Naomi Tsu (See above for address) ATTORNEY TO BE NOTICED

V.

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 3 of 108

Consol Plaintiff
Orestes Daniel Obando 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard Robein, Urann, Spencer, Picard &Cangemi, APLC 2540 Severn Ave. Suite 400 Metairie, LA 70002 504−885−9994 Email: npicard@ruspclaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy Cunningham Dalman, P.C. 321 Settlers Road Holland, MI 49423 616−392−1821 Email: gmccoy@holland−law.com ATTORNEY TO BE NOTICED

James L. Betzold Law Office of Jose A. Sandoval, P.C. 4543 S. Division Ave. Wyoming, MI 49503 616−212−0630 Email: james.betzold@gmail.com PRO HAC VICE ATTORNEY TO BE NOTICED

Jose A. Sandoval Law Office of Jose A. Sandoval, P.C. 4543 S. Division Ave. Wyoming, MI 49503 616−257−6807 Email: jdsandoval@sbcglobal.net ATTORNEY TO BE NOTICED

Julie Marie Richard−Spencer Robein, Urann, Spencer, Picard &Cangemi, APLC 2540 Severn Ave. Suite 400 Metairie, LA 70002 504−885−9994 Email: jrichard@ruspclaw.com ATTORNEY TO BE NOTICED

Robert Anthony Alvarez Law Office of Jose A. Sandoval, P.C. 4543 S. Division Ave. Wyoming, MI 49503 616−257−6807 Fax: 616−257−8501 Email: alvarezlaw@gmail.com ATTORNEY TO BE NOTICED

Robert H. Urann Robein, Urann, Spencer, Picard &Cangemi, APLC 2540 Severn Ave. Suite 400 Metairie, LA 70002 504−885−9994 Email: rurann@ruspclaw.com

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 4 of 108

ATTORNEY TO BE NOTICED

Ronald J. Vander Veen Cunningham Dalman, P.C. 321 Settlers Road Holland, MI 49423 616−392−1821 Email: rjvv@holland−law.com ATTORNEY TO BE NOTICED

William Lurye AFL−CIO 815 16th Street, N.W. Washington, DC 20006 202−637−5198 Email: wlurye@rul−law.com TERMINATED: 07/30/2007

Consol Plaintiff
Adan Gonzalez on behalf of themselves and all others similary situated (06−7804) TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Julie Marie Richard−Spencer (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

William Lurye (See above for address) TERMINATED: 07/30/2007

Consol Plaintiff
Vanda Lima 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address)

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 5 of 108

ATTORNEY TO BE NOTICED

Julie Marie Richard−Spencer (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

William Lurye (See above for address) TERMINATED: 07/30/2007

Consol Plaintiff
Sergio Alho 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

James L. Betzold (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Julie Marie Richard−Spencer (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

William Lurye (See above for address) TERMINATED: 07/30/2007

Consol Plaintiff
Fabio Lima 06−7804

represented by Nancy Picard (See above for address)

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 6 of 108

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

James L. Betzold (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Julie Marie Richard−Spencer (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

William Lurye (See above for address) TERMINATED: 07/30/2007

Consol Plaintiff
Jose Duarte 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

James L. Betzold (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Julie Marie Richard−Spencer (See above for address) ATTORNEY TO BE NOTICED

Naomi Tsu (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 7 of 108

(See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

William Lurye (See above for address) TERMINATED: 07/30/2007

Consol Plaintiff
Juan Antonio Alfaro Nava 08−3736 TERMINATED: 11/09/2010

represented by Mark H. Verwys Plunkett Cooney 333 Bridge St., N. W. Suite 530 Grand Rapids, MI 49504 616−752−4602 Email: mverwys@plunkettcooney.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

James L. Betzold (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Nancy Picard (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Adaildo M. Pereira 08−3736 TERMINATED: 10/28/2009

represented by Mark H. Verwys (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

James L. Betzold (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Nancy Picard (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 8 of 108

Consol Plaintiff
Elio Escovar 08−3736 TERMINATED: 11/09/2010

represented by Mark H. Verwys (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

James L. Betzold (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Nancy Picard (See above for address) ATTORNEY TO BE NOTICED

Naomi Tsu (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Glenton Houston Gillespie 08−3736 TERMINATED: 11/09/2010

represented by Mark H. Verwys (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

James L. Betzold (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Nancy Picard (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Ricardo Manuel 08−3736 TERMINATED: 09/01/2009

represented by Mark H. Verwys (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nancy Picard (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 9 of 108

(See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Regina Toledo Melgar 08−3736 TERMINATED: 11/09/2010

represented by Mark H. Verwys (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

James L. Betzold (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Nancy Picard (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Joao Batista Silva 08−3736 TERMINATED: 11/09/2010

represented by Mark H. Verwys (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

James L. Betzold (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Nancy Picard (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
James Chad Stacks 08−3736 TERMINATED: 11/09/2010

represented by Mark H. Verwys (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

James L. Betzold

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 10 of 108

(See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Nancy Picard (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Delmy Reyes Bayde 08−3736 TERMINATED: 09/01/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mark H. Verwys (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Consol Plaintiff
Lourdes Garces 08−3736 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

James L. Betzold (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Mark H. Verwys (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Consol Plaintiff
Agnelio Jurado 08−3736 TERMINATED: 10/28/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

James L. Betzold (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Mark H. Verwys (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 11 of 108

(See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Consol Plaintiff
Carmen Rodriguez 08−3736 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

James L. Betzold (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Mark H. Verwys (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Consol Plaintiff
Celia Sacoto 08−3736 TERMINATED: 09/01/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mark H. Verwys (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Consol Plaintiff
Ticos Construction, L.L.C. 08−949 TERMINATED: 06/24/2009

represented by Ticos Construction, L.L.C. 8909 Couchville Pike Mt. Juliet, TN 37122 PRO SE

Ashley Brooke Robinson Shields Mott Lund, LLP (New Orleans) 650 Poydras Street Suite 2600 New Orleans, LA 70130 504−581−4445 Email: abr@shieldsmottlund.com TERMINATED: 03/19/2009

Clarence F. Favret , III Clarence F. Favret, III, Attorney at Law 228 St. Charles Ave. Suite 1310 New Orleans, LA 70130 (504) 383−8978 Email: ret@cffavret.com TERMINATED: 03/19/2009

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 12 of 108

Consol Plaintiff Jorge Anderson 06−7804 TERMINATED: 11/09/2010
Consol Plaintiff Denice Albencio Aroyo 06−7804 TERMINATED: 11/09/2010
Consol Plaintiff Moises Augusto 06−7804 TERMINATED: 06/22/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED
Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED
Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED
Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED
Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED
represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED
Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED
Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED
Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED
Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED
represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 13 of 108

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Vanderlei Bacarro 06−7804 TERMINATED: 06/22/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
George Barbosa 06−7804 TERMINATED: 06/22/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 14 of 108

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Miguel Barquero 06−7804 TERMINATED: 06/22/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Marize Barrosa 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Cordovil Barroso 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 15 of 108

(See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Vinicius Barroso 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Charles Biting 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 16 of 108

(See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Manuel Brizuela 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Eduardo da Silva Camara 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Claudio Armaral Carvalho 06−7804 TERMINATED: 06/22/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 17 of 108

ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Mario T. Castro 06−7804 TERMINATED: 06/22/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Jose Cardena 06−7804 TERMINATED: 06/22/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address)

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 18 of 108

ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Rodrigo Chaves 06−7804 TERMINATED: 06/22/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Renan Chaves 06−7804 TERMINATED: 06/22/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 19 of 108

Erio Candido Cimim 06−7804 TERMINATED: 06/22/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Jose Claudio Hubner 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Hector Cocca 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 20 of 108

Consol Plaintiff Mirian Cordero 06−7804 TERMINATED: 06/22/2009
Consol Plaintiff Hosana da Costa 06−7804 TERMINATED: 06/22/2009

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED
Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED
Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED
represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED
Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED
Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED
Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED
Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED
represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED
Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED
Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED
Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED
Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 21 of 108

Consol Plaintiff Dalce Campos da Mota 06−7804 TERMINATED: 11/09/2010
Consol Plaintiff Paulo Lincoln da Silva 06−7804 TERMINATED: 11/09/2010
Consol Plaintiff Andre Feliciano da Silva 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED
Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED
Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED
Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED
Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED
represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED
Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED
Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED
Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED
Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED
represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 22 of 108

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Mariana Feliciano da Silva 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Civero Ferreirra da Silva 06−7804 TERMINATED: 06/22/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 23 of 108

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Rosangela Maria da Silva 06−7804 TERMINATED: 06/22/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Samuel S. da Silva 06−7804 TERMINATED: 06/22/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Joao Batista da Silva 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 24 of 108

(See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Geralda de Melo 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Mauricio de Oliveira 06−7804

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 25 of 108

(See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Sergio Ferreira de Olveira 06−7804 TERMINATED: 10/28/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Vanderlei Texeira de Siqueira 06−7804 TERMINATED: 06/22/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Elias Rocha de Souza 06−7804 TERMINATED: 06/22/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 26 of 108

ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Aime Viera Darte 06−7804 TERMINATED: 06/22/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Sandra Aparecida Espedito 06−7804 TERMINATED: 06/22/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address)

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 27 of 108

ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Sonia Maria Feliciano 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Joao Carlos Fernandez 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 28 of 108

Elma Campos Ferreira 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Joao Batista Filho 06−7804 TERMINATED: 04/28/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
San Juanita Tovias Galvan 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 29 of 108

Consol Plaintiff Evandro Ginelli 06−7804 TERMINATED: 11/09/2010
Consol Plaintiff Angela Maria Gomes 06−7804 TERMINATED: 11/09/2010

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED
Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED
Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED
represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED
Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED
Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED
Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED
Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED
represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED
Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED
Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED
Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED
Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 30 of 108

Consol Plaintiff David Sousa Gomes 06−7804 TERMINATED: 11/09/2010
Consol Plaintiff Maria Gomes 06−7804 TERMINATED: 11/09/2010
Consol Plaintiff Aroldo Batista Gomes 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED
Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED
Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED
Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED
Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED
represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED
Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED
Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED
Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED
Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED
represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 31 of 108

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Alex Gomes 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Karoline Diniz Gondim 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 32 of 108

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Adan Gonzales 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

James L. Betzold (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Nini Groth 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff

represented by

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 33 of 108

Michael Ray Hamilton 06−7804 TERMINATED: 11/09/2010

Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Eunice Gomes Harca 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Maria Hubner 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 34 of 108

Consol Plaintiff Baptiste Pinto de O Jiminez 06−7804 TERMINATED: 11/09/2010
Consol Plaintiff Alvaro J. Junior 06−7804 TERMINATED: 11/09/2010

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED
Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED
Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED
represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED
Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED
Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED
Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED
Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED
represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED
Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED
Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED
Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED
Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 35 of 108

Consol Plaintiff Dirson Barbosa Junior 06−7804
Consol Plaintiff Renaldo Leao 06−7804 TERMINATED: 11/09/2010
Consol Plaintiff Reina Hilda Lemus 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED
Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED
Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED
Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED
Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED
represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED
Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED
Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED
Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED
Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED
represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 36 of 108

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Silvio de Sousa Lima 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Vanda Lima 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 37 of 108

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Emilio Lopez 06−7804 TERMINATED: 06/22/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Rosy Martinez 06−7804 TERMINATED: 10/28/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Alexandro Martins 06−7804 TERMINATED: 06/22/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 38 of 108

(See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Jeandro Martins 06−7804 TERMINATED: 06/22/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Maria Mauriz 06−7804 TERMINATED: 06/22/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 39 of 108

(See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Carlos Henrique Miranda 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Ana Moreno 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Idemar Luiz Neves 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 40 of 108

ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Roberto Nunez 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Orestes Obando 06−7804 TERMINATED: 06/22/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address)

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 41 of 108

ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Juan Aguirre Ortiz 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Leonardo Peixoto 06−7804 TERMINATED: 06/22/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 42 of 108

Sebastio Pereira 06−7804 TERMINATED: 06/22/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Mara Beatriz Freitas Pimenta 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Erick Pinheiro 06−7804 TERMINATED: 06/22/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 43 of 108

Consol Plaintiff Daniella Pinto 06−7804 TERMINATED: 11/09/2010
Consol Plaintiff Adriano da Silva Queiroz 06−7804 TERMINATED: 06/22/2009

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED
Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED
Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED
represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED
Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED
Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED
Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED
Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED
represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED
Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED
Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED
Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED
Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 44 of 108

Consol Plaintiff Juan Ramirez Ramos 06−7804 TERMINATED: 11/09/2010
Consol Plaintiff Olga Camara Rivera 06−7804 TERMINATED: 11/09/2010
Consol Plaintiff Adailton Rodrigues 06−7804 TERMINATED: 06/22/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED
Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED
Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED
Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED
Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED
represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED
Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED
Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED
Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED
Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED
represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 45 of 108

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
G. Rubia 06−7804 TERMINATED: 04/28/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Andre Santos 06−7804 TERMINATED: 06/22/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 46 of 108

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Gladstone Santos, Jr. 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Marcos Antonio Silva 06−7804 TERMINATED: 06/22/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Marcel Silva 06−7804 TERMINATED: 06/22/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 47 of 108

(See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Anderson DeMenezes Silva 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Francilino Silva 06−7804 TERMINATED: 06/22/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 48 of 108

(See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Elinete Souza 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Mariana Suarez 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Monica Patricia Moreira Teixeira 06−7804 TERMINATED: 06/22/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 49 of 108

ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
George Turnquest 06−7804 TERMINATED: 06/22/2009

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Carlos Valasquez−Garduno 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address)

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 50 of 108

ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Valdir Xavier 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
Sergio Luiz Gonclaves Alho 06−7804 TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 51 of 108

V. Defendant Belfor USA Group Inc.

represented by Michael David Kurtz Baker Donelson Bearman Caldwell &Berkowitz (New Orleans) 201 St. Charles Ave. Suite 3600 New Orleans, LA 70170 504−566−5200 Email: dkurtz@bakerdonelson.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Anne Derbes Wittmann Baker Donelson Bearman Caldwell &Berkowitz (New Orleans) 201 St. Charles Ave. Suite 3600 New Orleans, LA 70170 (504) 566−5200 Fax: (504) 636−3986 Email: awittmann@bakerdonelson.com ATTORNEY TO BE NOTICED
Brian M. Ballay Baker Donelson Bearman Caldwell &Berkowitz (New Orleans) 201 St. Charles Ave. Suite 3600 New Orleans, LA 70170 504−566−5200 Email: bballay@bakerdonelson.com ATTORNEY TO BE NOTICED
Erin E. Pelleteri Baker Donelson Bearman Caldwell &Berkowitz (New Orleans) 201 St. Charles Ave. Suite 3600 New Orleans, LA 70170 504−566−5200 Fax: 504−636−4000 Email: epelleteri@bakerdonelson.com ATTORNEY TO BE NOTICED
Katie L. Dysart Baker Donelson Bearman Caldwell &Berkowitz (New Orleans) 201 St. Charles Ave. Suite 3600 New Orleans, LA 70170 504−566−8611 Email: kdysart@bakerdonelson.com ATTORNEY TO BE NOTICED
Steven F. Griffith , Jr. Baker Donelson Bearman Caldwell &Berkowitz (New Orleans) 201 St. Charles Ave. Suite 3600 New Orleans, LA 70170 504−566−5200 Fax: 504−636−4000

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 52 of 108
Email: sgriffith@bakerdonelson.com ATTORNEY TO BE NOTICED

V. Consol Defendant Belfor USA Group, Inc. a Delaware Corporation (06−7804 )
Consol Defendant Ticos Construction, L.L.C. a Tennessee Corporation (06−7804)

represented by Michael David Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Anne Derbes Wittmann (See above for address) ATTORNEY TO BE NOTICED
Erin E. Pelleteri (See above for address) ATTORNEY TO BE NOTICED
Katie L. Dysart (See above for address) ATTORNEY TO BE NOTICED
Steven F. Griffith , Jr. (See above for address) ATTORNEY TO BE NOTICED
represented by Ticos Construction, L.L.C. (See above for address) PRO SE
Michael Thomas Tusa , Jr. Sutton &Alker, LLC 4080 Lonesome Road Suite A Mandeville, LA 70448 985−727−7501 Email: mtusa@sutton−alker.com TERMINATED: 03/19/2009 LEAD ATTORNEY
Andre Jude Lagarde U. S. Attorney's Office (New Orleans) 650 Poydras St. Suite 1600 New Orleans, LA 70130 (504) 680−3009 Email: andre.lagarde@usdoj.gov TERMINATED: 03/19/2009
Brad P. Scott Favret, Demarest, Russo &Lutkewitte 1515 Poydras St. Suite 1400 New Orleans, LA 70112 504−561−1006 Email: bscott@favretlaw.com TERMINATED: 03/19/2009
Clarence F. Favret , III (See above for address) TERMINATED: 03/19/2009

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 53 of 108

Consol Defendant Belfor USA Group, Inc. 08−3736
Consol Defendant Belfor USA Group, Inc. 08−949 TERMINATED: 06/24/2009
Third Party Plaintiff Belfor USA Group, Inc. TERMINATED: 08/27/2008

represented by Michael David Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Anne Derbes Wittmann (See above for address) ATTORNEY TO BE NOTICED
Eric A. Linden Jaffe, Raitt, Heuer &Weiss, PC 27777 Franklin Road Suite 2500 Southfield, MI 48034−8214 248−351−3000 TERMINATED: 08/11/2008
Katie L. Dysart (See above for address) ATTORNEY TO BE NOTICED
Patrice S. Arend Jaffe, Raitt, Heuer &Weiss, PC 27777 Franklin Road Suite 2500 Southfield, MI 48034−8214 248−351−3000 TERMINATED: 08/11/2008
Steven F. Griffith , Jr. (See above for address) ATTORNEY TO BE NOTICED
represented by Michael David Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Erin E. Pelleteri (See above for address) ATTORNEY TO BE NOTICED
Katie L. Dysart (See above for address) ATTORNEY TO BE NOTICED
Steven F. Griffith , Jr. (See above for address) ATTORNEY TO BE NOTICED
represented by Michael David Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Erin E. Pelleteri (See above for address) ATTORNEY TO BE NOTICED

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 54 of 108

Katie L. Dysart (See above for address) ATTORNEY TO BE NOTICED

Steven F. Griffith , Jr. (See above for address) ATTORNEY TO BE NOTICED

Third Party Plaintiff
Belfor USA Group, Inc. TERMINATED: 09/23/2008

represented by Michael David Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Erin E. Pelleteri (See above for address) ATTORNEY TO BE NOTICED

Katie L. Dysart (See above for address) ATTORNEY TO BE NOTICED

Steven F. Griffith , Jr. (See above for address) ATTORNEY TO BE NOTICED

V. Consol Third Party Plaintiff Belfor USA Group, Inc. 06−7804 TERMINATED: 08/27/2008
Consol Third Party Plaintiff Belfor USA Group, Inc. (06−7804)

represented by Michael David Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Erin E. Pelleteri (See above for address) ATTORNEY TO BE NOTICED
Katie L. Dysart (See above for address) ATTORNEY TO BE NOTICED
Steven F. Griffith , Jr. (See above for address) ATTORNEY TO BE NOTICED
represented by Michael David Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Anne Derbes Wittmann (See above for address) ATTORNEY TO BE NOTICED
Erin E. Pelleteri (See above for address) ATTORNEY TO BE NOTICED
Katie L. Dysart (See above for address)

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 55 of 108

ATTORNEY TO BE NOTICED

Steven F. Griffith , Jr. (See above for address) ATTORNEY TO BE NOTICED

Consol Third Party Plaintiff
Belfor USA Group, Inc. 08−3736

represented by Michael David Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Anne Derbes Wittmann (See above for address) ATTORNEY TO BE NOTICED

Erin E. Pelleteri (See above for address) ATTORNEY TO BE NOTICED

Katie L. Dysart (See above for address) ATTORNEY TO BE NOTICED

Steven F. Griffith , Jr. (See above for address) ATTORNEY TO BE NOTICED

Consol Third Party Plaintiff
Belfor USA Group, Inc. 06−7804

represented by Michael David Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Anne Derbes Wittmann (See above for address) ATTORNEY TO BE NOTICED

Erin E. Pelleteri (See above for address) ATTORNEY TO BE NOTICED

Katie L. Dysart (See above for address) ATTORNEY TO BE NOTICED

Steven F. Griffith , Jr. (See above for address) ATTORNEY TO BE NOTICED

V.
Third Party Defendant
Guaranteed Fence &Gate, LLC TERMINATED: 09/23/2008

represented by Scott G. Wolfe , Jr. The Wolfe Law Offices, LLC 4821 Prytania St. New Orleans, LA 70115 504−894−9653 Fax: 866−761−8934 Email: scott@wolfelaw.com LEAD ATTORNEY

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 56 of 108

Third Party Defendant
Construction Management Services, USA, LLC TERMINATED: 08/27/2008

represented by Jack Kenneth Whitehead , Jr. Whitehead Law Firm 11909 Bricksome Ave. Suite W−3 Baton Rouge, LA 70816 225−303−8600 Fax: 2253030013 Email: jwhitehead@whitehead−law.com LEAD ATTORNEY

Third Party Defendant Ticos Construction, L.L.C.

represented by Ticos Construction, L.L.C. (See above for address) PRO SE

Michael Thomas Tusa , Jr. (See above for address) TERMINATED: 03/19/2009 LEAD ATTORNEY

Andre Jude Lagarde (See above for address) TERMINATED: 03/19/2009

Brad P. Scott (See above for address) TERMINATED: 03/19/2009

Clarence F. Favret , III (See above for address) TERMINATED: 03/19/2009

Consol Third Party Defendant
Guaranteed Fence &Gate, LLC 06−7804

represented by Scott G. Wolfe , Jr. (See above for address) LEAD ATTORNEY

Consol Third Party Defendant
Construction Management Services, USA, LLC 06−7804 TERMINATED: 08/27/2008

represented by Jack Kenneth Whitehead , Jr. (See above for address) LEAD ATTORNEY

Consol Third Party Defendant
Ticos Construction, L.L.C. 08−3736

represented by Ticos Construction, L.L.C. (See above for address) PRO SE

Michael Thomas Tusa , Jr. (See above for address) TERMINATED: 03/19/2009 LEAD ATTORNEY

Andre Jude Lagarde (See above for address) TERMINATED: 03/19/2009

Clarence F. Favret , III (See above for address) TERMINATED: 03/19/2009

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 57 of 108

Consol Third Party Defendant Expro Services, Inc. 06−7804
Consol Third Party Defendant Expro Services, Inc. 08−3736
Consol Third Party Defendant M2/Royal Construction, Inc. 06−7804, 08−3736
Consol Counter Claimant Guaranteed Fence &Gate, LLC (06−7804)
Third Party Plaintiff Belfor USA Group Inc. TERMINATED: 09/23/2008

represented by M2/Royal Construction, Inc. c/o CT Corporation System 8850 United Plaza Blvd. Baton Rouge, LA 70809 PRO SE
represented by Scott G. Wolfe , Jr. (See above for address) LEAD ATTORNEY
represented by Michael David Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Brian M. Ballay (See above for address) ATTORNEY TO BE NOTICED
Erin E. Pelleteri (See above for address) ATTORNEY TO BE NOTICED
Katie L. Dysart (See above for address) ATTORNEY TO BE NOTICED
Steven F. Griffith , Jr. (See above for address) ATTORNEY TO BE NOTICED

V. Third Party Defendant Expro Services, Inc.

represented by Expro Services, Inc. 9858 Clintmoore Road C−111, #221 Boca Raton, FL 33496 PRO SE
Kevin Richard Tully Christovich &Kearney, LLP Pan American Life Center 601 Poydras St. Suite 2300 New Orleans, LA 70130−6078 (504) 561−5700 Email: krtully@christovich.com TERMINATED: 02/27/2007

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 58 of 108

LEAD ATTORNEY

Christopher J. Alfieri Christovich &Kearney, LLP Pan American Life Center 601 Poydras St. Suite 2300 New Orleans, LA 70130−6078 (504) 561−5700 Email: cjalfieri@christovich.com TERMINATED: 02/27/2007

Elizabeth Skelly Cordes Christovich &Kearney, LLP Pan American Life Center 601 Poydras St. Suite 2300 New Orleans, LA 70130−6078 (504) 561−5700 Email: escordes@christovich.com TERMINATED: 02/27/2007

Howard Carter Marshall Christovich &Kearney, LLP Pan American Life Center 601 Poydras St. Suite 2300 New Orleans, LA 70130−6078 (504) 561−5700 Email: hcmarshall@christovich.com TERMINATED: 02/27/2007

Robert D. Peyton Christovich &Kearney, LLP Pan American Life Center 601 Poydras St. Suite 2300 New Orleans, LA 70130−6078 (504) 561−5700 Email: rdpeyton@christovich.com TERMINATED: 02/27/2007

Counter Claimant Expro Services, Inc.

represented by Kevin Richard Tully (See above for address) TERMINATED: 02/27/2007 LEAD ATTORNEY

Christopher J. Alfieri (See above for address) TERMINATED: 02/27/2007

Howard Carter Marshall (See above for address) TERMINATED: 02/27/2007

Robert D. Peyton (See above for address) TERMINATED: 02/27/2007

V. Counter Defendant

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Belfor USA Group Inc.

represented by Michael David Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Anne Derbes Wittmann (See above for address) ATTORNEY TO BE NOTICED

Brian M. Ballay (See above for address) ATTORNEY TO BE NOTICED

Katie L. Dysart (See above for address) ATTORNEY TO BE NOTICED

Steven F. Griffith , Jr. (See above for address) ATTORNEY TO BE NOTICED

Counter Claimant Guaranteed Fence &Gate, LLC

represented by Scott G. Wolfe , Jr. (See above for address) LEAD ATTORNEY

V. Consol Counter Defendant Belfor USA Group, Inc. a Delaware Corporation (06−7804 ) TERMINATED: 06/24/2009
Consol Counter Claimant Ticos Construction, L.L.C. (06−7804) TERMINATED: 06/24/2009

represented by Michael David Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Erin E. Pelleteri (See above for address) ATTORNEY TO BE NOTICED
Katie L. Dysart (See above for address) ATTORNEY TO BE NOTICED
Steven F. Griffith , Jr. (See above for address) ATTORNEY TO BE NOTICED
represented by Ticos Construction, L.L.C. (See above for address) PRO SE
Michael Thomas Tusa , Jr. (See above for address) TERMINATED: 03/19/2009 LEAD ATTORNEY
Andre Jude Lagarde (See above for address) TERMINATED: 03/19/2009
Brad P. Scott (See above for address)

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TERMINATED: 03/19/2009
Clarence F. Favret , III (See above for address) TERMINATED: 03/19/2009

V. Counter Defendant Belfor USA Group, Inc. a Delaware Corporation (06−7804 )
Third Party Plaintiff Belfor USA Group Inc.

represented by Michael David Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Anne Derbes Wittmann (See above for address) ATTORNEY TO BE NOTICED
Erin E. Pelleteri (See above for address) ATTORNEY TO BE NOTICED
Katie L. Dysart (See above for address) ATTORNEY TO BE NOTICED
Steven F. Griffith , Jr. (See above for address) ATTORNEY TO BE NOTICED
represented by Michael David Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Anne Derbes Wittmann (See above for address) ATTORNEY TO BE NOTICED
Brian M. Ballay (See above for address) ATTORNEY TO BE NOTICED
Erin E. Pelleteri (See above for address) ATTORNEY TO BE NOTICED
Katie L. Dysart (See above for address) ATTORNEY TO BE NOTICED
Steven F. Griffith , Jr. (See above for address) ATTORNEY TO BE NOTICED

V. Third Party Defendant Expro Services, Inc.

represented by Expro Services, Inc. (See above for address) PRO SE

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Kevin Richard Tully (See above for address) TERMINATED: 02/27/2007 LEAD ATTORNEY
Christopher J. Alfieri (See above for address) TERMINATED: 02/27/2007
Elizabeth Skelly Cordes (See above for address) TERMINATED: 02/27/2007
Howard Carter Marshall (See above for address) TERMINATED: 02/27/2007
Robert D. Peyton (See above for address) TERMINATED: 02/27/2007

Date Filed 02/01/2006
02/01/2006 02/01/2006 02/01/2006 02/01/2006 02/03/2006
02/03/2006 02/08/2006 02/23/2006 02/24/2006
03/07/2006 03/14/2006
03/14/2006

# Docket Text
1 COMPLAINT against Belfor USA Group Inc. (Filing fee $ 250.) filed by Valdir Xavier, Sergio Oliveira, Edson Silva.(gbw, ) Additional attachment(s) added on 2/2/2006 (gbw, ). (Entered: 02/02/2006)
2 Summons Issued as to Belfor USA Group Inc.. (gbw, ) (Entered: 02/02/2006)
3 ORDER that plaintiffs shall move for class certification by 5/2/06. Signed by Judge Jay C. Zainey on 2/1/06.(gbw, ) (Entered: 02/02/2006)
4 MOTION for Jennifer Rosenbaum to Appear Pro Hac Vice (Filing fee $5.) by all plaintiffs. (gbw, ) (Entered: 02/08/2006)
6 MOTION for Mary Bauer to Appear Pro Hac Vice (Filing fee $5.) by all plaintiffs. (gbw, ) (Entered: 02/08/2006)
5 ORDER granting Plaintiffs' 4 Motion to Appear Pro Hac Vice as to Jennifer Rosenbaum. . Signed by Judge Jay C. Zainey on 2/2/06. (gbw, ) (Entered: 02/08/2006)
7 ORDER granting Plaintiffs' 6 Motion to Appear Pro Hac Vice as to Mary C. Bauer. . Signed by Judge Jay C. Zainey on 2/2/06. (gbw, ) (Entered: 02/08/2006)
8 NOTICE by plaintiffs of filing consents to join FLSA collective action. (gbw, ) (Entered: 02/10/2006)
9 MOTION for Extension of Time to Answer re 1 Complaint by Belfor USA Group Inc.. (gbw, ) (Entered: 03/01/2006)
10 ORDER granting 9 Belfor USA Group Inc.'s Motion for Extension of Time to Answer re 1 Complaint . Signed by Judge Jay C. Zainey on 2/24/06. (gbw, ) (Entered: 03/01/2006)
11 SUMMONS Returned Executed; Belfor USA Group Inc. served on 2/10/2006. (gbw, ) (Entered: 03/13/2006)
12 FIRST AMENDED COMPLAINT against Belfor USA Group Inc. filed by Wanderson de Souza, Valdir Xavier, Sergio Oliveira, Edson Silva.(gbw, ) (Entered: 03/17/2006)
13 NOTICE by all plaintiffs of filing consents to join FLSA Collective Action. (gbw, ) (Entered: 03/17/2006)

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03/29/2006 04/03/2006 04/04/2006 04/04/2006 04/06/2006 04/06/2006 04/24/2006 04/25/2006 05/05/2006 05/12/2006 05/22/2006 05/25/2006 06/12/2006
06/12/2006 06/12/2006 06/30/2006 07/10/2006 07/12/2006 07/12/2006 07/17/2006

14 NOTICE by plaintiffs of filing consents to join FLSA Collection Action. (gbw, ) (Entered: 04/03/2006)
15 MOTION for Leave to File to file second amended complaint by all plaintiffs. (gbw, ) (Entered: 04/07/2006)
16 ORDER granting 15 Plaintiffs' Motion for Leave to file second amended complaint as stated in the document. Signed by Judge Jay C. Zainey on 4/3/06. (gbw, ) Modified on 4/7/2006 (gbw, ). (Entered: 04/07/2006)
17 SECOND AMENDED COMPLAINT against Belfor USA Group Inc. filed by plaintiffs.(gbw, ) (Entered: 04/07/2006)
18 THIRD PARTY COMPLAINT against Expro Services, Inc. filed by Belfor USA Group Inc..(gbw, ) (Entered: 04/10/2006)
19 Summons Issued as to Expro Services, Inc.. (gbw, ) (Entered: 04/10/2006)
21 NOTICE by plaintiffs of filing consents to join FLSA Collective Action. (gbw, ) (Entered: 04/26/2006)
20 SUMMONS Returned Executed; Expro Services, Inc. served on 4/18/2006. (gbw, ) (Entered: 04/26/2006)
22 EXPARTE/CONSENT MOTION for Extension of Time to Answer re 18 Third Party Complaint by Expro Services, Inc. (caa, ) (Entered: 05/15/2006)
23 ORDER granting 22 Motion for Extension of Time to Answer re 18 Third Party Complaint as to Expro Services, Inc. answer due 5/23/2006. Signed by Judge Jay C. Zainey on 5/10/2006. (caa, ) (Entered: 05/15/2006)
24 SECOND EXPARTE/CONSENT MOTION for Extension of Time to Answer re 18 Third Party Complaint by Expro Services, Inc.. (gbw, ) (Entered: 05/26/2006)
25 ORDER granting 24 Motion for Extension of Time to Answer re 18 Third Party Complaint. Answer due 6/12/06. Signed by Judge Jay C. Zainey on 5/24/06. (gbw, ) (Entered: 05/26/2006)
26 ANSWER to Third Party Complaint with Jury Demand, COUNTERCLAIM against Belfor USA Group Inc. by Third Party Defendant Expro Services, Inc.(Tully, Kevin) Modified on 6/13/2006 (gbw, ). Modified on 3/21/2007 (gbw, ). (DOCUMENT STRICKEN PER DOC. #79) (Entered: 06/12/2006)
27 Correction of Docket Entry by Clerk re 26 Answer to Third Party Complaint, Counterclaim. Added attorneys to counterclaimant Expro Services, Inc. (gbw, ) (Entered: 06/13/2006)
28 NOTICE Scheduling Conference set for 7/13/2006 02:15 PM before courtroom deputy by telephone, by Clerk.(gbw, ) (Entered: 06/13/2006)
29 EXPARTE/CONSENT MOTION for Extension of Time to Respond to 26 Expro Services Inc.'s Counterclaim by Belfor USA Group Inc.. (gbw, ) (Entered: 07/10/2006)
30 ORDER granting 29 Belfor USA Group, Inc.'s Motion for Extension of Time to Respond to 26 Expro Services, Inc.'s Counterclaim. Answer due 7/12/06 . Signed by Judge Jay C. Zainey on 7/6/06. (gbw, ) (Entered: 07/10/2006)
31 ANSWER to Counterclaim and Supplemental,Amended,&Restated Third Party Complaint against Expro Services, Inc. by Defendant Belfor USA Group Inc..(cms, ) Modified on 7/26/2006 (cms, ). (Entered: 07/14/2006)
34 SUPPLEMENTAL AND AMENDED THIRD PARTY COMPLAINT against Expro Services, Inc. filed by Belfor USA Group Inc.(Originally docketed as an answer only ref. doc. 31)(cms, ) (Entered: 07/26/2006)
32 SCHEDULING ORDER: Final Pretrial Conference set for 2/15/2007 11:00 AM &Jury Trial set for 3/19/2007 08:30 AM before Judge. Signed by Judge Jay C. Zainey. (Attachments: # 1 Pretrial Notice Form)(jrc, ) (Entered: 07/17/2006)

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07/25/2006
07/26/2006 08/18/2006 08/23/2006 08/24/2006
09/06/2006 09/07/2006 09/07/2006 09/07/2006 09/07/2006 09/07/2006 09/13/2006 09/13/2006 09/14/2006
09/15/2006 09/20/2006 11/16/2006 11/21/2006

33 EXPARTE/CONSENT MOTION for Extension of Time to Respond to 31 Belfor USA Group Inc.'s Supplemental, Amended and Restated Third Party Demand by Expro Services, Inc.. (Attachments: # 1 Proposed Order)(Tully, Kevin) Modified on 7/26/2006 (gbw, ). Modified on 7/26/2006 (gbw, ). (Entered: 07/25/2006)
35 ORDER granting 33 Expro Services Inc.'s Motion for Extension of Time to respond to 34 Belfor's Supplemental, Amended and Third Party Complaint . Signed by Judge Jay C. Zainey on 7/26/06. (gbw, ) (Entered: 07/28/2006)
36 ORDER Status Conference set for 8/28/2006 10:00 AM before Judge Jay C. Zainey, in chambers . Signed by Judge Jay C. Zainey on 8/18/06.(blg, ) (Entered: 08/21/2006)
37 EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney Barry Gerharz to be substituted in place of Hector Linares by all plaintiffs. (Attachments: # 1 Proposed Order)(Rosenbaum, Jennifer) (Entered: 08/23/2006)
38 ORDER granting 37 Motion to Substitute Attorney. Added attorney Barry James Gerharz for Valdir Xavier, Sergio Oliveira, Edson Silva and Wanderson de Souza. Attorney Hector A. Linares terminated. Signed by Judge Jay C. Zainey on 8/24/06. (gec, ) (Entered: 08/25/2006)
40 Consent MOTION to seal names of FLSA opt−in plaintiffs. (Attachments: # 1 Memo of Law in Support# 2 Confidential Memo of Law in Support# 3 Notice of filing of sealing motion) (gbw, ) (Entered: 09/07/2006)
39 ORDER Status Conference set for 9/13/2006 11:00 AM in chambers. Signed by Judge Jay C. Zainey.(gbw, ) (Entered: 09/07/2006)
41 ORDER re consent motion to seal names of FLSA opt−in plaintiffs. (gbw, ) (Entered: 09/07/2006)
42 Joint MOTION to approve settlement of certain claims (Attachments: # 1 Exhibit A) (gbw, ) (Entered: 09/07/2006)
43 ORDER re joint motion to approve settlement of certain claims. (gbw, ) Attached image to document per Doc. #47 on 9/18/2006 (gbw, ). Modified on 9/18/2006 (gbw, ). (Entered: 09/07/2006)
44 Notice of filing consents to join FLSA Collective Action. (gbw, ) (Entered: 09/07/2006)
45 EXPARTE/CONSENT MOTION to enroll H. Carter Marshall as additional counsel of Record by Expro Services, Inc. (Attachments: # 1 Proposed Order)(Tully, Kevin) Modified on 9/14/2006 (gbw, ). (Entered: 09/13/2006)
47 Minute Entry for proceedings held before Judge Jay C. Zainey : Status Conference held on 9/13/2006; ORDERED that doc. 43 is unsealed Status Conference set for 11/16/2006 02:30 PM before Judge Jay C. Zainey. (ala) (Entered: 09/18/2006)
46 ANSWER to Supplemental &Amended Third Party Complaint with Jury Demand, RESTATED COUNTERCLAIM against Belfor USA Group Inc. by Third Party Defendant Expro Services, Inc..(Tully, Kevin) Modified on 9/15/2006 (gbw, ). Modified on 9/15/2006 (gbw, ). Modified on 3/21/2007 (gbw, ). (DOCUMENT STRICKEN PER DOC. #79) (Entered: 09/14/2006)
48 ORDER granting 45 Motion to Appear as additional counsel of record as to H. Carter Marshall for Expro Services Inc. Signed by Judge Jay C. Zainey on 9/14/06. (gbw, ) (Entered: 09/18/2006)
49 ANSWER to Restated Third−Party Counterclaim by Counter Defendant Belfor USA Group Inc..(gbw, ) (Entered: 09/25/2006)
50 Minute Entry for proceedings held before Judge Jay C. Zainey : Status Conference held on 11/16/2006. A follow−up Status Conference set for 1/18/2007 03:00 PM before Judge Jay C. Zainey. (cms, ) (Entered: 11/20/2006)
51 MOTION to Clarify September 7 Order by all plaintiffs. Motion Hearing set for 12/13/2006 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support # 2 Exhibit A, Notice# 3 Exhibit B, Email March 24# 4

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11/28/2006 11/30/2006
12/18/2006 12/19/2006 12/22/2006 12/22/2006 12/26/2006
12/27/2006
12/28/2006
01/09/2007 01/11/2007 01/17/2007 01/18/2007 01/19/2007 01/23/2007

Exhibit C, March 24# 5 Exhibit D, March 23# 6 Notice of Hearing # 7 Proposed Order)(Rosenbaum, Jennifer) Modified on 11/22/2006 (gbw, ). (Entered: 11/21/2006)
52 EXPARTE/CONSENT MOTION to Continue hearing date on motion to clarify 9/7/06 order by Belfor USA Group Inc.. (gbw, ) (Entered: 12/04/2006)
53 ORDER granting 52 Belfor's MOTION to continue hearing on 51 Plaintiffs' MOTION to Clarify September 7 Order. Motion to clarify 51 is continued &reset to 1/10/2007 09:00 AM. No oral argument; Motion to be discussed at the 1/18/07 status conference. Signed by Judge Jay C. Zainey on 11/29/06.(gbw, ) (Entered: 12/04/2006)
54 EXPARTE/CONSENT MOTION for Extension of Deadlines by Expro Services, Inc.. (Attachments: # 1 Proposed Order)(Peyton, Robert) (Entered: 12/18/2006)
55 ORDER re 54 Joint Motion to Extend Deadlines. Deadlines are suspended until the status conference scheduled for 1/18/07. Signed by Judge Jay C. Zainey on 12/19/06. (gbw, ) (Entered: 12/20/2006)
62 Notice of Filing Consents to join FLSA Collective Action (gbw, ) (Entered: 01/18/2007)
66 Joint MOTION to dismiss w/prej. (gbw, ) (Entered: 01/29/2007)
56 DEFICIENT MOTION for Leave to File Second Amended and Restated Third Party Complaint by Belfor USA Group Inc.. Motion Hearing set for 1/10/2007 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Exhibit A −− Second Amended Complaint# 2 Memorandum in Support # 3 Notice of Hearing # 4 Certificate of Counsel)(Griffith, Steven) Modified on 12/27/2006 (gbw, ). (Entered: 12/26/2006)
57 MOTION for Leave to File Second Amended and Restated Third Party Complaint by Belfor USA Group Inc.. Motion(s) referred to Daniel E. Knowles, III. Motion Hearing set for 1/17/2007 11:00 AM before Magistrate Judge Daniel E. Knowles III. (Attachments: # 1 Exhibit A −− Second Amended Complaint# 2 Memorandum in Support # 3 Notice of Hearing # 4 Certificate of Counsel)(Griffith, Steven) (Entered: 12/27/2006)
58 ORDER that Belfor USA Group, Inc.'s Motion for Leave to File Second Amendedand Restated Third Party Complaint 57 is SET FOR ORAL HEARING before the undersigned Magistrate Judge on Wednesday, January 17, 2007 at 11:00 AM. Signed by Judge Daniel E. Knowles III on 12/28/06.(ala, ) Modified on 1/5/2007 (bbc, ). (Entered: 12/28/2006)
59 OPPOSITION to Motion to clarify order of 9/7/06 (Attachments: # 1 Exhibit) (gbw, ) (Entered: 01/10/2007)
60 ORDER Setting/Resetting Oral Hearing on 57 MOTION for Leave to File Second Amended and Restated Third Party Complaint : Motion Hearing set for 1/24/2007 11:00 AM before Magistrate Judge Daniel E. Knowles III. Signed by Judge Daniel E. Knowles III on 1/10/07.(ala, ) (Entered: 01/11/2007)
61 EXPARTE/CONSENT MOTION to Withdraw as Attorney by Expro Services, Inc.. (Attachments: # 1 Memorandum in Support # 2 Proposed Order)(Peyton, Robert) Modified on 1/31/2007 (gbw, ). (Entered: 01/17/2007)
63 ORDER Setting/Resetting Oral Hearing on 57 MOTION for Leave to File Second Amended and Restated Third Party Complaint : Motion Hearing re−set for 2/14/2007 11:00 AM before Magistrate Judge Daniel E. Knowles III. Signed by Judge Daniel E. Knowles III on 1/18/07.(ala, ) (Entered: 01/18/2007)
64 ORDER Status Conference set for 1/18/07 is RESET for 1/25/2007 11:00 AM before Judge Jay C. Zainey.. Signed by Judge Jay C. Zainey.(gbw, ) (Entered: 01/20/2007)
65 EXPARTE/CONSENT MOTION for Leave to File Pls.' Reply to Def.'s Opp. to Pls.' Motion to Clarify by Valdir Xavier, Wanderson de Souza, Sergio Oliveira, Edson Silva. (Attachments: # 1 Proposed Order # 2 Exhibit A, Plaintiffs' Reply

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01/25/2007 01/25/2007 01/26/2007 01/29/2007 01/30/2007 01/31/2007 02/01/2007 02/22/2007 02/27/2007
03/02/2007 03/13/2007 03/19/2007 03/20/2007
04/02/2007

Brief)(Rosenbaum, Jennifer) (Entered: 01/23/2007)
67 ORDER granting joint motion to dismiss w/prej. (gbw, ) (Entered: 01/29/2007)
71 Minute Entry for proceedings held before Judge Jay C. Zainey : Status Conference held on 1/25/2007. 51 MOTION to Clarify filed by Valdir Xavier, Wanderson de Souza, Sergio Oliveira, Edson Silva is DENIED. (gbw, ) (Entered: 01/31/2007)
68 ORDER granting 65 Motion for Leave to File plaintiffs' reply to defendant's opposition to plaintiff's motion to clarify 9/7/06 order. Signed by Judge Jay C. Zainey on 1/25/07. (gbw, ) (Entered: 01/30/2007)
70 ORDER re 61 MOTION to Withdraw as Attorney : Counsel for third−party defendant Expro Services, Inc. shall appear in open court on 2/22/07 2:30 PM to address the motion to withdraw. A corporate officer from Expro Services, Inc. shall attend personally.. Signed by Judge Jay C. Zainey.(gbw, ) (Entered: 01/31/2007)
69 REPLY filed by all plaintiffs to defendant's opposition to plaintiffs' 51 MOTION to Clarify September 7 Order. (gbw, ) (Entered: 01/30/2007)
73 ORDER the Pre−trial Conference set for 2/15/07 11:00 AM is CANCELLED; Status Conference to select a new trial date is set for 2/22/2007 02:30 PM immediately following the hearing on the motion to withdraw. Signed by Judge Jay C. Zainey.(gbw, ) (Entered: 02/01/2007)
72 ORDER Setting/Resetting Oral Hearing on 57 MOTION for Leave to File Second Amended and Restated Third Party Complaint : Motion Hearing re−set for 3/7/2007 11:00 AM before Magistrate Judge Daniel E. Knowles III.. Signed by Judge Daniel E. Knowles III on 1/31/07.(ala, ) (Entered: 02/01/2007)
74 Minute Entry for proceedings held before Judge Jay C. Zainey : Motion Hearing held on 2/22/2007 re 61 MOTION to Withdraw as Attorney filed by Expro Services, Inc.; Motion granted. (Court Reporter Vic DiGiorgio.) (cms, ) (Entered: 02/26/2007)
75 ORDER granting 61 MOTION to Withdraw as Attorney filed by Expro Services, Inc. Expro Services Inc shall enroll licensed counsel by 3/20/07 for participation in a Scheduling Conference which is set for 3/20/2007 02:00 PM in open court.. Signed by Judge Jay C. Zainey on 2/26/07.(gbw, ) Modified on 2/27/2007 (gbw, ). (cert. mail: Expro Services, Inc.) Additional attachment(s) added on 2/28/2007 (gbw, ). (Entered: 02/27/2007)
76 ORDER Setting/Resetting Hearing on 57 MOTION for Leave to File Second Amended and Restated Third Party Complaint : Motion Hearing re−set for 4/4/2007 11:00 AM before Magistrate Judge Daniel E. Knowles III. Signed by Judge Daniel E. Knowles III on 3/2/07.(ala, ) (Entered: 03/02/2007)
77 ORDER Case consolidated with member case 06−7804. Signed by Judge Jay C. Zainey on 3/13/07.(gbw, ) (Entered: 03/19/2007)
78 FOURTH NOTICE by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima, Sergio Alho, Fabio Lima, Jose Duarte, Belfor USA Group, Inc. Of Consent to file suit under the FLSA. (Attachments: # 1 Exhibit Consent to Sue)(Reference: 06−7804)(Lurye, William) Modified on 3/20/2007 (gbw, ). (Entered: 03/19/2007)
79 Minute Entry for proceedings held before Judge Jay C. Zainey : Scheduling Conference held on 3/20/2007. ORDERED that the answers and counterclaims (Rec. Doc. #26 &46) filed by Expro Services Inc are STRICKEN &DISMISSED. FURTHER ORDERED that a scheduling conference be held before the Case Manager on 4/4/07 11:15 AM following a hearing before Magistrate Knowles. (Court Reporter Karen Ibos.) (Reference: 06−491, 06−7804)(gbw, ) (Entered: 03/21/2007)
80 DEFICIENT MOTION for a Declaration of Nullity by Belfor USA Group Inc.. Motion Hearing set for 4/18/2007 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Notice of Hearing # 2 Request for Oral Argument# 3 Memorandum in Support # 4 Exhibit "1")(Reference: 06−491)(Griffith, Steven) Modified on 4/3/2007 (gbw, ). (Entered: 04/02/2007)

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04/03/2007 04/03/2007 04/03/2007 04/04/2007 04/04/2007
04/04/2007 04/04/2007 04/05/2007 04/09/2007 04/12/2007 04/12/2007 04/12/2007 04/13/2007 04/14/2007
04/19/2007 04/20/2007

81 MOTION for a Declaration of Nullity by Belfor USA Group Inc.. Motion Hearing set for 4/18/2007 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Notice of Hearing # 2 Memorandum in Support # 3 Exhibit "1")(Reference: 06−491)(Griffith, Steven) (Entered: 04/03/2007)
82 Request/Statement of Oral Argument by Belfor USA Group Inc. regarding 81 MOTION for a Declaration of Nullity. (Reference: 06−491)(Griffith, Steven) (Entered: 04/03/2007)
83 NOTICE cancelling scheduling conference of 4/4/07. (Reference: 06−491, 06−7804) (jrc, ) Modified on 4/3/2007 (jrc, ). (Entered: 04/03/2007)
84 ORDER Setting/Resetting Hearing on 81 MOTION for a Declaration of Nullity : Motion Hearing continued to 5/16/2007 before Judge Jay C. Zainey.. Signed by Judge Jay C. Zainey.(Reference: all cases)(gbw, ) (Entered: 04/04/2007)
85 Minute Entry for proceedings held before Judge Daniel E. Knowles III: Motion Hearing held on 4/4/2007 re 57 MOTION for Leave to File Second Amended and Restated Third Party Complaint filed by Belfor USA Group Inc. − granted. Motion to Amend and Add Rule 23 Class Action State Law Wage Claims (Doc. #21 in Consol. Case No. 06−7804)− granted. (Reference: BOTH CASES)(car, ) (Entered: 04/05/2007)
86 2nd Amended THIRD PARTY COMPLAINT against Expro Services, Inc. filed by Belfor USA Group Inc..(Reference: ALL CASES)(car, ) (Entered: 04/05/2007)
87 2nd AMENDED COMPLAINT with Jury Demand against Belfor USA Group Inc. filed by all plaintiffs.(Reference: 06−7804)(car, ) (Entered: 04/05/2007)
89 ORDER that the pending Scheduling Conference before the case manager is cancelled. Status Conference set for 4/26/2007 10:30 AM before Judge Jay C. Zainey to discuss the CMO. Signed by Judge Jay C. Zainey.(Reference: all cases)(gbw, ) (Entered: 04/10/2007)
88 FIFTH NOTICE of consent to file suit under the Fair Labor Standard Act by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima, Sergio Alho, Fabio Lima . (Attachments: # 1 Exhibit)(Reference: 06−7804)(Lurye, William) Modified on 4/10/2007 (gbw, ). (Entered: 04/09/2007)
90 THIRD PARTY COMPLAINT against Guaranteed Fence &Gate, LLC filed by Belfor USA Group Inc. (WAIVER OF SERVICE) (Reference: 06−0491 c/w 06−7804)(Griffith, Steven) Modified on 4/13/2007 (gbw, ). (Entered: 04/12/2007)
91 THIRD PARTY COMPLAINT against Construction Management Services, USA, LLC. filed by Belfor USA Group Inc. (WAIVER OF SERVICE). (Reference: 06−0491 c/w 06−7804)(Griffith, Steven) Modified on 4/13/2007 (gbw, ). Modified on 4/13/2007 (gbw, ). Modified on 4/13/2007 (gbw, ). (Entered: 04/12/2007)
92 Correction of Docket Entry by Clerk re 91 Third Party Complaint, 90 Third Party Complaint. Document not deficient per case manager. (Reference: both cases)(gbw, ) (Entered: 04/13/2007)
94 Correction of Docket Entry by Clerk re 93 Notice (Other), Notice (Other). REMINDER: All pleadings must be in PDF before filing. Your attachment #1 − exhibit was not in PDF. Do not refile document. (Reference: 06−491)(gbw, ) (Entered: 04/16/2007)
93 SIXTH NOTICE by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima, Sergio Alho, Fabio Lima, Jose Duarte of Consent to Sue. (Attachments: # 1 Exhibit)(Reference: 06−7804)(Lurye, William) Corrected image to attachment added on 4/16/2007 (gbw, ). Modified on 4/16/2007 (gbw, ). Modified on 4/16/2007 (gbw, ). (Entered: 04/14/2007)
95 ORDER Status Conference set for 4/26/07 is RESET for 4/30/2007 10:00 AM in chambers. Signed by Judge Jay C. Zainey.(Reference: all cases)(gbw, ) (Entered: 04/19/2007)
96 WAIVER OF SERVICE Returned Executed; waiver sent to Guaranteed Fence &Gate, LLC on 4/12/2007, answer due 6/11/2007; Guaranteed Fence &Gate, LLC

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 67 of 108

04/23/2007 04/30/2007
05/01/2007 05/03/2007 05/04/2007 05/08/2007
05/10/2007 05/10/2007 05/16/2007 05/18/2007 05/18/2007 05/22/2007 05/29/2007

on 4/12/2007, answer due 6/11/2007. (Reference: 06−491 c/w 06−7804)(Griffith, Steven) (Entered: 04/20/2007)
97 EXPARTE/CONSENT Joint MOTION for Leave to File Case Management Order No. 1 by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima, Sergio Alho, Fabio Lima, Jose Duarte, Belfor USA Group, Inc.. (Attachments: # 1 Proposed Case Management Order)(Reference: 06−7804)(Griffith, Steven) Modified on 4/24/2007 (gbw, ). (Entered: 04/23/2007)
98 Minute Entry for proceedings held before Judge Jay C. Zainey : Status Conference held on 4/30/2007. 97 Joint MOTION for Leave to File Case Management Order No. 1 filed by Adan Gonzalez, Belfor USA Group, Inc., Vanda Lima, Sergio Alho, Jose Duarte, Fabio Lima, Orestes Daniel Obando is GRANTED as to the modified CMO. Follow−up Status Conference set for 8/14/2007 10:30 AM before Judge Jay C. Zainey. (Reference: all cases)(gbw, ) (Entered: 05/02/2007)
100 CASE MANAGEMENT ORDER NO. 1. Signed by Judge Jay C. Zainey on 4/30/07.(Reference: 06−7804)(gbw, ) Modified on 5/3/2007 (gbw, ). (Entered: 05/03/2007)
99 WAIVER OF SERVICE Returned Executed; waiver sent to Construction Management Services, USA, LLC on 4/12/2007, answer due 6/11/2007; Construction Management Services, USA, LLC on 4/12/2007, answer due 6/11/2007. (Reference: 06−491, 06−7804)(Griffith, Steven) Modified on 5/4/2007 (gbw, ). (Entered: 05/03/2007)
101 EXPARTE/CONSENT MOTION for Leave to File Plaintiffs Third Amended FLSA Collective And State Wage And Hour Class Action Complaint And Jury Demand by Orestes Daniel Obando, Vanda Lima, Sergio Alho, Fabio Lima, Jose Duarte. (Attachments: # 1 Proposed Pleading# 2 Proposed Order)(Reference: 06−7804)(Lurye, William) Modified on 5/7/2007 (gbw, ). (Entered: 05/04/2007)
102 RESPONSE/MEMORANDUM in Opposition filed by all plaintiffs re 81 MOTION for a Declaration of Nullity. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G, part 1# 8 Exhibit G, part 2# 9 Exhibit G, part 3# 10 Exhibit H# 11 Exhibit I# 12 Exhibit J# 13 Exhibit K# 14 Exhibit Attachment 1 to Ex. K)(Reference:06−491)(Rosenbaum, Jennifer) Corrected exhibits D, F, &H added on 5/9/2007 (cms, ). Modified on 5/9/2007 (cms, ). (Entered: 05/08/2007)
103 ORDER granting 101 Motion for Leave to File Plaintiffs Third Amended FLSA Collective And State Wage And Hour Class Action Complaint And Jury Demand. Signed by Judge Jay C. Zainey on 5/7/07. (Reference: 06−7804)(cab) (Entered: 05/10/2007)
104 Third AMENDED COMPLAINT with Jury Demand against Belfor USA Group Inc. filed by all plaintiffs.(Reference: 06−7804)(cab) (Entered: 05/10/2007)
105 EXPARTE/CONSENT MOTION for Leave to File Reply Brief by Belfor USA Group Inc.. (Attachments: # 1 Proposed Order # 2 Proposed Pleading Reply Brief# 3 Exhibit "A" to Reply Brief)(Reference: 06−0491)(Griffith, Steven) (Entered: 05/16/2007)
106 ORDER granting 105 Belfor's Motion for Leave to File reply brief in support of motion for declaration of nullity. Signed by Judge Jay C. Zainey on 5/17/07. (Reference: 06−491)(gbw, ) (Entered: 05/18/2007)
107 REPLY BRIEF in Support filed by Belfor USA Group Inc. re 81 MOTION for a Declaration of Nullity. (Attachments: # 1 Exhibit)(Reference: 06−491)(gbw, ) (Entered: 05/18/2007)
108 ORDER Setting Oral Argument on 81 MOTION for a Declaration of Nullity : Motion Hearing set for 6/27/2007 10:00 AM before Judge Jay C. Zainey. Signed by Judge Jay C. Zainey.(Reference: 06−491)(gec, ) (Entered: 05/22/2007)
109 EXPARTE/CONSENT MOTION for Leave to File Sur−Reply by Sergio Oliveira. (Attachments: # 1 Proposed Order # 2 Proposed Pleading Sur−Reply# 3 Exhibit A to Sur−Reply# 4 Exhibit B to Sur−Reply# 5 Exhibit C to Sur−Reply# 6 Exhibit D

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05/30/2007 05/30/2007 06/01/2007 06/01/2007 06/01/2007 06/12/2007
06/12/2007 06/12/2007 06/18/2007 06/22/2007 06/25/2007 06/25/2007 06/26/2007 06/26/2007

to Sur−Reply# 7 Exhibit E to Sur−Reply)(Reference: 06−491)(Rosenbaum, Jennifer) Modified on 5/30/2007 (gbw, ). (Entered: 05/29/2007)
110 Notice of filing consents to join FLSA Collective Action by plaintiffs (Attachments: # 1 FLSA Consent Forms Continued# 2 FLSA Consent Forms Continued) (Reference: 06−491)(gbw, ) (Entered: 05/30/2007)
111 ORDER granting 109 Plaintiffs' Motion for Leave to File sur−reply in opposition to defendant's motion for declaration of nullity. Signed by Judge Jay C. Zainey on 5/30/07. (Reference: 06−491)(gbw, ) (Entered: 06/01/2007)
112 SUR−REPLY in Opposition filed by all plaintiffs re 81 MOTION for a Declaration of Nullity. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Reference: 06−491)(gbw, ) (Entered: 06/01/2007)
113 MOTION to Dismiss pursuant to Rule 12(b)(6) FRCP by Belfor USA Group Inc.. Motion Hearing set for 7/25/2007 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support # 2 Notice of Hearing)(Reference: 06−7804)(Griffith, Steven) Modified on 6/4/2007 (gbw, ). (Entered: 06/01/2007)
114 MOTION to Dismiss Certain Claims and Demands by Belfor USA Group Inc.. Motion Hearing set for 7/25/2007 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support # 2 Notice of Hearing)(Reference: 06−7804)(Griffith, Steven) (Entered: 06/01/2007)
115 DEFICIENT Motion to Dismiss for Failure to Join an Indispensable Party, Affirmative Defenses and ANSWER to Third Party Complaint with Jury Demand, First COUNTERCLAIM against Belfor USA Group, Inc., Belfor USA Group, Inc., Belfor USA Group, Inc., Belfor USA Group Inc. by Guaranteed Fence &Gate, LLC.(Reference: 06−7804)(Wolfe, Scott) Modified on 6/13/2007 (gbw, ). (Entered: 06/12/2007)
116 NOTICE by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima, Sergio Alho, Fabio Lima, Jose Duarte of Consent to Sue. (Attachments: # 1 Exhibit Notice of Consent to Sue)(Reference: 06−7804)(Lurye, William) (Entered: 06/12/2007)
117 ANSWER to Third Party Complaint with Jury Demand by Construction Management Services, USA, LLC.(Reference: 06−491, 06−7804)(Whitehead, Jack) Modified on 6/13/2007 (gbw, ). (Entered: 06/12/2007)
118 ORDER TRANSFERRING CASE. Case transferred to Judge G. Thomas Porteous, Jr for all further proceedings. Judge Jay C. Zainey no longer assigned to case. Signed by Judge Jay C. Zainey on 6/15/07.(Reference: ALL CASES)(dmg, ) (Entered: 06/18/2007)
119 ORDER Status Conference set for 7/25/2007 11:00 AM before Judge G. Thomas Porteous Jr. Signed by Judge G. Thomas Porteous Jr. on 6/21/07.(Reference: ALL CASES)(dmg, ) (Entered: 06/22/2007)
120 ORDER: Scheduling Conference set for 7/10/2007 02:30 PM before courtroom deputy by telephone. Signed by Judge G. Thomas Porteous Jr..(Reference: All Cases)(cab) (Entered: 06/25/2007)
121 EXPARTE/CONSENT MOTION to Appear as Counsel of Record by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima, Sergio Alho, Fabio Lima, Jose Duarte. (Attachments: # 1 Proposed Order)(Reference: 06−7804)(Lurye, William) (Entered: 06/25/2007)
122 ANSWER to Third Party Complaint with Jury Demand by Guaranteed Fence &Gate, LLC &Counterclaim against Belfor USA Group, Inc.(Reference: 06−7804)(Wolfe, Scott) Modified on 6/28/2007 (dmg, ). (Entered: 06/26/2007)
123 MOTION to Dismiss Rule 12(B)(7) Failure to Join an Indispensable Party by Guaranteed Fence &Gate, LLC. Motion Hearing set for 8/8/2007 10:00 AM before Judge G. Thomas Porteous, Jr. (Attachments: # 1 Memorandum in Support # 2 Proposed Order # 3 Notice of Hearing # 4 Exhibit A# 5 Exhibit B# 6 Exhibit C# 7 Exhibit D# 8 Exhibit E# 9 Exhibit F)(Reference: 06−7804)(Wolfe, Scott) Modified on 6/28/2007 to correct motion hearing time (dmg, ). (Entered: 06/26/2007)

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06/28/2007
06/29/2007 06/29/2007 07/02/2007 07/05/2007 07/05/2007 07/11/2007 07/13/2007 07/13/2007 07/13/2007 07/16/2007 07/20/2007 07/20/2007
07/20/2007

124 Correction of Docket Entry by Clerk re 123 MOTION to Dismiss, 122 Answer to Third Party Complaint. Documents contain incorrect section and judge. All future pleadings must reflect Section T − Judge Porteous. Also motion to dismiss is noticed for hearing before wrong judge and wrong time. Motion is set for 8/8/07 at 10:00 am before Judge Porteous. No action necessary. (Reference: ALL CASES)(dmg, ) (Entered: 06/28/2007)
125 RESPONSE to Motion filed by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima, Sergio Alho, Fabio Lima, Jose Duarte re 113 MOTION to Dismiss. (Attachments: # 1 Exhibit)(Reference: 06−7804)(Lurye, William) Modified on 7/2/2007 (gec, ). (Entered: 06/29/2007)
126 RESPONSE to Motion filed by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima, Sergio Alho, Fabio Lima, Jose Duarte re 114 MOTION to Dismiss Certain Claims and Demands. (Reference: 06−7804)(Lurye, William) Modified on 7/2/2007 (gec, ). (Entered: 06/29/2007)
127 Correction of Docket Entry by Clerk re 125 Response to Motion, 126 Response to Motion. Filing attorney did not select Jose Duarte as a filer. Clerk added filer. (Reference: 06−7804)(gec, ) (Entered: 07/02/2007)
128 EXPARTE/CONSENT MOTION to Continue Scheduling Conference by Belfor USA Group, Inc.. (Attachments: # 1 Proposed Order To Continue Scheduling Conference)(Reference: 06−0491; 06−7804)(Griffith, Steven) Modified on 7/6/2007 (dmg, ). (Entered: 07/05/2007)
129 ORDER granting 121 Motion for Nancy Picard to Appear on behalf of plas' in C.A. #06−7804. Signed by Judge G. Thomas Porteous Jr. on 7/5/07. (Reference: 06−7804)(bbc, ) (Entered: 07/05/2007)
145 Minute Entry for proceedings held before Judge G. Thomas Porteous Jr.: Motion Hearing held on 7/11/2007 re 81 MOTION for a Declaration of Nullity filed by Belfor USA Group Inc.. ORDERED: Taken under submission. (Court Reporter Karen Anderson−Ibos.) (Reference: 06−491)(cms, ) Correct Image added on 7/26/2007 (cms, ). Modified on 7/26/2007 (cms, ). (Entered: 07/26/2007)
130 MOTION to Strike 125 Response to Motion to Dismiss by Belfor USA Group Inc.. Motion Hearing set for 9/5/2007 10:00 AM before Judge G. Thomas Porteous Jr.. (Attachments: # 1 Memorandum in Support # 2 Notice of Hearing)(Reference: 06−7804)(Griffith, Steven) (Entered: 07/13/2007)
131 Reply Memorandum filed by Belfor USA Group Inc. in Response to 113 MOTION to Dismiss. (Reference: 06−7804)(Griffith, Steven) Modified on 7/16/2007 (dmg, ). (Entered: 07/13/2007)
132 Reply Memorandum filed by Belfor USA Group Inc. to Response to 114 MOTION to Dismiss. (Reference: 06−7804)(Griffith, Steven) Modified on 7/16/2007 (dmg, ). (Entered: 07/13/2007)
133 Correction of Docket Entry by Clerk re 131 Supplemental Memorandum, 132 Supplemental Memorandum. Documents were incorrectly marked deficient. Leave of court was previously granted pursuant to Case Management Order. Deficiency removed. (Reference: 06−7804)(dmg, ) (Entered: 07/16/2007)
134 NOTICE by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima, Sergio Alho, Fabio Lima, Jose Duarte of Consent to Sue. (Attachments: # 1 Exhibit Consents to Sue)(Reference: 06−7804)(Picard, Nancy) (Entered: 07/20/2007)
135 EXPARTE/CONSENT MOTION for Leave to File Plaintiffs' Surreply to Defendant's Reply Memorandum (131) in Support of Its Motion to Dismiss (113) by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima, Sergio Alho, Fabio Lima, Jose Duarte. (Attachments: # 1 Proposed Pleading Plaintiffs' Surreply to Defendants Reply Memorandum (131) In Support of Its Motion to Dismiss (113)# 2 Proposed Order)(Reference: 06−7804)(Picard, Nancy) Modified on 7/23/2007 (car, ). (Entered: 07/20/2007)
137 Correction of Docket Entry by Clerk re 135 MOTION for Leave to File Plaintiffs' Surreply to Defendant's Reply Memorandum (131) in Support of Its Motion to

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07/22/2007 07/23/2007
07/23/2007
07/24/2007 07/24/2007 07/24/2007 07/24/2007
07/24/2007 07/26/2007 07/30/2007 07/31/2007 08/03/2007 08/03/2007 08/03/2007

Dismiss (113): Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the district judge. Clerk took corrective action (Reference: 06−7804)(car, ) (Entered: 07/23/2007)
136 EXPARTE/CONSENT Joint MOTION to Amend/Correct 43 September 6, 2006 Order by Valdir Xavier, Belfor USA Group Inc.. (Attachments: # 1 Proposed Order)(Reference: 06−491)(Griffith, Steven) Modified on 7/23/2007 (car, ). (Entered: 07/22/2007)
138 EXPARTE/CONSENT MOTION for Leave to File Surreply to Defendant's REply (Doc. 132) by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima, Sergio Alho, Fabio Lima, Jose Duarte. (Attachments: # 1 Proposed Pleading # 2 Proposed Order)(Reference: 06−7804)(Picard, Nancy) Modified on 7/24/2007 (blg, ). (Entered: 07/23/2007)
139 Correction of Docket Entry by Clerk re 138 MOTION for Leave to File Surreply to Defendant's REply (Doc. 132); Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the district judge. Clerk took corrective action. (Reference: 06−3799)(blg) (Entered: 07/24/2007)
140 ORDER granting 136 Joint Motion to Approve Settlement of Claims as set forth herein. Signed by Judge G. Thomas Porteous Jr. on 7/24/07. (Reference: 06−491)(bbc, ) (Entered: 07/24/2007)
141 ORDER granting 138 Motion for Leave to File Surreply to Defendant's Reply Memorandum (Doc. 132) in Support of Its Motion to Dismiss (Doc. 114). Signed by Judge G. Thomas Porteous Jr. on 7/24/07. (Reference: 06−7804)(bbc, ) (Entered: 07/24/2007)
142 RESPONSE to Motion filed by all plaintiffs re dft's 114 MOTION to Dismiss Certain Claims and Demands. (Reference: 06−8704)(bbc, ) (Entered: 07/24/2007)
143 EXPARTE/CONSENT MOTION for Leave to File Substitutes Surreply To Defendants Reply (Doc. 132) by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima, Sergio Alho, Fabio Lima, Jose Duarte. (Attachments: # 1 Proposed Pleading # 2 Proposed Order)(Reference: 06−7804)(Picard, Nancy) Modified on 7/25/2007 (dmg, ). (Entered: 07/24/2007)
144 Minute Entry for proceedings held before Judge G. Thomas Porteous Jr.: Status Conference held on 7/24/2007. Deadlines state forth as herein. (Reference: 06−491)(cms, ) (Entered: 07/26/2007)
146 EXPARTE/CONSENT MOTION to Withdraw William Lurye as Attorney by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima, Sergio Alho, Fabio Lima, Jose Duarte. (Attachments: # 1 Proposed Order)(Reference: 06−7804)(Lurye, William) (Entered: 07/26/2007)
147 ORDER granting 146 Motion to Withdraw as Attorney. Attorney William Lurye terminated. Signed by Judge G. Thomas Porteous Jr. on 7/30/07. (Reference: 06−7804)(dmg, ) (Entered: 07/31/2007)
148 EXPARTE/CONSENT MOTION for Extension of Deadlines for General FLSA Opt−in Period by Valdir Xavier, Wanderson de Souza, Sergio Oliveira, Edson Silva. (Attachments: # 1 Proposed Pleading)(Reference: 06−491)(Rosenbaum, Jennifer) (Entered: 07/31/2007)
149 ORDER granting 135 Motion for Leave to File Plaintiffs' Surreply to Defendant's Reply Memorandum (131) in Support of Its Motion to Dismiss (113). Signed by Judge G. Thomas Porteous Jr. on 8/3/07. (Reference: 06−7804)(cab) (Entered: 08/03/2007)
150 Surreply filed by all plaintiffs, in Support of 113 MOTION to Dismiss. (Reference: 06−7804)(cab) . (Entered: 08/03/2007)
151 EXPARTE/CONSENT MOTION for Leave to File Excess Pages by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima, Sergio Alho, Fabio Lima, Jose

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08/03/2007 08/03/2007 08/03/2007 08/03/2007
08/06/2007
08/16/2007
08/17/2007 08/21/2007 08/22/2007 08/24/2007 08/28/2007 08/31/2007 08/31/2007 09/04/2007 09/04/2007 09/05/2007

Duarte. (Attachments: # 1 Proposed Order # 2 Proposed Pleading Motion to Proceed as a Collective Action, For Tolling of the Statute of Limitations, For Court−Authorized Notice, and For Disclosure of the Names and Addresses of the Potential Opt−In Plaintiffs# 3 Proposed Pleading Memorandum in Support # 4 Exhibits 1−5 to Memo# 5 Exhibit 6 to Memo# 6 Exhibits 7 and 8 to Memo# 7 Proposed Pleading Notice of Hearing)(Reference: 06−7804)(Picard, Nancy) Modified on 8/6/2007 (dmg, ). (Entered: 08/03/2007)
153 ORDER granting 148 Motion for Extension of Deadlines. Signed by Judge G. Thomas Porteous Jr. on 8/2/07. (Reference: 06−491)(dmg, ) (Entered: 08/06/2007)
154 ORDER granting 143 Motion for Leave to File surreply. Signed by Judge G. Thomas Porteous Jr. on 8/3/07. (Reference: 06−7804)(dmg, ) (Entered: 08/06/2007)
155 SURREPLY MEMORANDUM filed by all plaintiffs re 114 MOTION to Dismiss Certain Claims and Demands. (Reference: 06−7804)(dmg, ) (Entered: 08/06/2007)
156 ORDER Setting/Resetting Oral Argument on 113 , 114 , 123 MOTIONS to Dismiss : Motion Hearing reset for 10/4/2007 10:00 AM before Judge G. Thomas Porteous Jr. Signed by Judge G. Thomas Porteous Jr. on 8/3/07.(Reference: BOTH CASES)(dmg, ) (Entered: 08/06/2007)
152 Correction of Docket Entry by Clerk re 151 MOTION for Leave to File Excess Pages. Attachments have duplicate descriptions. For attachment, select either a category OR enter a description, but not both since this results in duplicate text. Clerk took corrective action. (Reference: 06−7804)(dmg, ) (Entered: 08/06/2007)
157 EXPARTE/CONSENT Second MOTION for Extension of Deadlines by Valdir Xavier, Wanderson de Souza, Sergio Oliveira, Edson Silva. (Attachments: # 1 Proposed Order)(Reference: 06−00491)(Rosenbaum, Jennifer) (Entered: 08/16/2007)
158 ORDER granting 157 Motion for Extension of Deadlines. Signed by Judge G. Thomas Porteous Jr. on 8/17/07. (Reference: 06−491)(dmg, ) (Entered: 08/17/2007)
160 **SEALED DOCUMENT** Notice of Filing Consents to Join FLSA Collective Action (Reference: 06−491, 06−7804)(rew, ) (Entered: 08/30/2007)
161 **SEALED DOCUMENT** Notice of Filing Consents to Join FLSA Collective Action (Reference: 06−491, 06−7804)(rew, ) (Entered: 08/30/2007)
167 SEALED DOCUMENT: Pla's motion for leave to file notices of consent (Reference: 06−491)(dmg, ) (Entered: 09/06/2007)
159 RESPONSE to Motion filed by all plaintiffs re 130 MOTION to Strike 125 Response to Motion to Dismiss. (Reference: 06−7804)(Picard, Nancy) Modified on 8/29/2007 (dmg, ). (Entered: 08/28/2007)
162 EXPARTE/CONSENT MOTION to Appear as Counsel of Record [Adding Erin E. Pelleteri] by Belfor USA Group Inc.. (Attachments: # 1 Proposed Order)(Reference: 06−491 c/w 06−7804)(Griffith, Steven) (Entered: 08/31/2007)
163 EXPARTE/CONSENT MOTION to Withdraw Document re 81 MOTION for a Declaration of Nullity by Belfor USA Group Inc.. (Attachments: # 1 Proposed Order)(Reference: 06−491)(Griffith, Steven) (Entered: 08/31/2007)
164 ORDER granting 162 Motion to Appear as additional counsel. Signed by Judge G. Thomas Porteous Jr. on 9/4/2007. (Reference: 06−491, 06−7804)(cms, ) (Entered: 09/04/2007)
165 ORDER granting 163 Motion to Withdraw and withdrawing 81 Motion Declaration of Nullity. Signed by Judge G. Thomas Porteous Jr. on 9/3/2007. (Reference: 06−491, 06−7804)(cms, ) (Entered: 09/04/2007)
166 EXPARTE/CONSENT MOTION for Protective Order by Valdir Xavier, Wanderson de Souza, Sergio Oliveira, Edson Silva. Motion(s) referred to Daniel E. Knowles, III. (Attachments: # 1 certificate of service# 2 Proposed

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09/06/2007 09/06/2007 09/07/2007 09/20/2007 09/20/2007
09/20/2007
09/25/2007
09/27/2007 10/01/2007 10/05/2007 10/05/2007 10/10/2007 10/16/2007 10/19/2007

Order)(Reference: 06−491)(Rosenbaum, Jennifer) (Entered: 09/05/2007)
168 ORDER granting 166 Motion for Protective Order. Signed by Judge Daniel E. Knowles III. (Reference: 06−491)(car, ) (Entered: 09/06/2007)
169 THIRD PARTY COMPLAINT against Ticos Construction, L.L.C. filed by Belfor USA Group Inc..(Reference: 06−491 c/w 06−7804)(Griffith, Steven) Modified on 9/7/2007 (dmg, ). (Entered: 09/06/2007)
170 Correction of Docket Entry by Clerk re 169 Third Party Complaint. Document incorrectly marked 'Deficient'. An answer has not been filed yet on behalf of Belfor USA. (Reference: BOTH CASES)(dmg, ) (Entered: 09/07/2007)
171 ORDER granting 151 Motion for Leave to File Excess Pages. Signed by Judge G. Thomas Porteous Jr. on 9/20/07. (Reference: 06−7804)(bbc, ) (Entered: 09/21/2007)
172 MOTION to Proceed as a Collective Action, for Tolling of the Statute of Limitations, for Court−Authorized Notice, and for Disclosure of the Names and Addresses of the Potential Opt−In Plaintiffs by all plaintiffs. (Attachments: # 1 Memorandum in Support # 2 Exhibit 1−5# 3 Exhibit 6# 4 Exhibit 7−8)(Reference: 06−491, 06−7804)(rll, ) (Entered: 09/21/2007)
173 ORDER Resetting 10/4/07 Hearing on 113 MOTION to Dismiss filed by Belfor USA, 114 MOTION to Dismiss Certain Claims and Demands filed by Belfor USA &the 123 MOTION to Dismiss Rule 12(B)(7) Failure to Join an Indispensable Party filed by Guaranteed Fence &Gate, LLC Motion Hearing reset for 10/24/2007 10:00 AM before Judge G. Thomas Porteous Jr.. Signed by Judge G. Thomas Porteous Jr. on 9/20/07.(Reference: All cases)(bbc, ) (Entered: 09/21/2007)
174 ORDER Setting Hearing on 172 MOTION to Proceed as a Collective Action, for tolling of the Statute of Limitations, for Court−Authorized Notice, and for Disclosure of the Names and Addresses of the Potential Opt−In Plaintiffs : Motion Hearing set for 11/7/2007 10:00 AM before Judge G. Thomas Porteous Jr.. Signed by Judge G. Thomas Porteous Jr. on 9/21/07.(Reference: BOTH CASES)(tbl) (Entered: 09/25/2007)
175 ORDER granting pla's motion for leave to file notices of consent under seal. Signed by Judge G. Thomas Porteous Jr. on 9/26/07.(Reference: BOTH CASES)(dmg, ) (Entered: 09/27/2007)
176 EXPARTE/CONSENT MOTION for Leave to File Reply to Plaintiffs' Response to Belfor's Motion to Strike by Belfor USA Group Inc.. (Attachments: # 1 Proposed Order # 2 Reply to Plaintiffs' Response to Belfor's Motion to Strike)(Reference: 06−7804)(Griffith, Steven) (Entered: 10/01/2007)
177 ORDER granting 176 Motion for Leave to File Reply Memorandum to Plaintiffs' Response to Motion to Strike. Signed by Judge G. Thomas Porteous Jr. on 10/5/07. (Reference: 06−491, 06−7084)(tbl) (Entered: 10/05/2007)
178 REPLY by Belfor USA Group Inc. to Plaintiffs' Response re 130 MOTION to Strike 125 Response to Motion to Dismiss. (Reference: 06−7804)(tbl) (Entered: 10/05/2007)
179 WAIVER OF SERVICE Returned Executed; waiver sent to Ticos Construction, L.L.C. on 9/11/2007, answer due 11/13/2007; Ticos Construction, L.L.C. on 9/11/2007, answer due 11/13/2007. (Reference: ALL CASES)(Pelleteri, Erin) (Entered: 10/10/2007)
180 RESPONSE/MEMORANDUM in Opposition filed by Belfor USA Group Inc. re 123 MOTION to Dismiss Rule 12(B)(7) Failure to Join an Indispensable Party . (Reference: 06−491, 06−7804)(Pelleteri, Erin) Modified on 10/17/2007 to remove duplicate text. (gec, ). (Entered: 10/16/2007)
181 EXPARTE/CONSENT MOTION to Withdraw Document re 123 MOTION to Dismiss Rule 12(B)(7) Failure to Join an Indispensable Party by Guaranteed Fence &Gate, LLC. (Attachments: # 1 Proposed Order)(Reference: 06−7804)(Wolfe, Scott) Modified on 10/22/2007 (dmg, ). (Entered: 10/19/2007)

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10/22/2007
10/22/2007 10/24/2007 10/25/2007 10/25/2007 10/25/2007
10/25/2007 10/25/2007 11/06/2007 11/06/2007 11/06/2007 11/06/2007 11/20/2007

182 Correction of Docket Entry by Clerk re 181 Ex Parte MOTION to Withdraw Document re 123 MOTION to Dismiss. Documents contain incorrect section/judge. All future pleadings must reflect Section T − Judge Porteous. Also, in consolidated cases, attys are to reference under the case number on the document which case(s) that document applies to (ie. − REF: ALL CASES or REF: 06−7804 ONLY) (Reference: 06−7804)(dmg, ) (Entered: 10/22/2007)
183 ORDER that the 123 , 113 , 114 MOTIONS to Dismiss set for 10/24/07 be CONTINUED and will be reset for hearing. Signed by Judge G. Thomas Porteous Jr. on 10/22/07.(Reference: BOTH CASES)(dmg, ) (Entered: 10/22/2007)
184 EXPARTE/CONSENT MOTION for Entry of Default as to Expro Services, Inc. by Belfor USA Group Inc.. (Attachments: # 1 Proposed Order # 2 Affidavit)(Reference: all cases)(Griffith, Steven) Modified on 10/25/2007 (gec, ). (Entered: 10/24/2007)
185 Correction of Docket Entry by Clerk re 184 MOTION for Entry of Default as to Expro Services, Inc.. Filing attorney should have changed 'N' to 'Y' at the question 'Is this an Exparte/Consent Motion Y/N?' before clicking the Next button. Clerk modified docket text. (Reference: ALL CASES)(gec, ) (Entered: 10/25/2007)
186 ORDER terminating as moot 128 Motion to Continue. Signed by Judge G. Thomas Porteous Jr. on 10/25/07. (Reference: 06−0491; 06−7804)(gec, ) (Entered: 10/25/2007)
187 ORDER Setting/Resetting Hearing on 172 MOTION to Proceed as a Collective Action, for tolling of the Statute of Limitations, for Court−Authorized Notice, and for Disclosure of the Names and Addresses of the Potential Opt−In Plaintiffs : Motion Hearing set for 1/16/2008 10:00 AM before Judge G. Thomas Porteous Jr.. Signed by Judge G. Thomas Porteous Jr. on 10/24/07.(Reference: 06−491, 06−7804)(gec, ) (Entered: 10/25/2007)
188 ORDER Setting/Resetting Hearing on 113 MOTION to Dismiss, 114 MOTION to Dismiss Certain Claims and Demands : Motion Hearing set for 11/28/2007 11:00 AM before Judge G. Thomas Porteous Jr.. Signed by Judge G. Thomas Porteous Jr. on 10/24/07.(Reference: 06−7804)(gec, ) (Entered: 10/25/2007)
189 ORDER granting 181 Motion to Withdraw Motion to Dismiss and Cancel Hearing and 123 Motion to Dismiss for Failure to Join an Indispensable Party is terminated as MOOT. Signed by Judge G. Thomas Porteous Jr. on 10/25/07. (Reference: ALL CASES)(gec, ) (Entered: 10/25/2007)
190 Tico's Construction, LLC ANSWER to Third Party Complaint of Belfor USA, Inc., First COUNTERCLAIM against Belfor USA Group, Inc. by Ticos Construction, L.L.C..(Reference: 06−7804)(Tusa, Michael) (Entered: 11/06/2007)
191 MOTION to Consolidate Cases ("Guaranteed Fence and Gate, LLC v. Belfor USA Group, Inc." Civ. Action No. 07−6378, Sec. "T," Mag. Div. "3") by Belfor USA Group Inc.. Motion Hearing set for 11/28/2007 10:00 AM before Judge G. Thomas Porteous Jr.. (Attachments: # 1 Memorandum in Support # 2 Notice of Hearing)(Reference: all cases)(Pelleteri, Erin) (Entered: 11/06/2007)
192 MOTION to Consolidate Cases ("Construction Management Services USA, LLC v. Belfor USA Group, Inc." Civ. Action No. 07−4124, Sec. "T," Mag. Div. "1") by Belfor USA Group Inc.. Motion Hearing set for 11/28/2007 10:00 AM before Judge G. Thomas Porteous Jr.. (Attachments: # 1 Memorandum in Support # 2 Notice of Hearing)(Reference: all cases)(Pelleteri, Erin) (Entered: 11/06/2007)
193 MOTION to Consolidate Cases ("Construction Management Services USA, LLC v. Belfor USA Group, Inc." Civ. Action No. 07−4123, Sec. "T," Mag. Div. "1") by Belfor USA Group Inc.. Motion Hearing set for 11/28/2007 10:00 AM before Judge G. Thomas Porteous Jr.. (Attachments: # 1 Memorandum in Support # 2 Notice of Hearing)(Reference: all cases)(Pelleteri, Erin) (Entered: 11/06/2007)
194 Affirmative Defenses, ANSWER to Counterclaim by Tico's Construction by Belfor USA Group Inc..(Reference: All)(Pelleteri, Erin) (Entered: 11/20/2007)

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11/20/2007
11/20/2007 11/21/2007 11/26/2007 11/28/2007 11/28/2007 11/29/2007
11/29/2007 11/29/2007 11/30/2007 11/30/2007

195 RESPONSE/MEMORANDUM in Opposition filed by Construction Management Services, USA, LLC re 192 MOTION to Consolidate Cases ("Construction Management Services USA, LLC v. Belfor USA Group, Inc." Civ. Action No. 07−4124, Sec. "T," Mag. Div. "1") . (Attachments: # 1 Memorandum in Support to Opposition to Motion to Consolidate)(Reference: 07−4124 and 06−7804)(Whitehead, Jack) Modified on 11/21/2007 (dmg, ). (Entered: 11/20/2007)
196 RESPONSE/MEMORANDUM in Opposition filed by Construction Management Services, USA, LLC re 193 MOTION to Consolidate Cases ("Construction Management Services USA, LLC v. Belfor USA Group, Inc." Civ. Action No. 07−4123, Sec. "T," Mag. Div. "1") . (Attachments: # 1 Memorandum in Support to Motion to Consolidate (Reference: 07−4123 and 06−7804)(Whitehead, Jack) Modified on 11/21/2007 (dmg, ). (Entered: 11/20/2007)
197 ORDER Setting/Resetting Oral Argument on 113 , 114 MOTIONS to Dismiss : Motion Hearing reset for 1/16/2008 10:00 AM &172 Motion to Proceed as a Collective Action is reset for 3/5/08 at 10:00 AM before Judge G. Thomas Porteous Jr. Signed by Judge G. Thomas Porteous Jr. on 11/21/07.(Reference: ALL CASES)(dmg, ) (Entered: 11/21/2007)
198 ORDER granting in part and denying in part 130 Motion to Strike plas' opposition to the Motion to Dismiss. Signed by Judge G. Thomas Porteous Jr. on 11/26/07. (Reference: BOTH CASES)(dmg, ) (Entered: 11/27/2007)
199 EXPARTE MOTION for Leave to File Reply Memo in Support of Motion to Consolidate by Belfor USA Group Inc.. (Attachments: # 1 Proposed Pleading# 2 Proposed Order Proposed Order)(Reference: ALL)(Pelleteri, Erin) Modified on 11/29/2007 (cms, ). (Entered: 11/28/2007)
200 EXPARTE MOTION for Leave to File Reply Memo in Support of Motion to Consolidate by Belfor USA Group Inc.. (Attachments: # 1 Proposed Pleading# 2 Proposed Order Order)(Reference: ALL)(Pelleteri, Erin) Modified on 11/29/2007 (cms, ). (Entered: 11/28/2007)
201 Correction of Docket Entry by Clerk re 200 MOTION for Leave to File Reply Memo in Support of Motion to Consolidate, 199 MOTION for Leave to File Reply Memo in Support of Motion to Consolidate. Filing attorney should have changed 'N' to 'Y' at the question 'Is this an Exparte/Consent Motion Y/N?' before clicking the Next button. Clerk modified docket text to reflect 'Exparte'. Also, attachment has duplicate description. For attachment, select either a category OR enter a description, but not both since this results in duplicate docket text. Clerk took corrective action. (Reference: ALL CASES)(cms, ) (Entered: 11/29/2007)
202 EXPARTE/CONSENT First MOTION for Leave to File Memorandum in Opposition to Motion for Consolidation Filed by Belfor by Guaranteed Fence &Gate, LLC. (Attachments: # 1 Proposed Order)(Reference: all)(Wolfe, Scott) Proposed Pleading attachment(s) added on 11/30/2007 (dmg, ). Modified on 11/30/2007 (dmg, ). (Entered: 11/29/2007)
203 **ERROR: SHOULD HAVE BEEN ATTACHED TO DOC #202** RESPONSE/MEMORANDUM in Opposition filed by Guaranteed Fence &Gate, LLC re 191 MOTION to Consolidate Cases ("Guaranteed Fence and Gate, LLC v. Belfor USA Group, Inc." Civ. Action No. 07−6378, Sec. "T," Mag. Div. "3"). (Reference: ALL)(Wolfe, Scott) Modified on 11/30/2007 (dmg, ). (Entered: 11/29/2007)
204 Correction of Docket Entry by Clerk re 203 Response/Memorandum in Opposition to Motion. ERROR: Document should have been an attached as a proposed pleading to Doc #202. Leave has NOT been granted yet. Clerk added image to the motion. Also, document contains incorrect section/judge. All future pleadings must reflect Section T − Judge Porteous. (Reference: ALL CASES)(dmg, ) (Entered: 11/30/2007)
205 Correction of Docket Entry by Clerk re 202 First MOTION for Leave to File. Motion was incorrectly referred to the magistrate. Clerk removed referral. (Reference: ALL CASES)(dmg, ) (Entered: 11/30/2007)

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11/30/2007 11/30/2007 11/30/2007 11/30/2007 12/04/2007 12/04/2007 12/04/2007 12/13/2007 12/13/2007 12/14/2007 12/17/2007 12/17/2007
12/21/2007 01/14/2008 01/16/2008

206 ORDER granting 199 Motion for Leave to File reply. Signed by Judge G. Thomas Porteous Jr. on 11/30/07. (Reference: ALL CASES)(dmg, ) (Entered: 11/30/2007)
207 ORDER granting 200 Motion for Leave to File reply. Signed by Judge G. Thomas Porteous Jr. on 11/30/07. (Reference: ALL CASES)(dmg, ) (Entered: 11/30/2007)
208 REPLY to Response to Motion filed by Belfor USA Group Inc. re 192 MOTION to Consolidate Cases ("Construction Management Services USA, LLC v. Belfor USA Group, Inc." Civ. Action No. 07−4124, Sec. "T," Mag. Div. "1"). (Reference: ALL CASES)(dmg, ) (Entered: 11/30/2007)
209 REPLY to Response to Motion filed by Belfor USA Group Inc. re 193 MOTION to Consolidate Cases ("Construction Management Services USA, LLC v. Belfor USA Group, Inc." Civ. Action No. 07−4123, Sec. "T," Mag. Div. "1"). (Reference: ALL CASES)(dmg, ) (Entered: 11/30/2007)
210 NOTICE by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima, Sergio Alho, Fabio Lima, Jose Duarte Ninth Notice of Consent to File Suit Under the Fair Labor Standards Act. (Attachments: # 1 Exhibit 1)(Reference: 06−7804)(Picard, Nancy) (Entered: 12/04/2007)
211 ORDER granting 202 Motion for Leave to File. Signed by Judge G. Thomas Porteous Jr. on 12/4/07. (Reference: ALL CASES)(gec, ) (Entered: 12/04/2007)
212 RESPONSE/MEMORANDUM in Opposition filed by Guaranteed Fence &Gate, LLC re 192 MOTION to Consolidate Cases ("Construction Management Services USA, LLC v. Belfor USA Group, Inc." Civ. Action No. 07−4124, Sec. "T," Mag. Div. "1"). (Reference: ALL CASES)(gec, ) (Entered: 12/04/2007)
213 AFFIRMATIVE DEFENSES AND ANSWER to Counterclaim OF GUARANTEED FENCE &GATE by Belfor USA Group, Inc..(Reference: ALL)(Pelleteri, Erin) (Entered: 12/13/2007)
214 EXPARTE/CONSENT MOTION for Leave to File Reply to Opposition to Consolidate by Belfor USA Group Inc.. (Attachments: # 1 Proposed Order # 2 Proposed Pleading Reply to Opposition to Motion to Consolidate)(Reference: ALL)(Pelleteri, Erin) Modified on 12/14/2007 (gec, ). (Entered: 12/13/2007)
215 Correction of Docket Entry by Clerk re 214 MOTION for Leave to File Reply to Opposition to Consolidate. Filing attorney should have changed 'N' to 'Y' at the question 'Is this an Exparte/Consent Motion Y/N?' before clicking the Next button. Clerk modified docket text. (Reference: ALL CASES)(gec, ) (Entered: 12/14/2007)
216 ORDER granting 214 Motion for Leave to File Reply Memorandum in Support. Signed by Judge G. Thomas Porteous Jr. on 12/17/2007. (Reference: ALL CASES)(caa, ) (Entered: 12/17/2007)
217 REPLY to Response to Motion filed by Belfor USA Group Inc. re 193 MOTION to Consolidate Cases ("Construction Management Services USA, LLC v. Belfor USA Group, Inc." Civ. Action No. 07−4123, Sec. "T," Mag. Div. "1") MOTION to Consolidate Cases ("Construction Management Services USA, LLC v. Belfor USA Group, Inc." Civ. Action No. 07−4123, Sec. "T," Mag. Div. "1"). (Reference: ALL CASES)(caa, ) (Entered: 12/17/2007)
218 ORDER granting 184 Motion for Entry of Default as to Expro Services, Inc.. Signed by Clerk. (Reference: ALL CASES)(gec, ) Modified on 12/27/2007 (gec, ). (cc mailed to Expro Services, Inc.) (Entered: 12/27/2007)
219 NOTICE by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima, Sergio Alho, Fabio Lima, Jose Duarte Tenth Notice of Consent to File Suit Under the Fair Labor Standards Act. (Attachments: # 1 Exhibit 1)(Reference: 06−7804)(Picard, Nancy) (Entered: 01/14/2008)
220 Minute Order. Proceedings held before Judge G. Thomas Porteous Jr.: Motion Hearing held on 1/16/2008 re 113 MOTION to Dismiss and 114 MOTION to Dismiss Certain Claims and Demands; ORDERED submitted. (Court Reporter Karen Ibos.) (Reference: 06−7804)(gec, ) (Entered: 01/16/2008)

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01/23/2008 02/01/2008 02/01/2008 02/06/2008 02/13/2008
02/13/2008 02/13/2008 02/20/2008 03/05/2008
03/11/2008
03/12/2008 03/18/2008 03/25/2008 03/25/2008 03/25/2008 03/25/2008

221 ORDERED that hearing on 172 MOTION to Proceed as a Collective Action is continued without date. After a ruling on the Motions to Dismiss are made, either party may move to re−set the Motion. Signed by Judge G. Thomas Porteous Jr. on 1/22/2008.(Reference: ALL CASES)(gec, ) (Entered: 01/23/2008)
222 **SEALED DOCUMENT** NOTICE of Filing Consents to Join FLSA Collective Action. (Reference: 06−491)(gec, ) Corrected image attached on 2/6/2008 (gec, ). Modified on 2/6/2008 (gec, ). (Entered: 02/06/2008)
225 **SEALED DOCUMENT** MOTION to File Consents to Join FLSA Collective Action. (Reference: 06−491)(gec, ) (Entered: 02/15/2008)
223 **SEALED DOCUMENT** NOTICE of Filing Consents to Join FLSA Collective Action. (Reference: 06−491)(gec, ) (Entered: 02/06/2008)
224 Minute Entry for proceedings held before Judge G. Thomas Porteous Jr.: Telephone Status Conference held on 2/13/2008. ORDERED that 192 Motion to Consolidate Cases and 193 Motion to Consolidate Cases are DENIED. FURTHER ORDERED that Civil Actions 07−4123 and 07−4124 are consolidated into one action. FURTHER ORDERED that the Clerk of Court docket this Minute Entry in the following Civil Actions: 06−491; 07−4123 and 07−4124. (Reference: ALL CASES)(gec, ) (Entered: 02/14/2008)
226 **SEALED DOCUMENT** ORDER re Motion to File. (Reference: 06−491)(gec, ) (Entered: 02/15/2008)
227 **SEALED DOCUMENT** NOTICE of Filing Consents to Join FLSA Collective Action. (Reference: 06−491)(gec, ) (Entered: 02/15/2008)
228 ORDER denying 191 Motion to Consolidate Cases. Signed by Judge G. Thomas Porteous Jr. on 2/19/08. (Reference: ALL CASES)(gec, ) (Entered: 02/21/2008)
229 MOTION to Transfer Case by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima, Sergio Alho, Fabio Lima, Jose Duarte. Motion Hearing set for 3/26/2008 10:00 AM before Judge G. Thomas Porteous Jr.. (Attachments: # 1 Memorandum in Support # 2 Notice of Hearing)(Reference: 06−7804)(Picard, Nancy) (Entered: 03/05/2008)
230 MOTION to Sever Third Party and Cross Claim by Ticos Construction, L.L.C.. Motion Hearing set for 3/26/2008 10:00 AM before Judge G. Thomas Porteous Jr.. (Attachments: # 1 Memorandum in Support # 2 Notice of Hearing)(Reference: 06−7804)(Favret, Clarence) Modified on 3/11/2008 (gec, ). Modified on 3/12/2008 (gec, ). (Entered: 03/11/2008)
231 Correction of Docket Entry by Clerk re Notice of Deficient Filing re 230 MOTION to Sever Third Party and Cross Claim. Document no longer deemed deficient. (Reference: 06−7804)(gec, ) (Entered: 03/12/2008)
232 MEMORANDUM filed by Ticos Construction, L.L.C. re 229 MOTION to Transfer Case Opposition Memorandum. (Reference: 06−7804)(Favret, Clarence) (Entered: 03/18/2008)
233 EXPARTE/CONSENT MOTION to Appear as Counsel of Record by Ticos Construction, L.L.C., Ticos Construction, L.L.C., Ticos Construction, L.L.C.. (Attachments: # 1 Proposed Order)(Reference: 06−7804)(Favret, Clarence) (Entered: 03/25/2008)
234 RESPONSE/MEMORANDUM in Opposition filed by Belfor USA Group Inc. re 229 MOTION to Transfer Case filed by Plaintiffs. (Reference: 06−7804)(Griffith, Steven) (Entered: 03/25/2008)
235 Request/Statement of Oral Argument by Belfor USA Group Inc. regarding 229 MOTION to Transfer Case. (Reference: 06−7804)(Griffith, Steven) (Entered: 03/25/2008)
236 RESPONSE/MEMORANDUM in Opposition filed by Belfor USA Group Inc. re 230 MOTION to Sever Third Party and Cross Claim filed by Ticos Construction, L.L.C.. (Reference: 06−7804)(Griffith, Steven) (Entered: 03/25/2008)

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03/25/2008 03/26/2008 03/28/2008 03/31/2008
04/04/2008 04/11/2008 04/14/2008 04/14/2008 04/18/2008 04/21/2008 04/22/2008 04/22/2008 04/23/2008

237 Request/Statement of Oral Argument by Belfor USA Group Inc. regarding 230 MOTION to Sever Third Party and Cross Claim. (Reference: 06−7804)(Griffith, Steven) (Entered: 03/25/2008)
238 ORDER granting 233 Motion to Appear as Counsel of Record as to Brad P. Scott. Signed by Judge G. Thomas Porteous Jr. on 3/25/08. (Reference: 06−7804)(gec, ) (Entered: 03/26/2008)
239 ORDERED that oral argument on 230 MOTION to Sever and 229 MOTION to Transfer are re−set for 4/23/2008 10:00 AM. Signed by Judge G. Thomas Porteous Jr. on 3/28/08.(Reference: ALL CASES)(gec, ) (Entered: 03/28/2008)
240 ORDER granting in part and denying in part defendant's 113 MOTION to Dismiss. Motion is GRANTED as to the state law class action claims, dismissing these claims with prejudice. Motion is DENIED as to the FLSA claims. FURTHER ORDERED that defendant's 114 MOTION to Dismiss Certain Claims is DENIED as MOOT. FURTHER ORDERED that the parties set the pending Motion for Conditional Certification for hearing within the next 30 days. FURTHER ORDERED that 229 MOTION to Transfer and 230 MOTION to Sever are continued to be re−set after the hearing on the Motion for Collective Class Certification. Signed by Judge G. Thomas Porteous Jr. on 3/31/08.(Reference: ALL CASES)(gec, ) (Entered: 03/31/2008)
241 ORDER TRANSFERRING CASE. Case transferred to Judge Jay C. Zainey for all further proceedings. Judge G. Thomas Porteous, Jr no longer assigned to case. Signed by Judge Helen G. Berrigan on 4/1/08.(Reference: ALL CASES)(gec, ) (Entered: 04/04/2008)
242 ORDER re 172 MOTION to Proceed as a Collective Action. Motion Hearing set for 5/21/2008 without oral argument before Judge Jay C. Zainey.. Signed by Judge Jay C. Zainey on 4/11/08.(Reference: 06−491, 06−7084)(gbw, ) (Entered: 04/11/2008)
243 MOTION for Reconsideration re 240 Order and Reasons by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima, Sergio Alho, Fabio Lima, Jose Duarte. Motion Hearing set for 4/30/2008 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support # 2 Notice of Hearing)(Reference: 06−7804)(Picard, Nancy) Modified on 4/15/2008 (gbw, ). (Entered: 04/14/2008)
244 NOTICE of withdrawal of FLSA Opt−ins by Valdir Xavier, Wanderson de Souza, Sergio Oliveira, Edson Silva. (Reference: 06−0491)(Rosenbaum, Jennifer) Modified text on 4/15/2008 (gbw, ). (Entered: 04/14/2008)
245 OBJECTIONS by Belfor USA Group Inc. re 244 Notice (Other). (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit b1)(Reference: 06−491)(Pelleteri, Erin) (Entered: 04/18/2008)
246 EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney Hector Linares to be substituted in place of Barry Gerharz by Valdir Xavier, Wanderson de Souza, Sergio Oliveira, Edson Silva. (Attachments: # 1 Proposed Order)(Reference: 06−0491)(Rosenbaum, Jennifer) Modified text on 4/22/2008 (gbw, ). (Entered: 04/21/2008)
247 Correction of Docket Entry by Clerk re 246 MOTION to Substitute Attorney. Attorney Hector Linares to be substituted in place of Barry Gerharz. Attachment 'Proposed Order'has duplicate description. For attachment, select either a category OR enter a description, but not both since this results in duplicate docket text. Clerk took corrective action. (Reference: 06−491)(gbw, ) (Entered: 04/22/2008)
248 RESPONSE/MEMORANDUM in Opposition filed by Belfor USA Group Inc. re 243 MOTION for Reconsideration re 240 Order. (Reference: 06−7804)(Pelleteri, Erin) Modified text on 4/22/2008 (gbw, ). (Entered: 04/22/2008)
249 ORDER granting 246 Motion to Substitute Attorney. Added attorney Hector A. Linares for Valdir Xavier and Wanderson de Souza. Attorney Barry James Gerharz terminated. Signed by Judge Jay C. Zainey on 4/22/08. (Reference: 06−491)(gbw, ) (Entered: 04/23/2008)

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04/28/2008 04/29/2008 04/29/2008 04/29/2008
04/29/2008 04/30/2008 04/30/2008
05/01/2008 05/01/2008 05/01/2008 05/02/2008 05/02/2008 05/05/2008 05/05/2008

250 EXPARTE/CONSENT MOTION to Amend/Correct Notice of Hearing on Plaintiffs' Motion to Enforce Settlement by Valdir Xavier, Wanderson de Souza, Sergio Oliveira, Edson Silva. (Attachments: # 1 Proposed Pleading # 2 Proposed Order)(Reference: 06−491)(Rosenbaum, Jennifer) Modified on 4/29/2008 (gec, ). (Entered: 04/28/2008)
251 Correction of Docket Entry by Clerk re 250 MOTION to Amend/Correct Notice of Hearing on Plaintiffs' Motion to Enforce Settlement. Filing attorney did not select category 'Proposed Pleading' when attaching document for which leave to file is being requested. Clerk took corrective action. (Reference: 06−491)(gec, ) (Entered: 04/29/2008)
252 Correction of Docket Entry by Clerk re 250 MOTION to Amend/Correct Notice of Hearing on Plaintiffs' Motion to Enforce Settlement. Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the district judge. Clerk took corrective action. (Reference: 06−491)(gec, ) (Entered: 04/29/2008)
253 ERROR: DOCKETED AS SEPARATE DOCUMENT. RESPONSE/MEMORANDUM in Support filed by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima, Sergio Alho, Fabio Lima, Jose Duarte re 229 MOTION to Transfer Case. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Reference: 06−7804)(Picard, Nancy) Additional attachment(s) added on 4/30/2008 (gbw, ). Modified on 4/30/2008 (gbw, ). (Entered: 04/29/2008)
254 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Plaintiffs' Motion to Transfer Action by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima, Sergio Alho, Fabio Lima, Jose Duarte. (Attachments: # 1 Proposed Order)(Reference: 06−7804)(Picard, Nancy) Proposed pleading added on 4/30/2008 (gbw, ). Modified on 4/30/2008 (gbw, ). (Entered: 04/29/2008)
255 Correction of Docket Entry by Clerk re 253 Response/Memorandum in Support of Motion. Document was incorrectly filed as a separate document instead of an attachment to document 254. Clerk took corrective action. No further action is needed. (Reference: 06−491)(gbw, ) (Entered: 04/30/2008)
256 Correction of Docket Entry by Clerk re 254 MOTION for Leave to File Reply Memorandum in Support of Plaintiffs' Motion to Transfer Action. Document was incorrectly filed as a separate document #253 instead of an attachment to this document. Clerk took corrective action by adding reply memo and exhibits as attachments. No further action is needed. (Reference: 06−491)(gbw, ) (Entered: 04/30/2008)
257 MOTION for FRCP 41 Voluntary Dismissal of FLSA Claims of Juan Alfaro. (gbw, ) (Entered: 05/02/2008)
258 MOTION to enforce the Court's 9/7/06 order. (gbw, ) (Entered: 05/02/2008)
267 MOTION to expedite hearings on MOTION to voluntarily dismiss the FLSA claims of Juan Alfaro and MOTION to enforce settlement. (gbw, ) (Entered: 05/08/2008)
259 Response/Reply by Belfor USA Group Inc. in Opposition to Motion to Expedite Hearings (filed under seal on May 1, 2008). (Reference: 06−0491)(Pelleteri, Erin) (Entered: 05/02/2008)
260 DEFICIENT. MOTION to Unseal Motion to Enforce Settlement [R. Doc. No. 258] by Belfor USA Group Inc.. (Attachments: # 1 Memorandum in Support)(Reference: 06−0491)(Pelleteri, Erin) Modified on 5/2/2008 (gbw, ). (Entered: 05/02/2008)
261 DEFICIENT. NOTICE of Hearing on Motion filed by Belfor USA Group Inc. re 260 MOTION to Unseal Motion to Enforce Settlement [R. Doc. No. 258]. Motion Hearing set for 5/28/2008 09:00 AM before Judge Jay C. Zainey. (Reference: 06−7804)(Pelleteri, Erin) Modified on 5/5/2008 (gbw, ). (Entered: 05/05/2008)
262 MOTION Unseal Motion to Enforce Settlement by Belfor USA Group Inc.. Motion Hearing set for 5/28/2008 09:00 AM before Judge Jay C. Zainey.

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05/06/2008 05/06/2008 05/06/2008
05/06/2008 05/09/2008 05/09/2008 05/09/2008 05/12/2008
05/14/2008 05/14/2008
05/14/2008 05/15/2008

(Attachments: # 1 Memorandum in Support # 2 Notice of Hearing)(Reference: 06−0491)(Pelleteri, Erin) (Entered: 05/05/2008)
263 DEFICIENT. MOTION to Continue Plaintiffs' Motion to Enforce Settlement by Belfor USA Group Inc.. Motion Hearing set for 5/28/2008 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Notice of Hearing)(Reference: 06−491)(Pelleteri, Erin) Modified on 5/7/2008 (gbw, ). (Entered: 05/06/2008)
264 EXPARTE/CONSENT MOTION to Expedite Motion to Continue Plaintiffs' Motion to Enforce Settlement by Belfor USA Group Inc.. (Attachments: # 1 Proposed Order)(Reference: 06−491)(Pelleteri, Erin) (Entered: 05/06/2008)
265 MOTION to Strike Affidavits re 172 MOTION to Proceed as a Collective Action, for tolling of the Statute of Limitations, for Court−Authorized Notice, and for Disclosure of the Names and Addresses of the Potential Opt−In Plaintiffs by Belfor USA Group Inc.. Motion Hearing set for 5/28/2008 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support # 2 Notice of Hearing # 3 Exhibit 1# 4 Exhibit 2 (Part 1 of 3)# 5 Exhibit 2 (Part 2 of 3)# 6 Exhibit 2 (Part 3 of 3))(Reference: 06−7804)(Pelleteri, Erin) Modified text on 5/7/2008 (gbw, ). (Entered: 05/06/2008)
266 EXPARTE/CONSENT MOTION to Expedite Hearing on Motion to Strike Affidavits by Belfor USA Group Inc.. (Attachments: # 1 Proposed Order)(Reference: 06−7804)(Pelleteri, Erin) (Entered: 05/06/2008)
268 MOTION to Continue by Belfor USA Group Inc.. Motion Hearing set for 5/28/2008 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support # 2 Notice of Hearing)(Reference: 06−0491)(Pelleteri, Erin) (Entered: 05/09/2008)
269 ORDER denying 267 Motion For Expedited Consideration of 257 Motion to Enforce Settlement and 258 Motion for Rule 41 Dismissal; ORDER Setting Hearing on 244 Notice of Withdrawal of FLSA Opt−In, Hearing set for 5/28/2008 before Judge Jay C. Zainey on the briefs. Signed by Judge Jay C. Zainey on 5/8/08.(Reference: 06−491, 06−7804)(jrc, ) (Entered: 05/09/2008)
270 MOTION for FRCP 41 Voluntary Dismissal of FLSA Claims of James C. Stacks. (gbw, ) (Entered: 05/12/2008)
271 ORDER granting 264 MOTION to Expedite Motion to Continue Plaintiffs' Motion to Enforce Settlement filed by Belfor USA Group Inc.. 268 MOTION to Continue will be heard without oral argument on 5/16/08 10:00 AM. Opposition due 5/14/08 4:00 PM.; ORDER granting 266 MOTION to Expedite Hearing on Motion to Strike Affidavits filed by Belfor USA Group Inc.. The 265 MOTION to Strike will be heard on 5/21/08 10:00 AM without oral argument. Opposition due 5/14/08 4:00 PM. Signed by Judge Jay C. Zainey on 5/9/08.(Reference: 06−491, 06−7084)(gbw, ) (Entered: 05/12/2008)
272 RESPONSE/MEMORANDUM in Opposition filed by Valdir Xavier, Wanderson de Souza, Sergio Oliveira, Edson Silva re 262 MOTION Unseal Motion to Enforce Settlement. (Attachments: # 1 Exhibit # 2 Certificate of Service)(Reference: 06−491)(Rosenbaum, Jennifer) (Entered: 05/14/2008)
273 EXPARTE/CONSENT MOTION for Leave to File Excess Pages for Opposition to Motion to Certify by Belfor USA Group Inc.. (Attachments: # 1 Proposed Order # 2 Proposed Pleading Opposition to Motion to Certify# 3 Exhibit A to Opposition# 4 Exhibit B to Opposition# 5 Exhibits C,D,E − Notice of Manual Attachment)(Reference: 06−7804)(Griffith, Steven) Modified on 6/20/2008 (gbw, ). (Entered: 05/14/2008)
274 Request/Statement of Oral Argument by Belfor USA Group Inc. regarding 172 MOTION to Proceed as a Collective Action, for tolling of the Statute of Limitations, for Court−Authorized Notice, and for Disclosure of the Names and Addresses of the Potential Opt−In Plaintiffs. (Attachments: # 1 Proposed Order)(Reference: 06−7804)(Griffith, Steven) (Entered: 05/14/2008)
275 RESPONSE in Opposition by Plaintiffs to Belfor's Motion to continue hearing on Plaintiffs' Motion to enforce settlement. (gbw, ) (Entered: 05/15/2008)

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05/15/2008 05/15/2008 05/15/2008 05/16/2008 05/16/2008
05/16/2008 05/16/2008 05/16/2008 05/16/2008
05/19/2008 05/20/2008
05/20/2008 05/20/2008 05/21/2008 05/21/2008

276 MOTION for FRCP 41 Voluntary Dismissal of FLSA Claims of Mike Hamilton. (gbw, ) (Entered: 05/15/2008)
279 MOTION to File Under Seal Certain exhibits to Opposition to Motion to Proceed as Collective Action by Belfor USA Group Inc.. (Reference: 06−7804)(jrc, ) (Entered: 05/16/2008)
281 CONSENT MOTION to File Consents to Join FLSA Collective Action under seal by all plaintiffs. (Reference: 06−491)(jrc, ) (Entered: 05/16/2008)
277 ORDER granting 273 Motion for Leave to File Excess Pages. Signed by Judge Jay C. Zainey on 5/16/08. (Reference: 06−7804)(gec, ) (Entered: 05/16/2008)
278 RESPONSE/MEMORANDUM in Opposition filed by Belfor USA Group Inc. re 172 MOTION to Proceed as a Collective Action, for tolling of the Statute of Limitations, for Court−Authorized Notice, and for Disclosure of the Names and Addresses of the Potential Opt−In Plaintiffs. (Attachments: # 1 A# 2 Exhibit B# 3 Exhibit C − E)(Reference: 06−7804)(gec, ) (Additional attachment(s) added on 7/22/2011: # 4 sealed exhibits) (jrc, ). (Entered: 05/16/2008)
280 ORDER granting 279 Motion to Seal exhibits "C", "D" and "E" to Opposition to Motion to Proceed as Collective Action. Signed by Judge Jay C. Zainey. (Reference: 06−7804)(jrc, ) (Entered: 05/16/2008)
282 ORDER granting 281 Motion to File Consents to Join FLSA Collective Action under seal. Signed by Judge Jay C. Zainey. (Reference: 06−491)(jrc, ) (Entered: 05/16/2008)
283 Notice of Filing of Consents to Join FLSA Collective Action. (Reference: 06−491)(jrc, ) (Entered: 05/16/2008)
284 RESPONSE/MEMORANDUM in Opposition filed by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima, Sergio Alho, Fabio Lima, Jose Duarte re 265 MOTION to Strike 172 MOTION to Proceed as a Collective Action, for tolling of the Statute of Limitations, for Court−Authorized Notice, and for Disclosure of the Names and Addresses of the Potential Opt−In Plaintiffs . (Attachments: # 1 Exhibit A# 2 Exhibit B, pp. 1−24# 3 Exhibit B, pp. 25−50# 4 Exhibit B, pp. 51−82# 5 Exhibit C)(Reference: 06−7804)(Picard, Nancy) Modified on 5/19/2008 to remove duplicate docket text. (gec, ). (Entered: 05/16/2008)
285 ORDER denying 274 Request/Statement of Oral Argument, filed by Belfor USA Group Inc.. Signed by Judge Jay C. Zainey.(Reference: 06−7804)(jrc, ) (Entered: 05/19/2008)
286 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum to Belfor's Opposition to Plaintiffs' Motion to Proceed as a Collective Action by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima, Sergio Alho, Fabio Lima, Jose Duarte. (Attachments: # 1 Proposed Pleading, # 2 Exhibit 1, # 3 Exhibits 2−5, # 4 Exhibit 6, # 5 Exhibits 7−9, # 6 Exhibit 10, part 1, # 7 Exhibit 10, part 2, # 8 Exhibits 11−13, # 9 Proposed Order)(Reference: 06−7804)(Picard, Nancy) (Entered: 05/20/2008)
287 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Strike by Belfor USA Group Inc.. (Attachments: # 1 Proposed Order for Motion for Leave to File Reply, # 2 Proposed Pleading)(Reference: 06−7804)(Griffith, Steven) (Entered: 05/20/2008)
288 Response/Reply by Belfor USA Group Inc. to 258 Sealed Document (Reference: 06−491)(Griffith, Steven) (Entered: 05/20/2008)
289 ERROR: WRONG EVENT SELECTED. Memorandum by Belfor USA Group Inc. in Opposition to Motion for Voluntary Dismissal of FLSA Claims of Juan Alfaro (Reference: 06−491)(Pelleteri, Erin) Modified on 5/22/2008 (gbw, ). (Entered: 05/21/2008)
290 Opposition by Belfor USA Group Inc. re 270 Motion to Dismiss FLSA Claims of James C. Stacks. (Reference: 06−491)(Pelleteri, Erin) Modified on 5/22/2008 (gbw, ). (Entered: 05/21/2008)

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05/21/2008 05/21/2008 05/21/2008
05/21/2008 05/22/2008 05/23/2008 05/23/2008
05/23/2008 05/23/2008 05/23/2008 05/23/2008 05/28/2008
05/28/2008
05/28/2008 05/28/2008

291 ORDER granting 254 Motion for Leave to File reply memo in support of motion to transfer action. Signed by Judge Jay C. Zainey on 5/20/08. (Reference: 06−491, 06−7804)(gbw, ) (Entered: 05/21/2008)
292 REPLY MEMORANDUM in Support filed by all plaintiffs re 229 MOTION to Transfer Case. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Reference: 06−491)(gbw, ) (Entered: 05/21/2008)
293 EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Motion to Continue by Belfor USA Group Inc.. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F)(Reference: 06−491)(Pelleteri, Erin) (Entered: 05/21/2008)
295 Opposition by Belfor USA Group Inc. re 257 MOTION for FRCP 41 Voluntary Dismissal of FLSA Claims of Juan Alfaro (Reference: 06−491)(gbw, ) Modified on 5/22/2008 (gbw, ). (Entered: 05/22/2008)
294 Correction of Docket Entry by Clerk re 289 Memorandum. Filing attorney selected incorrect event. Correct event is 'memorandum' or 'objection' since this motion is termed. Clerk took corrective action by re−docketing the event. (Reference: 06−491)(gbw, ) (Entered: 05/22/2008)
296 ORDER granting 286 Motion for Leave to File reply memo to Belfor's opposition to plaintiffs' motion to proceed as a collective action. Signed by Judge Jay C. Zainey on 5/21/08. (Reference: 06−491)(gbw, ) (Entered: 05/23/2008)
297 REPLY to Response to Motion filed by all plaintiffs re 172 MOTION to Proceed as a Collective Action, for tolling of the Statute of Limitations, for Court−Authorized Notice, and for Disclosure of the Names and Addresses of the Potential Opt−In Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2−5, # 3 Exhibit 6, # 4 Exhibit 7−9, # 5 Exhibit 10−1, # 6 Exhibit 10−2, # 7 Exhibit 11−13)(Reference: 06−7804)(gbw, ) (Entered: 05/23/2008)
298 ORDER granting 287 Motion for Leave to File reply memo in support of Belfor's motion to strike. Signed by Judge Jay C. Zainey on 5/21/08. (Reference: 07−7804)(gbw, ) (Entered: 05/23/2008)
299 REPLY MEMORANDUM in Support filed by Belfor USA Group Inc. re 265 MOTION to Strike Affidavits (Reference: 06−7804)(gbw, ) (Entered: 05/23/2008)
300 ORDER granting 293 Motion for Leave to File reply memo in support of motion to continue. Signed by Judge Jay C. Zainey on 5/22/08. (Reference: 06−491)(gbw, ) (Entered: 05/23/2008)
301 REPLY in Support filed by Belfor USA Group Inc. re 268 MOTION to Continue. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Reference: 06−491)(gbw, ) (Entered: 05/23/2008)
302 EXPARTE/CONSENT MOTION for Leave to File Opposition to Defendant Belfor's Opposition to Plaintiffs' Motion for Voluntary Dismissal of Claims fo Mr. Juan Alfaro Without Prejudice by Valdir Xavier, Wanderson de Souza, Sergio Oliveira, Edson Silva. (Attachments: # 1 Proposed Pleading, # 2 Proposed Order)(Reference: 06−491)(Rosenbaum, Jennifer) (Entered: 05/28/2008)
303 EXPARTE/CONSENT MOTION for Leave to File Reply in Opposition to Defendant Belfor's Opposition to Plaintiffs' Motion for Voluntary Dismissal of Claims of Mr. James C. Stacks Without Prejudice by Valdir Xavier, Wanderson de Souza, Sergio Oliveira, Edson Silva. (Attachments: # 1 Proposed Pleading, # 2 Proposed Order)(Reference: 06−491)(Rosenbaum, Jennifer) (Entered: 05/28/2008)
304 NOTICE of Change of Address by Jennifer Rosenbaum on behalf of Valdir Xavier, Wanderson de Souza, Sergio Oliveira, Edson Silva. (Reference: 06−491)(Rosenbaum, Jennifer) (Entered: 05/28/2008)
305 DEFICIENT. EXPARTE/CONSENT MOTION for Leave to File Pls.' Response to Belfor's Reply to Plaintiffs' Opposition to Belfor's Motion to Continue by Valdir Xavier, Wanderson de Souza, Sergio Oliveira, Edson Silva. (Attachments: # 1 Proposed Pleading, # 2 Proposed Order)(Reference: 06−491)(Rosenbaum,

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05/30/2008 05/30/2008 05/30/2008 05/30/2008 06/03/2008 06/04/2008 06/05/2008
06/17/2008 06/17/2008
06/19/2008 06/19/2008 06/20/2008
06/23/2008 06/23/2008 07/22/2008

Jennifer) Modified on 5/29/2008 (gbw, ). (Entered: 05/28/2008)
306 ORDER granting 302 Motion for Leave to File reply in opposition to Belfor's opposition to plaintiffs' motion for voluntary dismissal of claims of Mr. Juan Alfaro. Signed by Judge Jay C. Zainey on 5/29/08. (Reference: 06−491)(gbw, ) (Entered: 05/30/2008)
307 Reply in response to motion by all plaintiffs re 257 Motion for voluntary dismissal of claims of Mr. Juan Alfaro. (Reference: 06−491)(gbw, ) (Entered: 05/30/2008)
308 ORDER granting 303 Motion for Leave to File reply in opposition to Belfor's opposition to plaintiffs' motion for voluntary dismissal of claims of Mr. James C. Stacks. Signed by Judge Jay C. Zainey on 5/29/08. (Reference: 06−491)(gbw, ) (Entered: 05/30/2008)
309 Reply in response by all plaintiffs re 270 Motion for voluntary dismissal of claims of Mr. James Stacks. (Reference: 06−491)(gbw, ) (Entered: 05/30/2008)
310 ORDER AND REASONS Signed by Judge Jay C. Zainey on 6/3/08. (Entered: 06/03/2008)
311 Response/Reply by Belfor USA Group Inc. to 276 Motion for Voluntary Dismissal of FLSA Claims of Mike Hamilton (Reference: 06−0491)(Pelleteri, Erin) Modified on 6/5/2008 (gbw, ). (Entered: 06/04/2008)
312 Correction of Docket Entry by Clerk re 311 Response/Reply. Name of attorney who electronically filed this document does not match name of signatory attorney on pleading. The user log−in and password serve as the required signature for purposes of Rule 11 of the FRCP. No further action is necessary. (Reference: 06−491)(gbw, ) (Entered: 06/05/2008)
313 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Robert H. Urann by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima, Sergio Alho, Fabio Lima, Jose Duarte. (Attachments: # 1 Proposed Order)(Reference: 06−7804)(Picard, Nancy) (Entered: 06/17/2008)
314 EXPARTE/CONSENT MOTION for Leave to File Sur−Reply Memorandum in Opposition to Motion to Proceed as a Collective Action by Belfor USA Group Inc.. (Attachments: # 1 Proposed Pleading , # 2 Exhibit "A", # 3 Proposed Order)(Reference: 06−7804)(Griffith, Steven) Modified on 6/18/2008 (gbw, ). (Entered: 06/17/2008)
315 ORDER granting 314 Motion for Leave to File sur−reply memo in opposition to motion to proceed as a collective action. Signed by Judge Jay C. Zainey on 6/29/08. (Reference: 06−7804)(gbw, ) (Entered: 06/20/2008)
317 ORDER granting 313 Motion to Enroll as Counsel of Record for Attorney Robert H. Urann for Orestes Daniel Obando, Adan Gonzalez, Vanda Lima and Fabio Lima. Signed by Judge Jay C. Zainey on 6/19/08. (Reference: 06−7804)(gbw, ) (Entered: 06/20/2008)
316 SUR−REPLY MEMORANDUM in Opposition filed by Belfor USA Group Inc. re 172 MOTION to Proceed as a Collective Action, for tolling of the Statute of Limitations, for Court−Authorized Notice, and for Disclosure of the Names and Addresses of the Potential Opt−In Plaintiffs. (Attachments: # 1 Exhibit)(Reference: 06−7804)(gbw, ) (Entered: 06/20/2008)
318 ORDER denying 243 Motion for Reconsideration. Signed by Judge Jay C. Zainey on 6/23/08. (Reference: 06−7804)(jrc, ) (Entered: 06/24/2008)
319 ORDER denying as moot 229 Motion to Transfer Case. Signed by Judge Jay C. Zainey on 6/23/08. (Reference: 06−7804)(jrc, ) (Entered: 06/24/2008)
320 MOTION to Consolidate Cases by Belfor USA Group Inc.. Motion Hearing set for 8/6/2008 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A − Xavier Complaint, # 3 Exhibit B − Obando Complaints, # 4 Exhibit C − Nava Complaint, # 5 Notice of Hearing)(Reference: 06−491, 06−7804, 08−3736)(Pelleteri, Erin) (Entered: 07/22/2008)

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07/23/2008
08/21/2008
08/25/2008 08/25/2008
08/26/2008
08/27/2008 08/27/2008 09/10/2008 09/21/2008 09/23/2008 09/23/2008 09/23/2008 09/23/2008 09/23/2008 09/23/2008

321 Correction of Docket Entry by Clerk re 320 MOTION to Consolidate Cases. Name of attorney who electronically filed this document does not match name of signatory attorney on pleading. The user log−in and password serve as the required signature for purposes of Rule 11 of the FRCP. No further action is necessary. (Reference: 06−491)(gbw, ) (Entered: 07/23/2008)
322 EXPARTE/CONSENT MOTION for Leave to File Supplemental Memorandum in Opposition to Motion for Conditional Certification by Belfor USA Group Inc.. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading Belfor's Supplemental Memorandum in Opposition to Motion for Conditional Certification, # 3 Exhibit "A" to Supplemental Memorandum, # 4 Exhibit "B" to Supplemental Memorandum)(Reference: 06−7804)(Griffith, Steven) (Entered: 08/21/2008)
323 ORDER granting 322 Motion for Leave to File supplemental memo in opposition to motion for conditional certification. Signed by Judge Jay C. Zainey on 8/22/08. (Reference: 06−7804)(gbw, ) (Entered: 08/25/2008)
324 SUPPLEMENTAL MEMORANDUM in Opposition filed by Belfor USA Group Inc. re 172 MOTION to Proceed as a Collective Action, for tolling of the Statute of Limitations, for Court−Authorized Notice, and for Disclosure of the Names and Addresses of the Potential Opt−In Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Reference: 06−7804)(gbw, ) (Entered: 08/25/2008)
325 EXPARTE/CONSENT MOTION to Dismiss Third−Party Demand against Construction Management Services, USA, L.L.C. by Belfor USA Group Inc., Construction Management Services, USA, LLC. (Attachments: # 1 Proposed Order)(Reference: 06−491, 06−7804)(Pelleteri, Erin) Modified on 8/27/2008 (gbw, ). (Entered: 08/26/2008)
326 Correction of Docket Entry by Clerk re 325 MOTION to Dismiss Third−Party Demand against Construction Management Services, USA, L.L.C.. Filing attorney did not select Construction Management Services, USA, LLC as a filer(s). Clerk added filer(s). (Reference: 06−491)(gbw, ) (Entered: 08/27/2008)
327 ORDER granting 325 Motion to Dismiss third party claims by Belfor USA Inc against Construction Management Services USA LLC. Signed by Judge Jay C. Zainey on 8/27/08. (Reference: ALL CASES)(gbw, ) (Entered: 08/28/2008)
328 ORDER &REASONS granting 320 MOTION to Consolidate Case 08−3736 with 06−491 and 06−7804 filed by Belfor USA Group Inc.. Signed by Judge Jay C. Zainey on 9/9/08.(Reference: 08−3736)(gbw, ) Modified on 9/10/2008 (gbw, ). (Entered: 09/10/2008)
329 EXPARTE/CONSENT Joint MOTION to Dismiss Third−Party Demand by Guaranteed Fence &Gate, LLC, Belfor USA Group, Inc.. (Attachments: # 1 Proposed Order)(Reference: 06−491, 06−7804)(Pelleteri, Erin) (Entered: 09/21/2008)
330 ORDER denying 172 Motion to proceed as a collective action. Signed by Judge Jay C. Zainey on 9/22/08. (Reference: 06−491, 06−7804)(jrc, ) (Entered: 09/23/2008)
331 ORDER granting 258 Motion to Enforce Court's Order. Signed by Judge Jay C. Zainey on 9/22/08.(Reference: 06−491, 06−7804)(jrc, ) (Entered: 09/23/2008)
332 ORDER denying 230 Motion to Sever. Signed by Judge Jay C. Zainey on 9/22/08. (Reference: 06−491, 06−7804)(jrc, ) (Entered: 09/23/2008)
333 ORDER denying 262 Motion to unseal motion to enforce settlement. Signed by Judge Jay C. Zainey on 9/22/08. (Reference: 06−491, 06−7804)(jrc, ) (Entered: 09/23/2008)
334 ORDER granting 265 Motion to Strike Affidavits. Signed by Judge Jay C. Zainey on 9/22/08. (Reference: 06−491, 06−7804)(jrc, ) (Entered: 09/23/2008)
335 ORDER granting 329 Joint MOTION to Dismiss. Belfor's claims against Guaranteed Fence and Guaranteed Fence's claims against Belfor are DISMISSED WITH PREJUDICE. Signed by Judge Jay C. Zainey on 9/22/08.(Reference: ALL CASES)(gec, ) (Entered: 09/24/2008)

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09/30/2008 09/30/2008 10/01/2008 10/02/2008 10/03/2008 10/06/2008 10/06/2008 10/08/2008 10/08/2008
10/08/2008

336 **DOCUMENT WITHDRAWN PURSUANT TO ORDER #376** MOTION to Dismiss Second Amended Complaint by Belfor USA Group, Inc.(08−3736). Motion Hearing set for 10/15/2008 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Notice of Hearing, # 2 Memorandum in Support)(Reference: 08−3736)(Griffith, Steven) Modified on 11/13/2008 (gbw, ). Modified on 11/19/2008 (gec, ). (Entered: 09/30/2008)
337 **DOCUMENT WITHDRAWN PURSUANT TO ORDER #376** MOTION to Dismiss Certain Claims and Demands by Belfor USA Group, Inc.(08−3736). Motion Hearing set for 10/15/2008 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Notice of Hearing, # 2 Memorandum in Support)(Reference: 08−3736)(Griffith, Steven) Modified on 11/19/2008 (gec, ). (Entered: 09/30/2008)
338 DEFICIENT. EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply To Defendant's Motions To Dismiss, MOTION for Hearing Adjournment by Juan Antonio Alfaro Nava, Adaildo M. Pereira, Elio Escovar, Glenton Houston Gillespie, Ricardo Manuel, Regina Toledo Melgar, Joao Batista Silva, James Chad Stacks. (Reference: 08−3736)(Verwys, Mark) Modified on 10/2/2008 (gbw, ). (Entered: 10/01/2008)
339 EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply to Defendant's Motions To Dismiss, MOTION for Hearing Adjournment by Juan Antonio Alfaro Nava, Adaildo M. Pereira, Elio Escovar, Glenton Houston Gillespie, Ricardo Manuel, Regina Toledo Melgar, Joao Batista Silva, James Chad Stacks. (Attachments: # 1 Proposed Order)(Reference: 08−3736)(Verwys, Mark) Modified on 10/3/2008 (gbw, ). (Entered: 10/02/2008)
340 ORDER granting 339 MOTION for Extension of Time to File Response to Defendant's Motions To Dismiss; Responses due 10/21/08. Hearing on 336 337 MOTION to Dismiss are continued to 10/29/08.. Signed by Judge Jay C. Zainey on 10/3/08.(Reference: 08−3736)(gbw, ) (Entered: 10/03/2008)
341 THIRD PARTY COMPLAINT against Ticos Construction, L.L.C. filed by Belfor USA Group Inc..(Reference: 08−3736)(Griffith, Steven) Modified on 10/6/2008 (gbw, ). (WAIVER OF SERVICE) (Entered: 10/06/2008)
342 THIRD PARTY COMPLAINT against Expro Services, Inc. filed by Belfor USA Group Inc..(Reference: 06−7804, 08−3736)(Griffith, Steven) Modified on 10/6/2008 (gbw, ). (WAIVER OF SERVICE) (Entered: 10/06/2008)
343 ANSWER to 341 Third Party Complaint by Ticos Construction, L.L.C..(Reference: 08−3736)(Tusa, Michael) (Entered: 10/08/2008)
344 DEFICIENT. MOTION to Certify Class as a F.R.Civ.P. 23 Class Action and Brief in Support by Juan Antonio Alfaro Nava, Adaildo M. Pereira, Elio Escovar, Glenton Houston Gillespie, Ricardo Manuel, Regina Toledo Melgar, Joao Batista Silva, James Chad Stacks. Motion Hearing set for 10/29/2008 before Judge Jay C. Zainey. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13, # 14 Exhibit Exhibit 14, # 15 Exhibit Exhibit 15, # 16 Exhibit Exhibit 16, # 17 Memorandum in Support Exhibit 17, # 18 Exhibit Exhibit 18, # 19 Exhibit Exhibit 19, # 20 Exhibit Exhibit 20)(Reference: 06−0491, 06−8704, 08−3736)(Verwys, Mark) Modified on 10/9/2008 (gbw, ). (Entered: 10/08/2008)
345 MOTION to Certify Class FLSA by Juan Antonio Alfaro Nava, Adaildo M. Pereira, Elio Escovar, Glenton Houston Gillespie, Ricardo Manuel, Regina Toledo Melgar, Joao Batista Silva, James Chad Stacks. Motion Hearing set for 10/29/2008 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support, # 2 Appendix Exhibits 01−05, # 3 Appendix Exhibits 06−10, # 5 Appendix Exhibits 16−20, # 6 Notice of Hearing October 29, 2008)(Reference: 08−3736)(Verwys, Mark) (Additional attachment(s) added on 10/14/2008: # 7 Exhibit 11), # 8 Exhibit 12−15) (gbw, ). Modified on 10/14/2008 (gbw, ). Modified on 10/14/2008 (gbw, ). (Entered: 10/08/2008)

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10/09/2008 10/09/2008 10/09/2008
10/10/2008 10/14/2008 10/14/2008 10/15/2008 10/16/2008 10/20/2008 10/20/2008 10/21/2008 10/21/2008 10/26/2008

346 ORDER on 257 , 270 , 276 , Motions to Dismiss. Signed by Judge Jay C. Zainey. (Counsel served via separate e−mail by Case Manager)(Reference: 06−491)(jrc, ) (Entered: 10/09/2008)
347 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by Ticos Construction, L.L.C., Ticos Construction, L.L.C.. (Attachments: # 1 Proposed Order)(Reference: 06−491)(Favret, Clarence) (Entered: 10/09/2008)
348 MOTION to Certify Class as a F.R.Civ.P. 23 Class Action by Juan Antonio Alfaro Nava, Adaildo M. Pereira, Elio Escovar, Glenton Houston Gillespie, Ricardo Manuel, Regina Toledo Melgar, Joao Batista Silva, James Chad Stacks. Motion Hearing set for 10/29/2008 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Notice of Hearing)(Reference: 08−3736)(Verwys, Mark) Modified on 10/10/2008 (gbw, ). (Additional attachment(s) added on 10/14/2008: # 23 Exhibit 11) (gbw, ). Modified on 10/14/2008 (gbw, ). (Entered: 10/09/2008)
349 ORDER granting 347 Motion to Enroll as Counsel of Record for Attorney Ashley Brooke Robinson for Ticos Construction, L.L.C.. Signed by Judge Jay C. Zainey on 10/10/08. (Reference: all cases)(gbw, ) (Entered: 10/10/2008)
350 MOTION to Consolidate Cases by Belfor USA Group Inc.. Motion Hearing set for 10/29/2008 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support, # 2 Notice of Hearing)(Reference: 06−491, 06−7804, &08−3736)(Griffith, Steven) (Entered: 10/14/2008)
351 EXPARTE/CONSENT MOTION to Continue Hearing Dates by Belfor USA Group Inc.. (Attachments: # 1 Proposed Order)(Reference: 08−3736)(Griffith, Steven) (Entered: 10/14/2008)
352 RESPONSE to Motion filed by Juan Antonio Alfaro Nava, Adaildo M. Pereira, Elio Escovar, Glenton Houston Gillespie, Ricardo Manuel, Regina Toledo Melgar, Joao Batista Silva, James Chad Stacks re 351 MOTION to Continue Hearing Dates. (Reference: 08−3736)(Verwys, Mark) (Entered: 10/15/2008)
353 ORDER granting 351 MOTION to Continue Hearing Dates filed by Belfor USA Group Inc. ; ORDERED that the hearing dates on Motions to Certify [345 &348] are continued, the Court will set new hearing dates at the upcoming status conference with the parties. Signed by Judge Jay C. Zainey on 10/15/08.(Reference: 08−3736)(gbw, ) (Entered: 10/16/2008)
354 EXPARTE/CONSENT First MOTION to Continue by Ticos Construction LLC. (Attachments: # 1 Proposed Order)(Reference: 06−00491)(Robinson, Ashley) (Entered: 10/20/2008)
358 ORDER granting 354 Motion to Continue hearing date on Belfor's motion to consolidate. The court will set a new hearing date at the status conference on 10/29/08. Signed by Judge Jay C. Zainey on 10/20/08. (Reference: All Cases)(gbw, ) (Entered: 10/21/2008)
356 Correction of Docket Entry by Clerk re 354 First MOTION to Continue. Document contains incorrect Section. All future pleadings must reflect Section A (Judge Jay C. Zainey) and Magistrate Judge 3 (Daniel E. Knowles, III) (Reference: 06−491)(gbw, ) (Entered: 10/21/2008)
357 ORDER Status Conference set for 10/29/2008 10:15 AM before Judge Jay C. Zainey.. Signed by Judge Jay C. Zainey on 10/20/08.(Reference: all cases)(jrc, ) (Entered: 10/21/2008)
359 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Naomi Tsu (Filing fee $5. PAID) by Valdir Xavier. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order)(Reference: 06−491)(Rosenbaum, Jennifer) Modified on 10/27/2008 (gbw, ). Modified on 11/6/2008 (gbw, ). (Entered: 10/26/2008)

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10/27/2008 10/28/2008 10/29/2008
11/03/2008 11/06/2008
11/13/2008 11/13/2008 11/13/2008 11/17/2008 11/17/2008 11/17/2008

360 Correction of Docket Entry by Clerk re 359 MOTION to Appear Pro Hac Vice for Naomi Tsu (Filing fee $5.) MOTION to Appear Pro Hac Vice for Naomi Tsu (Filing fee $5.). Name of attorney who electronically filed this document does not match name of signatory attorney on pleading. The user log−in and password serve as the required signature for purposes of Rule 11 of the FRCP. No further action is necessary. (Reference: 06−491)(gbw, ) (Entered: 10/27/2008)
361 ORDER granting 359 Motion to Appear Pro Hac Vice as to Naomi Tsu for plaintiffs. Signed by Judge Jay C. Zainey on 10/28/08. (Reference: 06−491)(gbw, ) (Entered: 10/28/2008)
362 Minute Order. Proceedings held before Judge Jay C. Zainey: Status Conference held on 10/29/2008. Ordered that by November 30, 2008, the parties shall submit to the Court for approval a proposed Case Management Order as set forth in document. Further Ordered that the 345 Motion to Certify Class, 348 Motion to Certify Class are dismissed without prejudice as premature. Further Ordered that within two weeks the Nava plaintiffs shall file their oppositions to Belfor's 336 337 Motions to Dismiss as set forth in document. Further Ordered that Belfor's 350 Motion to Consolidate the Tico's matter is denied as premature. (Reference: all cases)(ijg, ) (Entered: 10/31/2008)
363 Second Motion to Enforce the Court's 9/7/06 order(gbw, ) (Entered: 11/03/2008)
366 ORDER: Scheduling Conference set for 12/2/2008 04:00 PM IN CHAMBERS, the purpose of which is to discuss &confect a scheduling order with respect to the pending motion to enforce. Counsel are encouraged to provide letter briefs &proposed scheduling order(s)to the undersigned no later than Monday, December 1, 2008 via FAX (504−589−4500). FURTHER ORDERED that the November 26, 2008 hearing previously scheduled before the undersigned is hereby CANCELLED. Signed by Magistrate Judge Daniel E. Knowles, III.(Reference: 06−491)(sek, ) (Entered: 11/06/2008)
367 EXPARTE/CONSENT MOTION for Leave to File Second Amended Complaint by Adaildo M. Pereira, Elio Escovar, Glenton Houston Gillespie, Ricardo Manuel, Regina Toledo Melgar, Joao Batista Silva. (Attachments: # 1 Complaint Second Amended, # 2 Proposed Order)(Reference: 08−3736)(Verwys, Mark) (Entered: 11/13/2008)
368 RESPONSE/MEMORANDUM in Opposition filed by Adaildo M. Pereira, Elio Escovar, Glenton Houston Gillespie, Ricardo Manuel, Regina Toledo Melgar, Joao Batista Silva re 336 MOTION to Dismiss. (Attachments: # 1 Appendix Appendices 1−5, # 2 Appendix Appendices 6−10, # 3 Appendix Appendices 11−15, # 4 Appendix Appendices 16−20)(Reference: 08−3736)(Verwys, Mark) (Entered: 11/13/2008)
369 RESPONSE/MEMORANDUM in Opposition filed by Adaildo M. Pereira, Elio Escovar, Glenton Houston Gillespie, Ricardo Manuel, Regina Toledo Melgar, Joao Batista Silva re 337 MOTION to Dismiss Certain Claims and Demands. (Reference: 08−3736)(Verwys, Mark) (Entered: 11/13/2008)
370 MOTION to Consolidate Cases by Belfor USA Group, Inc.(a Delaware Corporation (06−7804 )). Motion Hearing set for 12/10/2008 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Notice of Hearing, # 2 Memorandum in Support)(Reference: 06−7804, 08−3736)(Pelleteri, Erin) Modified on 11/17/2008 (gbw, ). (Entered: 11/17/2008)
371 Correction of Docket Entry by Clerk re 370 MOTION to Consolidate Cases. Filing attorney should have changed 'Y' to 'N' at the question 'Is this an Exparte/Consent Motion Y/N?' before clicking the Next button. Clerk modified docket text to delete 'Exparte'. (Reference: 06−491)(gbw, ) (Entered: 11/17/2008)
372 DEFICIENT. Supplemental Memorandum filed by Adaildo M. Pereira, Elio Escovar, Ricardo Manuel, Regina Toledo Melgar, Joao Batista Silva, in Opposition of 336 MOTION to Dismiss Second Amended Complaint. (Attachments: # 1 Appendix US v Labbe Opinion)(Reference: 08−3736)(Verwys, Mark) Modified on 11/18/2008 (gbw, ). (Entered: 11/17/2008)

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11/18/2008 11/18/2008
11/18/2008 11/19/2008 11/28/2008 12/01/2008 12/01/2008 12/02/2008 12/02/2008 12/02/2008 12/02/2008
12/05/2008 12/08/2008 12/17/2008

373 ORDER granting 367 Motion for Leave to File Second Amended Complaint. Signed by Judge Jay C. Zainey on 11/17/08. (Reference: 08−3736)(gbw, ) (Entered: 11/18/2008)
374 SECOND AMENDED COMPLAINT with Jury Demand against Belfor USA Group, Inc.(08−3736) filed by Delmy Reyes Bayde, Lourdes Garces, Agnelio Jurado, Carmen Rodriguez, Celia Sacoto, Adaildo M. Pereira, Elio Escovar, Glenton Houston Gillespie, Ricardo Manuel, Regina Toledo Melgar, Joao Batista Silva.(Reference: 08−3736)(gbw, ) (Entered: 11/18/2008)
375 EXPARTE/CONSENT MOTION to Withdraw Document re 336 MOTION to Dismiss Second Amended Complaint, 337 MOTION to Dismiss Certain Claims and Demands by Belfor USA Group Inc.. (Attachments: # 1 Proposed Order)(Reference: 08−3736)(Pelleteri, Erin) (Entered: 11/18/2008)
376 ORDER granting 375 Motion to Withdraw Motions to Dismiss ( 336 and 337 ). Signed by Judge Jay C. Zainey on 11/19/08. (Reference: 08−3736)(gec, ) (Entered: 11/19/2008)
377 EXPARTE/CONSENT MOTION for Extension of Time to Answer re 374 Amended Complaint, by Belfor USA Group Inc.. (Attachments: # 1 Proposed Order)(Reference: 08−3736)(Pelleteri, Erin) (Entered: 11/28/2008)
378 ORDER: Scheduling Conference is RESET for 12/3/2008 03:30 PM. Signed by Magistrate Judge Daniel E. Knowles, III.(Reference: all cases)(sek, ) (Entered: 12/01/2008)
379 EXPARTE/CONSENT MOTION to Continue Hearing Date on Motion to Consolidate by Ticos Construction, L.L.C., Belfor USA Group, Inc.. (Attachments: # 1 Proposed Order)(Reference: 06−491)(Robinson, Ashley) Modified on 12/2/2008 (gbw, ). (Entered: 12/01/2008)
380 Correction of Docket Entry by Clerk re 379 MOTION to Continue Hearing Date on Motion to Consolidate. Filing attorney did not select Belfor USA Group, Inc. as a filer(s). Clerk added filer(s). (Reference: 06−491)(gbw, ) (Entered: 12/02/2008)
381 ORDER granting 377 Motion for Extension of Time to Answer re 374 Second Amended Complaint. Answer due 12/23/08. Signed by Judge Jay C. Zainey on 12/2/08. (Reference: 08−3736)(gbw, ) (Entered: 12/02/2008)
382 ORDER granting MOTION to Continue Hearing Date on Motion to Consolidate filed by Ticos Construction, L.L.C., Belfor USA Group Inc.. The 370 MOTION to Consolidate Cases is continued to 1/7/2009. Signed by Judge Jay C. Zainey on 12/2/08.(Reference: 06−491. 06−7804)(gbw, ) (Entered: 12/02/2008)
383 Minute Entry for proceedings held before Magistrate Judge Daniel E. Knowles, III: Scheduling Conference held on 12/2/2008 re 2nd motion to enforce #363. The Court determined that certain legal issues should be briefed &determined by the undersigned before calculation of wages is addressed. Accordingly, IT IS ORDERED that, no later than 12/17/08, plaintiffs' counsel shall file a memorandum addressing legal issues raised in Belfor USA Group, Inc.'s &plaintiff's response letter briefs which were provided to the undersigned just prior to the subject scheduling conference. FURTHER ORDERED that, no later than 12/31/08, defendant shall file its response. Unless otherwise directed, there will be no oral hearing and the matter shall be deemed submitted for determination on the parties written submissions including letter briefs previously provided to the Court. (Reference: 06−941)(sek, ) (Entered: 12/03/2008)
384 EXPARTE/CONSENT Joint MOTION to Enter Case Management Order No. 2 by plaintiffs, Belfor USA Group Inc.. (Attachments: # 1 Proposed Order)(Reference: 06−7804)(Pelleteri, Erin) Modified on 12/8/2008 (gbw, ). (Entered: 12/05/2008)
385 CASE MANAGEMENT ORDER NO. 2. Signed by Judge Jay C. Zainey on 12/8/08.(Reference: 06−7804)(gbw, ) (Entered: 12/09/2008)
386 Memorandum by Valdir Xavier, Wanderson de Souza, Sergio Oliveira, Edson Silva filed in response to the Court's Dec 2, 2008 Order, Rec. Doc. 383 (Attachments: # 1 Exhibit)(Reference: 06−491)(Tsu, Naomi) (Entered:

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12/23/2008 12/23/2008 12/23/2008 12/23/2008 12/24/2008 12/24/2008 12/29/2008 12/29/2008
12/29/2008 12/30/2008

12/17/2008)
387 DEFICIENT. MOTION for Leave to File Fourth Amended Complaint by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima, Sergio Alho, Fabio Lima, Jose Duarte. Motion(s) referred to Daniel E. Knowles, III. Motion Hearing set for 1/21/2009 11:00 AM before Magistrate Judge Daniel E. Knowles III. (Attachments: # 1 Proposed Pleading, # 2 Notice of Hearing)(Reference: 06−7804)(Picard, Nancy) Modified on 12/24/2008 (gbw, ). (Entered: 12/23/2008)
388 EXPARTE MOTION to Expedite Motion for Leave to File Fourth Amended Complaint [Doc. No. 387] by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima, Sergio Alho, Fabio Lima, Jose Duarte. Motion(s) referred to Daniel E. Knowles, III. (Attachments: # 1 Proposed Order)(Reference: 06−7804)(Picard, Nancy) Modified on 12/24/2008 (gbw, ). (Entered: 12/23/2008)
389 EXPARTE/CONSENT MOTION for Leave to File Motion to Dismiss All Claims in Excess of 25 Pages by Belfor USA Group Inc.. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading Motion to Dismiss All Claims, # 3 Proposed Pleading Notice of Hearing, # 4 Proposed Pleading Memorandum in Support of Motion to Dismiss All Claims)(Reference: 08−3736)(Griffith, Steven) Modified on 12/24/2008 (gbw, ). (Entered: 12/23/2008)
390 MOTION to Dismiss Certain Plaintiffs, Claims, and Demands by Belfor USA Group Inc.. Motion Hearing set for 1/7/2009 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Notice of Hearing, # 2 Memorandum in Support)(Reference: 08−3736)(Griffith, Steven) Modified on 12/24/2008 (gbw, ). (Entered: 12/23/2008)
391 Correction of Docket Entry by Clerk re 388 MOTION to Expedite Motion for Leave to File Fourth Amended Complaint [Doc. No. 387] MOTION to Expedite Motion for Leave to File Fourth Amended Complaint [Doc. No. 387]. Filing attorney should have changed 'N' to 'Y' at the question 'Is this an Exparte/Consent Motion Y/N?' before clicking the Next button. Clerk modified docket text to reflect 'Exparte'. (Reference: 06−7804)(gbw, ) (Entered: 12/24/2008)
392 Correction of Docket Entry by Clerk re 390 MOTION to Dismiss Certain Plaintiffs, Claims, and Demands. Filing attorney selected incorrect hearing date (year). Correct hearing date is 1/7/09. Clerk took corrective action. (Reference: 08−3736)(gbw, ) (Entered: 12/24/2008)
393 EXPARTE/CONSENT MOTION to Continue Hearing On Defendant's Motions To Dismiss by Adaildo M. Pereira, Elio Escovar, Glenton Houston Gillespie, Ricardo Manuel, Regina Toledo Melgar, Joao Batista Silva, Delmy Reyes Bayde, Agnelio Jurado, Carmen Rodriguez, Celia Sacoto. (Attachments: # 1 Proposed Order)(Reference: 08−3736)(Verwys, Mark) Modified on 12/30/2008 (gbw, ). (Entered: 12/29/2008)
394 MOTION for Leave to File Fourth Amended Complaint by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima, Sergio Alho, Fabio Lima, Jose Duarte. Motion(s) referred to Daniel E. Knowles, III. Motion Hearing set for 1/21/2009 11:00 AM before Magistrate Judge Daniel E. Knowles, III. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading Fourth Amended Complaint, # 3 Notice of Hearing)(Reference: 06−7804)(Picard, Nancy) Modified on 12/30/2008 (gbw, ). (Entered: 12/29/2008)
395 ORDER denying 388 MOTION to Expedite re: Motion for Leave to File Fourth Amended Complaint. Motion Hearing as to 394 MOTION for Leave to File Fourth Amended Complaint is reset for 1/21/2009 11:00 AM before Magistrate Judge Daniel E. Knowles III. Signed by Magistrate Judge Daniel E. Knowles, III on 12/29/2008.(Reference: 06−7804)(mmm, ) (Entered: 12/29/2008)
396 Correction of Docket Entry by Clerk re 394 MOTION for Leave to File Fourth Amended Complaint. Filing attorney should have changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the magistrate judge. Clerk took corrective action. (Reference: 08−3736). (gbw, ) (Entered: 12/30/2008)

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12/30/2008 12/30/2008 12/31/2008 12/31/2008 01/05/2009 01/06/2009
01/06/2009
01/06/2009
01/06/2009 01/07/2009 01/07/2009 01/07/2009 01/13/2009 01/13/2009

397 RESPONSE/MEMORANDUM in Opposition filed by Ticos Construction, L.L.C. re 370 MOTION to Consolidate Cases. (Reference: 06−491)(Robinson, Ashley) Modified on 12/31/2008 (gbw, ). (Entered: 12/30/2008)
398 ORDER Resetting Hearing on 389 MOTION to Dismiss, 390 MOTION to Dismiss Certain Plaintiffs, Claims, and Demands ; Motion Hearing reset for 1/21/2009 before Judge Jay C. Zainey.. Signed by Judge Jay C. Zainey.(Reference: 08−3736)(jrc, ) (Entered: 12/30/2008)
399 Correction of Docket Entry by Clerk re 397 Memorandum. Filing attorney selected incorrect event. Correct event is RESPONSE/MEMORANDUM in Opposition to Motion. Clerk took corrective action by changing the event. (Reference: 06−491)(gbw, ) (Entered: 12/31/2008)
401 Memorandum re Motion to Enforce(gbw, ) (Entered: 01/06/2009)
403 ORDER granting 389 Motion for Leave to File memorandum in support of its motion to dismiss plaintiffs' second amended complaint in excess of 25 pages. Signed by Judge Jay C. Zainey on 1/5/09. (Reference: 08−3736)(gbw, ) Modified on 1/6/2009 (gbw, ). (Entered: 01/06/2009)
400 EXPARTE/CONSENT MOTION for Leave to File Reply Brief In Further Support of Belfor's Motion to Consolidate by Belfor USA Group Inc.. (Attachments: # 1 Proposed Pleading Reply Brief in Further Support of Belfor's Motion to Consolidate, # 2 Proposed Order)(Reference: 06−491, 06−7804, 08−3736)(Pelleteri, Erin) Modified on 1/6/2009 (gec, ). (Entered: 01/06/2009)
402 Correction of Docket Entry by Clerk re 400 MOTION for Leave to File Reply Brief In Further Support of Belfor's Motion to Consolidate. Filing attorney should have changed 'N' to 'Y' at the question 'Is this an Exparte/Consent Motion Y/N?' before clicking the Next button. Also, filing attorney did not reference case 06−491 at the prompt 'You are docketing in a MASTER case. Enter case numbers to which this document applies:'. Clerk took corrective action. (Reference: ALL CASES)(gec, ) (Entered: 01/06/2009)
404 MOTION to Dismiss Party Belfor USA Group, Inc. by Belfor USA Group, Inc.(08−3736). Motion Hearing set for 1/21/2009 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support, # 2 Notice of Hearing)(Reference: 08−3736)(gbw, ) Modified hearing date on 1/7/2009 (gbw, ). (Entered: 01/06/2009)
544 EXPARTE/CONSENT MOTION for Leave to File Reply to Belfor's memo re 2nd motion to enforce the settlement agreement by all plaintiffs. Motion(s) referred to Daniel E. Knowles, III. (Reference: 06−491)(gbw, ) (Entered: 07/23/2009)
405 Correction of Docket Entry by Clerk re 404 MOTION to Dismiss Party Belfor USA Group, Inc.. Per chambers hearing date is changed to 1/21/09. (Reference: 06−491)(gbw, ) (Entered: 01/07/2009)
406 ORDER granting 400 Motion for Leave to File Reply Brief. Signed by Judge Jay C. Zainey. (Reference: ALL CASES)(gec, ) (Entered: 01/08/2009)
407 REPLY to Response to Motion filed by Belfor USA Group Inc. re 370 MOTION to Consolidate Cases. (Reference: ALL CASES)(gec, ) (Entered: 01/08/2009)
412 RESPONSE/MEMORANDUM in Opposition filed by Belfor USA Group Inc. re 394 MOTION for Leave to File Fourth Amended Complaint. (Reference: 06−7804)(Pelleteri, Erin) (Entered: 01/13/2009)
413 RESPONSE/MEMORANDUM in Opposition filed by Adaildo M. Pereira, Elio Escovar, Glenton Houston Gillespie, Ricardo Manuel, Regina Toledo Melgar, Joao Batista Silva, Delmy Reyes Bayde, Lourdes Garces, Agnelio Jurado re 404 MOTION to Dismiss Party Belfor USA Group, Inc.. (Attachments: # 1 Appendix Exhibits 01−05, # 2 Appendix Exhibits 06−10, # 3 Appendix Exhibits 11−15, # 4 Appendix Exhibits 16−20, # 5 Appendix Exhibit 21)(Reference: 08−3736)(Verwys, Mark) (Additional attachment(s) added on 7/22/2011: # 6 sealed exhibits) (jrc, ). (Entered: 01/13/2009)

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01/13/2009 01/14/2009 01/15/2009 01/15/2009 01/16/2009
01/16/2009 01/16/2009 01/21/2009 01/21/2009 01/21/2009 01/22/2009
01/22/2009

414 RESPONSE/MEMORANDUM in Opposition filed by Adaildo M. Pereira, Elio Escovar, Glenton Houston Gillespie, Ricardo Manuel, Regina Toledo Melgar, Joao Batista Silva, Delmy Reyes Bayde, Lourdes Garces, Agnelio Jurado re 390 MOTION to Dismiss Certain Plaintiffs, Claims, and Demands. (Attachments: # 1 Exhibit 1)(Reference: 08−3736)(Verwys, Mark) (Entered: 01/13/2009)
415 EXPARTE/CONSENT MOTION to Seal Exhibit 11 to Doc. #413 by Juan Antonio Alfaro Nava et al (Reference: 08−3736)(gbw, ) (Substituted image on 1/16/2009 pursuant to order (Rec. Doc. 419)): # 1 Main Document) (gec, ). Modified on 1/16/2009 (gec, ). (Entered: 01/15/2009)
416 ORDER granting 415 Motion for Leave to File under Seal Exhibit 11 to 413 Response in Opposition to Motion to dismiss second amended complaint. Signed by Judge Jay C. Zainey on 1/15/09. (Reference: 08−3736)(gbw, ) (Entered: 01/15/2009)
417 EXPARTE/CONSENT MOTION for Leave to File Substitute Page by Adaildo M. Pereira, Elio Escovar, Glenton Houston Gillespie, Ricardo Manuel, Regina Toledo Melgar, Joao Batista Silva, Delmy Reyes Bayde, Lourdes Garces, Agnelio Jurado. (Attachments: # 1 Proposed Page 2, # 2 Proposed Order)(Reference: 08−3736)(Picard, Nancy) (Entered: 01/15/2009)
418 ORDER granting 370 MOTION to Consolidate Cases filed by Belfor USA Group, Inc., consolidating master case 06−491 with member case 08−949. The clerk is to establish a master file and docket sheet. All entries are made on master docket sheet except orders and documents terminating a party or disposing of a case which will also be entered on the individual docket sheet. All pleadings filed in this consolidated proceeding shall bear the caption of the lead consolidated case together with the docket number of all cases within the consolidation to which the document applies or the notation "ALL CASES" if it applies to all cases.. Signed by Judge Jay C. Zainey on 1/15/09.(Reference: 08−949)(gec, ) (Entered: 01/16/2009)
419 ORDER granting 417 Motion for Leave to Substitute signature page. Signed by Judge Jay C. Zainey. (Reference: 08−3736)(gec, ) (Entered: 01/16/2009)
420 Letter to the Court from Scott Wolfe, Jr. dated 1/7/09, requesting removal from electronic filing email notification. (Reference: 06−491)(blg) (Entered: 01/16/2009)
422 EXPARTE/CONSENT MOTION for Leave to File to File Reply Memorandum by Belfor USA Group Inc.. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading − Reply Memorandum in Further Support of Belfor's Motion to Dismiss the Second Amended Complaint)(Reference: 08−3736)(Griffith, Steven) (Entered: 01/21/2009)
423 EXPARTE/CONSENT MOTION for Leave to File Reply Brief in Further Support of Belfor's Motion to Dismiss Certain Plaintiffs, Claims, and Demands by Belfor USA Group Inc.. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Reference: 08−3736)(Griffith, Steven) (Entered: 01/21/2009)
425 Minute Order. Proceedings held before Magistrate Judge Daniel E. Knowles, III: Motion Hearing held on 1/21/2009. Ordered that 394 MOTION for Leave to File Fourth Amended Complaint is DENIED. (Reference: 06−7804)(sek, ) (Entered: 01/22/2009)
424 RESPONSE to Motion filed by Adaildo M. Pereira, Elio Escovar, Glenton Houston Gillespie, Ricardo Manuel, Regina Toledo Melgar, Joao Batista Silva, Delmy Reyes Bayde, Lourdes Garces, Agnelio Jurado, Adan Gonzalez re 422 MOTION for Leave to File to File Reply Memorandum, 423 MOTION for Leave to File Reply Brief in Further Support of Belfor's Motion to Dismiss Certain Plaintiffs, Claims, and Demands Objection. (Reference: 08−3736)(Verwys, Mark) (Entered: 01/22/2009)
426 EXPARTE/CONSENT MOTION for Leave to File Reply to Plaintiffs' Objection to Belfor's Motions for Leave to File Reply Briefs by Belfor USA Group Inc.. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Reference: 08−3736)(Pelleteri, Erin) (Entered: 01/22/2009)

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01/23/2009 01/23/2009 01/23/2009 01/26/2009 01/26/2009 01/26/2009 02/11/2009 02/13/2009 02/17/2009 03/02/2009
03/03/2009 03/03/2009 03/04/2009 03/04/2009 03/13/2009 03/16/2009 03/17/2009 03/17/2009

427 ORDER granting 422 Motion for Leave to File reply memo in further support of motion to dismiss second amended complaint. Signed by Judge Jay C. Zainey on 1/23/09. (Reference: 08=−3736)(gbw, ) (Entered: 01/26/2009)
429 ORDER granting 423 Motion for Leave to File reply memo in further support of motion to dismiss certain plaintiffs claims and demands. Signed by Judge Jay C. Zainey on 1/23/09. (Reference: 08−3736)(gbw, ) (Entered: 01/26/2009)
431 ORDER granting 426 Motion for Leave to File reply to plaintiffs' objection to Belfor's motion for leave. Signed by Judge Jay C. Zainey on 1/23/09. (Reference: 08−3736)(gbw, ) (Entered: 01/26/2009)
428 REPLY MEMORANDUM in Further Support filed by Belfor USA Group Inc. re 404 MOTION to Dismiss the second amended complaint.(Reference: 08−3736)(gbw, ) (Entered: 01/26/2009)
430 REPLY MEMORANDUM in Further Support filed by Belfor USA Group Inc. re 390 MOTION to Dismiss Certain Plaintiffs, Claims, and Demands. (Reference: 08−3736)(gbw, ) (Entered: 01/26/2009)
432 Reply by Belfor USA Group Inc. to 424 Response (objection) to 422 423 Motions for Leave to file reply briefs. (Reference: 08−3736)(gbw, ) (Entered: 01/26/2009)
434 EXPARTE/CONSENT Joint MOTION to Enter Case Management Order No. 3 by Orestes Daniel Obando, Belfor USA Group Inc.. (Attachments: # 1 Proposed Order)(Reference: 06−7804)(Pelleteri, Erin) (Entered: 02/11/2009)
435 ORDER granting in part and denying in part 390 Motion to Dismiss; granting in part and denying in part 404 Motion to Dismiss. Signed by Judge Jay C. Zainey on 2/13/09. (Reference: 08−3736)(gbw, ) (Entered: 02/17/2009)
436 CASE MANAGEMENT ORDER NO. 3. Signed by Judge Jay C. Zainey on 2/13/09. (Attachments: # 1 Court's interrogs to plaintiff, # 2 Court's Interrogs &Req for Prod to Defendant)(Reference: 06−7804)(gbw, ) (Entered: 02/17/2009)
437 EXPARTE/CONSENT MOTION for Extension of Deadlines for Filing Amended and Restated Complaint for Two Days by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima, Sergio Alho, Fabio Lima, Jose Duarte. (Attachments: # 1 Proposed Order)(Reference: 06−7804)(Urann, Robert) Modified on 3/3/2009 (gbw, ). (Entered: 03/02/2009)
438 EXPARTE/CONSENT MOTION for Extension of Time to Answer re 374 Amended Complaint, by Belfor USA Group Inc.. (Attachments: # 1 Proposed Order)(Reference: 08−3736)(Pelleteri, Erin) (Entered: 03/03/2009)
439 ORDER granting 437 Motion for Extension to File Amended Complaint. Signed by Judge Jay C. Zainey on 3/3/09. (Reference: 06−7804)(jrc, ) (Entered: 03/04/2009)
440 Fourth AMENDED COMPLAINT with Jury Demand against Belfor USA Group Inc. filed by plaintiffs. (Attachments: # 1 Exhibit 1)(Reference: 06−7804)(Picard, Nancy) Modified on 3/11/2009 (gbw, ). (Entered: 03/04/2009)
441 ORDER granting 438 Motion for Extension of Time to Answer. Signed by Judge Jay C. Zainey. (Reference: 08−3736)(jrc, ) (Entered: 03/04/2009)
445 EXPARTE/CONSENT Joint Motion to Dismiss (Reference: 06−491)(gbw, ) (gbw, ). Modified on 3/17/2009 (gbw, ). (Entered: 03/17/2009)
442 EXPARTE/CONSENT MOTION for Extension of Time to Answer re 440 Amended Complaint by Belfor USA Group Inc.. (Attachments: # 1 Proposed Order)(Reference: 06−7804)(Pelleteri, Erin) (Entered: 03/16/2009)
443 THIRD PARTY COMPLAINT against M2/Royal Construction, Inc. filed by Belfor USA Group Inc..(Reference: 06−7804, 08−3736)(Pelleteri, Erin) (Entered: 03/17/2009)
444 ANSWER to 374 Amended Complaint, by Belfor USA Group, Inc.(a Delaware Corporation (06−7804 )).(Reference: 08−3736)(Pelleteri, Erin) (Entered: 03/17/2009)

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03/17/2009 03/17/2009 03/18/2009 03/18/2009 03/18/2009
03/19/2009
03/19/2009
03/31/2009 03/31/2009 04/01/2009 04/07/2009
04/09/2009 04/14/2009 04/14/2009

446 ORDER re 445 Joint Motion to Dismiss (Reference: 06−491)(gbw, ) (Entered: 03/17/2009)
447 ORDER granting 442 Motion for Extension of Time to Answer Fourth Amended Complaint. Signed by Judge Jay C. Zainey on 3/17/09. (Reference: 06−7804)(jrc, ) (Entered: 03/18/2009)
448 EXPARTE MOTION to Withdraw as Attorney by Ticos Construction, L.L.C.(Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Reference: 06−491, 06−7804, 08−949, 08−3736)(Robinson, Ashley) Modified on 3/19/2009 (gbw, ). (Entered: 03/18/2009)
449 Summons Issued as to M2/Royal Construction, Inc.. (Reference: 06−7804, 08−3736)(gbw, ) (Entered: 03/18/2009)
450 MOTION to Dismiss Party Aparecida Espedito, Joao Batista Filho, and G. Rubia, MOTION to Strike 440 Amended Complaint by Belfor USA Group, Inc.. Motion Hearing set for 4/15/2009 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support, # 2 Notice of Hearing)(Reference: 06−7804)(Pelleteri, Erin) Modified on 3/19/2009 (gbw, ). (Entered: 03/18/2009)
451 Correction of Docket Entry by Clerk re 448 MOTION to Withdraw as Attorney. Filing attorney should have changed 'N' to 'Y' at the question 'Is this an Exparte/Consent Motion Y/N?' before clicking the Next button. Clerk modified docket text to reflect 'Exparte'.Name of attorney who electronically filed this document does not match name of signatory attorney on pleading. The user log−in and password serve as the required signature for purposes of Rule 11 of the FRCP. No further action is necessary. (Reference: all cases)(gbw, ) (Entered: 03/19/2009)
452 ORDER granting 448 Motion to Withdraw as Attorney. Attorney Brad P. Scott; Michael Thomas Tusa, Jr; Clarence F. Favret, III and Ashley Brooke Robinson terminated. Signed by Judge Jay C. Zainey on 3/19/09. (Reference: all cases)(gbw, ) Modified on 3/20/2009 (gbw, ). (copy to Ticos Construction LLC) (Entered: 03/20/2009)
453 ORDER that by 4/20/09, Ticos Construction LLC shall enroll counsel to represent it in this matter. Failure to comply with this order will result in a dismissal of Ticos' claims. Signed by Judge Jay C. Zainey on 3/31/09.(Reference: all cases)(gbw, ) (Entered: 03/31/2009)
454 NOTICE of Service of Answers to Court Interrogatories. by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima, Sergio Alho, Fabio Lima, Jose Duarte re 436 Order (Reference: 06−7804)(Picard, Nancy) Modified on 4/1/2009 (gbw, ). (Entered: 03/31/2009)
455 AMENDED AND CORRECTED NOTICE of Service of Answers to Court Interrogatories by Vanda Lima(06−7804), Orestes Daniel Obando, Adan Gonzalez, Sergio Alho, Fabio Lima, Jose Duarte re 453 Order, (Reference: 06−7804)(Picard, Nancy) Modified on 4/2/2009 (gbw, ). (Entered: 04/01/2009)
456 RESPONSE/MEMORANDUM in Opposition to Motion filed by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima(06−7804), Sergio Alho, Fabio Lima, Jose Duarte re 450 MOTION to Dismiss Party Aparecida Espedito, Joao Batista Filho, and G. Rubia MOTION to Strike 440 Amended Complaint. (Reference: 06−7804)(Picard, Nancy) Modified on 4/8/2009 (gbw, ). (Entered: 04/07/2009)
457 SUMMONS Returned Executed; M2/Royal Construction, Inc. served on 4/8/2009, answer due 4/28/2009. (Reference: 06−7804, 08−3736)(Pelleteri, Erin) (Entered: 04/09/2009)
458 EXPARTE/CONSENT MOTION for Leave to File Reply Brief in Further Support of Motion to Dismiss and to Strike by Belfor USA Group Inc.. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Reference: 06−7804)(Pelleteri, Erin) (Entered: 04/14/2009)
459 MOTION to Compel Responses to Court−Ordered Interrogatories, MOTION to Dismiss by Belfor USA Group Inc. Motion(s) referred to Daniel E. Knowles, III. Motion Hearing set for 4/29/2009 11:00 AM before Magistrate Judge Daniel E.

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04/15/2009 04/16/2009 04/16/2009 04/16/2009 04/20/2009 04/22/2009 04/23/2009 04/23/2009
04/27/2009
04/28/2009
04/28/2009 04/28/2009 04/28/2009

Knowles III. (Attachments: # 1 Memorandum in Support, # 2 Notice of Hearing, # 3 Exhibit, # 4 Exhibit A)(Reference: 06−7804)(Pelleteri, Erin) Modified on 4/15/2009 to remove deficiency per chambers (sek, ). (Entered: 04/14/2009)
460 Correction of Docket Entry by Clerk re 459 MOTION to Compel Responses to Court−Ordered Interrogatories MOTION to Dismiss: Document no longer deemed deficient per chambers. (Reference: 06−7804)(sek, ) (Entered: 04/15/2009)
461 ORDER re 459 MOTION to Compel Responses to Court−Ordered Interrogatories, MOTION to Dismiss: ORAL Hearing on 4/29/2009 at 11:00 AM. Signed by Magistrate Judge Daniel E. Knowles, III on 4/16/2009.(Reference: 06−491, 06−7804)(mmm, ) (Entered: 04/16/2009)
462 ORDER granting 458 Motion for Leave to File reply memo in further support of motion to dismiss and to strike. Signed by Judge Jay C. Zainey on 4/15/09. (Reference: 06−7804)(gbw, ) (Entered: 04/16/2009)
463 REPLY MEMORANDUM in Further Support filed by Belfor USA Group Inc. re 450 MOTION to Dismiss Party Aparecida Espedito, Joao Batista Filho, and G. Rubia MOTION to Strike 440 Amended Complaint.(Reference: 06−7804)(gbw, ) (Entered: 04/16/2009)
464 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Katie L. Dysart by Belfor USA Group Inc.. (Attachments: # 1 Proposed Order)(Reference: 06−0491, 06−7804, 08−0949, 08−3736)(Griffith, Steven) (Entered: 04/20/2009)
465 ORDER granting 464 Motion to Enroll as Counsel of Record for Attorney Katie L. Dysart for Belfor USA Group, Inc.. Signed by Judge Jay C. Zainey on 4/21/09. (Reference: all cases)(gbw, ) (Entered: 04/22/2009)
466 NOTICE of service of answers to court interrogatories by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima(06−7804), Sergio Alho, Fabio Lima, Jose Duarte re 436 Order (Reference: 06−7804)(Picard, Nancy) Modified on 4/24/2009 (gbw, ). (Entered: 04/23/2009)
467 RESPONSE to Motion filed by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima(06−7804), Sergio Alho, Fabio Lima, Jose Duarte re 459 MOTION to Compel Responses to Court−Ordered Interrogatories MOTION to Dismiss Plaintiffs' Response to Defendant's Motion to Dismiss, or in the Alternative to Compel. (Attachments: # 1 Exhibit 1)(Reference: 06−7804)(Picard, Nancy) (Entered: 04/23/2009)
468 EXPARTE/CONSENT MOTION for Leave to File Reply to Plaintiffs' Response to Defendant's Motion to Dismiss, or Alternatively, to Compel by Belfor USA Group Inc.. Motion(s) referred to Daniel E. Knowles, III. (Attachments: # 1 Proposed Pleading Reply to Plaintiffs' Response to Defendant's Motion to Dimiss, or Alternatively, to Compel, # 2 Proposed Order)(Reference: 06−7804)(Dysart, Katie) (Entered: 04/27/2009)
469 NOTICE by Juan Antonio Alfaro Nava, Adaildo M. Pereira, Elio Escovar, Glenton Houston Gillespie, Ricardo Manuel, Regina Toledo Melgar, Joao Batista Silva, James Chad Stacks of Filing Consents to Join FLSA Collective Action. (Attachments: # 1 Exhibit A)(Reference: 08−3736)(Verwys, Mark) (Entered: 04/28/2009)
470 ORDER granting 468 Motion for Leave to File reply re motion to dismiss, or in the alternative, to compel. Signed by Magistrate Judge Daniel E. Knowles, III on 4/28/09. (Reference: 06−7804)(sek, ) (Entered: 04/28/2009)
471 REPLY to Response to Motion filed by Belfor USA Group, Inc. re 459 MOTION to Compel Responses to Court−Ordered Interrogatories, MOTION to Dismiss. (Reference: 06−7804)(sek, ) (Entered: 04/28/2009)
472 ORDER that the 450 Motion to Dismiss and Motion to Strike is granted in part and denied in part. The motion is GRANTED insofar as all claims brought by Joao Batista Filho and G. Rubia are DISMISSED. The motion is DENIED in all other respects. Signed by Judge Jay C. Zainey on 4/28/09. (Reference: 06−7804)(gbw, ) (Entered: 04/28/2009)

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04/29/2009
04/30/2009 05/01/2009 05/04/2009 05/07/2009 05/12/2009 05/13/2009 05/14/2009 05/15/2009 05/15/2009 05/15/2009 05/15/2009 05/18/2009
05/18/2009 05/20/2009

473 Minute Order. Proceedings held before Magistrate Judge Daniel E. Knowles, III: Motion Hearing held on 4/29/2009. Ordered that Defendant's Motion ( 459 is DENIED IN PART insofar as it seeks the sanction of dismissal at FURTHER ORDERED that Defendant's 459 MOTION to Compel is GRANTED IN PART as set forth in document. (Reference: 06−7804)(sek, ) (Entered: 04/30/2009)
474 EXPARTE/CONSENT MOTION for Extension of Deadlines to Respond to Court−Ordered Interrogatories by Belfor USA Group Inc.. (Attachments: # 1 Proposed Order)(Reference: 06−7804)(Pelleteri, Erin) (Entered: 04/30/2009)
475 ORDER granting 474 Motion for Extension of Time to respond to court ordered interrogatories. Signed by Judge Jay C. Zainey on 5/1/09. (Reference: 06−7804)(gbw, ) (Entered: 05/04/2009)
476 NOTICE by Belfor USA Group Inc. of Service of Responses to Court's Interrogatories and Requests for Production re: 436 Order. (Reference: 06−7804)(Dysart, Katie) (Entered: 05/04/2009)
477 ORDER Status Conference set for 5/21/2009 10:30 AM before Judge Jay C. Zainey to discuss trial deadlines in the Nava matter. CMO due 5/20/09 noon. Signed by Judge Jay C. Zainey on 5/7/09.(Reference: 08−3736)(jrc, ) (Entered: 05/08/2009)
478 ANSWER to 440 Amended Complaint by Belfor USA Group Inc..(Reference: 06−7804)(Griffith, Steven) (Entered: 05/12/2009)
479 DEFICIENT. EXPARTE/CONSENT MOTION for Entry of Default as to M2/Royal Construction, Inc. by Belfor USA Group, Inc.(08−3736). (Attachments: # 1 Proposed Order)(Reference: 06−7804, 08−3736)(Pelleteri, Erin) Modified on 5/14/2009 (gbw, ). (Entered: 05/13/2009)
480 EXPARTE/CONSENT MOTION for Entry of Default as to M2/Royal Construction, Inc. by Belfor USA Group, Inc.(08−3736). (Attachments: # 1 Proposed Order, # 2 Exhibit A)(Reference: 08−3736, 06−7804)(Pelleteri, Erin) (Entered: 05/14/2009)
481 ORDER denying 480 Motion for Entry of Default. Signed by Clerk. (Reference: 06−7804, 08−3736)(jrc, ) (Entered: 05/15/2009)
483 EXPARTE MOTION for Entry of Default as to M2/Royal Construction, Inc. by Belfor USA Group Inc.. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Reference: 06−7804, 08−3736)(Pelleteri, Erin) Modified on 5/18/2009 (gbw, ). (Entered: 05/15/2009)
484 ORDER (NAVA) Status Conference reset for 6/1/2009 10:30 AM before Judge Jay C. Zainey.. Signed by Judge Jay C. Zainey.(Reference: 08−3736)(jrc, ) (Entered: 05/15/2009)
486 ORDER granting 483 Motion for Entry of Default as to M2/Royal Construction, Inc. as to liability on all counts of the third party demand of Belfor USA Group, Inc.. Signed by Judge Jay C. Zainey on 5/15/09. (Attachments: # 1 Address) (Reference: 06−7804, 08−3736)(gbw, ) (Entered: 05/18/2009)
485 Correction of Docket Entry by Clerk re 483 MOTION for Entry of Default as to M2/Royal Construction, Inc. Filing attorney should have changed 'N' to 'Y' at the question 'Is this an Exparte/Consent Motion Y/N?' before clicking the Next button. Clerk modified docket text to reflect 'Exparte'. (Reference: 06−7804, 08−3736)(gbw, ) (Entered: 05/18/2009)
488 NOTICE by Belfor USA Group Inc. of Service of Second Set of Responses to Court's Interrogatories and Requests for Production re: 436 Order. (Reference: 06−7804)(Dysart, Katie) (Entered: 05/18/2009)
490 NOTICE of Updated Notice of Service of Answers to Court Interrogatories. by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima(06−7804), Sergio Alho, Fabio Lima, Jose Duarte re 436 Order(Reference: 06−7804)(Picard, Nancy) Modified on 5/21/2009 (gbw, ). (Entered: 05/20/2009)

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05/21/2009 05/22/2009 05/22/2009 05/27/2009 05/27/2009 05/28/2009 05/28/2009 06/02/2009 06/04/2009 06/04/2009 06/05/2009 06/08/2009 06/08/2009 06/09/2009

491 NOTICE of Updated Notice of Service of Answers to Court Interrogatories by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima(06−7804), Sergio Alho, Fabio Lima, Jose Duarte re 436 Order. (Reference: 06−7804)(Picard, Nancy) Modified on 5/22/2009 (gbw, ). (Entered: 05/21/2009)
492 MOTION Discovery Sanctions by Belfor USA Group Inc.. Motion(s) referred to Daniel E. Knowles, III. Motion Hearing set for 6/10/2009 11:00 AM before Magistrate Judge Daniel E. Knowles III. (Attachments: # 1 Memorandum in Support, # 2 Notice of Hearing)(Reference: 06−7804)(Pelleteri, Erin) (Entered: 05/22/2009)
493 EXPARTE/CONSENT MOTION to Expedite Hearing on Motion for Discovery Sanctions by Belfor USA Group Inc.. Motion(s) referred to Daniel E. Knowles, III. (Attachments: # 1 Proposed Order)(Reference: 06−7804)(Pelleteri, Erin) (Entered: 05/22/2009)
495 MOTION to Continue Pretrial Deadlines and Trial Date by Belfor USA Group Inc.. Motion Hearing set for 6/24/2009 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support, # 2 Notice of Hearing)(Reference: 08−949)(Pelleteri, Erin) (Entered: 05/27/2009)
496 EXPARTE/CONSENT MOTION to Expedite by Belfor USA Group Inc.. (Attachments: # 1 Proposed Order)(Reference: 08−949)(Pelleteri, Erin) (Entered: 05/27/2009)
497 ORDER GRANTING 496 MOTION to Expedite Hearing on 495 MOTION to Continue Pretrial Deadlines and Trial Date; Motion to Continue is set for 6/4/2009 on the briefs. Opposition memos due 6/4/09 12:00 p.m. Signed by Judge Jay C. Zainey.(Reference: 08−949)(jrc, ) (Entered: 05/28/2009)
498 ORDER (NAVA) Status Conference RESET for 6/18/2009 11:00 AM before Judge Jay C. Zainey. CMO due 6/16/09 4:00 p.m. Signed by Judge Jay C. Zainey.(Reference: 08−3736)(jrc, ) (Entered: 05/28/2009)
501 RESPONSE/MEMORANDUM in Opposition filed by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima(06−7804), Sergio Alho, Fabio Lima, Jose Duarte re 492 MOTION Discovery Sanctions Plaintiffs' Memorandum in Opposition to Defendant's Motion for Discovery Sanctions. (Reference: 06−7804)(Picard, Nancy) (Entered: 06/02/2009)
502 MOTION to Dismiss by Belfor USA Group, Inc.(a Delaware Corporation (06−7804 )). Motion Hearing set for 6/24/2009 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support, # 2 Notice of Hearing)(Reference: 08−949)(Pelleteri, Erin) (Entered: 06/04/2009)
503 ORDER Setting ORAL ARGUMENT on 492 MOTION for Discovery Sanctions : Motion Hearing set for 6/10/2009 11:00 AM before Magistrate Judge Daniel E. Knowles III. Signed by Magistrate Judge Daniel E. Knowles, III on 6/4/09.(Reference: 06−491 &06−7804)(sek, ) (Entered: 06/04/2009)
505 ORDER (TICOS) granting 495 Motion to Continue Trial and Deadlines pending disposition of Belfor's Motion to Dismiss the claims of Ticos. Signed by Judge Jay C. Zainey on 6/5/09. (Reference: 08−949)(jrc, ) (Entered: 06/08/2009)
506 EXPARTE/CONSENT MOTION for Leave to File Reply Brief by Belfor USA Group Inc.. Motion referred to Magistrate Judge Daniel E. Knowles, III. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Reference: 06−7804)(Pelleteri, Erin) Modified to refer to mag on 6/8/2009 (gbw, ). (NEF: Mag. Knowles) (Entered: 06/08/2009)
508 Correction of Docket Entry by Clerk re 506 MOTION for Leave to File Reply Brief. Filing attorney should have changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the magistrate judge. Clerk took corrective action. (Reference: 06−7804)(gbw, ) (Entered: 06/08/2009)
509 ORDER granting 506 Motion for Leave to File reply re motion for discovery sanctions. Signed by Magistrate Judge Daniel E. Knowles, III on 6/9/09.

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06/09/2009 06/10/2009
06/18/2009 06/19/2009 06/22/2009 06/23/2009 06/23/2009
06/24/2009 06/24/2009
06/25/2009 06/26/2009 06/26/2009 07/09/2009 07/13/2009

(Reference: 06−7804)(sek, ) (Entered: 06/09/2009)
510 RESPONSE/MEMORANDUM in Support filed by Belfor USA Group Inc. re 492 MOTION Discovery Sanctions. (Reference: 06−7804)(sek, ) (Entered: 06/09/2009)
511 Minute Order. Proceedings held before Magistrate Judge Daniel E. Knowles, III: Motion Hearing held on 6/10/2009. Ordered that 492 MOTION Discovery Sanctions filed by Belfor USA Group Inc. is GRANTED. Counsel shall confer and submit a list of the thirty−seven (37) plaintiffs' names to which the discovery sanction (dismissal with prejudice) applies. (Reference: 06−7804)(sek, ) (Entered: 06/10/2009)
516 (NAVA) Minute Entry for proceedings held before Judge Jay C. Zainey: Status Conference held on 6/18/2009. Status Conference set for 9/24/2009 2:30 PM before Judge Jay C. Zainey. Deadlines set herein. (Reference: 08−3736)(jrc, ) (Entered: 06/18/2009)
517 EXPARTE MOTION by Belfor USA Group Inc. for Entry of Judgment (Attachments: # 1 Proposed Order Judgment)(Reference: 06−7804)(Dysart, Katie) Modified on 6/22/2009 (gbw, ). (Entered: 06/19/2009)
520 JUDGMENT entered in favor of Belfor USA Group, Inc. against Moises Augusto et al. Signed by Judge Jay C. Zainey on 6/22/09.(Reference: 06−7804)(gbw, ) (Additional attachment(s) added on 6/23/2009: # 1 Main Document) (gbw, ). (Entered: 06/23/2009)
521 Correction of Docket Entry by Clerk re 520 Judgment. Attached blank image of document. Clerk took corrective action. (Reference: 06−491)(gbw, ) (Entered: 06/23/2009)
524 MOTION to Compel by Belfor USA Group Inc.. Motion(s) referred to Daniel E. Knowles, III. Motion Hearing set for 7/8/2009 11:00 AM before Magistrate Judge Daniel E. Knowles III. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit Rule 37 Certificate, # 4 Notice of Hearing)(Reference: 06−7804)(Pelleteri, Erin) (Entered: 06/23/2009)
525 ORDER Setting ORAL ARGUMENT on 524 MOTION to Compel : Motion Hearing set for 7/8/2009 11:00 AM before Magistrate Judge Daniel E. Knowles III. Signed by Magistrate Judge Daniel E. Knowles, III on 6/24/09.(Reference: all cases)(sek, ) (Entered: 06/24/2009)
527 ORDER granting 502 Motion to Dismiss filed by Belfor USA Group, Inc. The complaint in C.A. 08−949 is DISMISSED w/o prej; FURTHER ORDERED that Ticos' counterclaim against Belfor in C.A. 06−7804 is DISMISSED w/o prej. Signed by Judge Jay C. Zainey. (Reference: 06−7804, 08−949)(gbw, ) Modified on 6/25/2009 (gbw, ). (Entered: 06/25/2009)
526 EXPARTE/CONSENT MOTION to Continue Hearing on Motion to Compel by Belfor USA Group Inc.. Motion(s) referred to Daniel E. Knowles, III. (Attachments: # 1 Proposed Order)(Reference: 06−7804)(Pelleteri, Erin) (Entered: 06/25/2009)
528 ORDER granting 526 MOTION to Continue. ORDER Resetting Hearing on 524 MOTION to Compel : Motion Hearing RESET for 7/15/2009 11:00 AM before Magistrate Judge Daniel E. Knowles III. Signed by Magistrate Judge Daniel E. Knowles, III on 6/26/09.(Reference: 06−7804)(sek, ) (Entered: 06/26/2009)
529 NOTICE by Belfor USA Group Inc. of Service of Responses to Court's Interrogatories and Requests for Production. (Reference: 06−7804)(Dysart, Katie) (Entered: 06/26/2009)
534 NOTICE by Belfor USA Group Inc. of Service of Fourth Set of Responses to Court's Interrogatories and Requests for Production re: 436 Order. (Reference: 06−7804)(Dysart, Katie) (Entered: 07/09/2009)
535 CONSENT DISCOVERY ORDER granting 524 Motion to Compel as set forth in document. Signed by Magistrate Judge Daniel E. Knowles, III on 7/13/09. (Reference: 06−7804)(sek, ) (Entered: 07/13/2009)

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07/15/2009 07/21/2009
07/22/2009 07/22/2009 07/23/2009 07/28/2009
07/28/2009 07/29/2009 07/30/2009
07/30/2009 07/30/2009 07/31/2009 08/03/2009

539 NOTICE by Adaildo M. Pereira, Elio Escovar, Glenton Houston Gillespie, Ricardo Manuel, Regina Toledo Melgar, Joao Batista Silva, Delmy Reyes Bayde, Lourdes Garces, Agnelio Jurado, Carmen Rodriguez, Celia Sacoto of Service of 1st Interrogatories and 1st Request for Production on Belfor USA. (Reference: 08−3736)(Verwys, Mark) (Entered: 07/15/2009)
542 MOTION for Sanctions (Discovery) by Belfor USA Group Inc.. Motion(s) referred to Daniel E. Knowles, III. Motion Hearing set for 8/5/2009 11:00 AM before Magistrate Judge Daniel E. Knowles III. (Attachments: # 1 Memorandum in Support, # 2 Notice of Hearing, # 3 Proposed Pleading Rule 37 Certificate, # 4 Exhibit A − Part 1 of 3, # 5 Exhibit A − Part 2 of 3, # 6 Exhibit A − Part 3 of 3, # 7 Exhibit B, # 8 Exhibit C, # 9 Exhibit D)(Reference: 08−3736)(Dysart, Katie) (Entered: 07/21/2009)
545 ORDER granting 544 Motion for Leave to File Reply to Belfor's memo re 2nd motion to enforce the settlement agreement. Signed by Magistrate Judge Daniel E. Knowles, III on 7/21/09. (Reference: 06−491)(gbw, ) (Entered: 07/23/2009)
546 Reply to Response to Motion re 2nd Motion to Enforce the Settlement Agreement. (Reference: 06−491)(gbw, ) (Entered: 07/23/2009)
543 ORDER Setting ORAL ARGUMENT on 542 MOTION for Sanctions (Discovery) : Motion Hearing set for 8/5/2009 11:00 AM before Magistrate Judge Daniel E. Knowles III. Signed by Magistrate Judge Daniel E. Knowles, III on 7/23/09.(Reference: 06−491, 06−7804 &08−949 &08−3736)(sek, ) (Entered: 07/23/2009)
547 MOTION to Compel Production of Privilege Log by Belfor USA Group Inc.. Motion(s) referred to Daniel E. Knowles, III. Motion Hearing set for 8/12/2009 11:00 AM before Magistrate Judge Daniel E. Knowles III. (Attachments: # 1 Memorandum in Support, # 2 Notice of Hearing, # 3 Proposed Pleading Rule 37 Certificate, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D)(Reference: 06−7804; 08−3736)(Dysart, Katie) (Entered: 07/28/2009)
548 RESPONSE to Motion filed by Adaildo M. Pereira, Elio Escovar, Glenton Houston Gillespie, Regina Toledo Melgar, Joao Batista Silva, Lourdes Garces, Agnelio Jurado, Carmen Rodriguez re 542 MOTION for Sanctions (Discovery) MOTION for Sanctions (Discovery). (Reference: 08−3736)(Verwys, Mark) (Entered: 07/28/2009)
549 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by Belfor USA Group Inc.. (Attachments: # 1 Proposed Order)(Reference: 06−0491, 06−7804, 08−949, 08−3736)(Griffith, Steven) (Entered: 07/29/2009)
550 DEFICIENT. EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Robert Alvarez (Filing fee $5.) by Adaildo M. Pereira, Elio Escovar, Glenton Houston Gillespie, Ricardo Manuel, Regina Toledo Melgar, Joao Batista Silva, Delmy Reyes Bayde, Lourdes Garces, Agnelio Jurado, Carmen Rodriguez, Celia Sacoto. (Attachments: # 1 Affidavit &Certificate # 2 Proposed Order)(Reference: 08−3736)(Picard, Nancy) Modified on 7/31/2009 (gbw, ). (Entered: 07/30/2009)
552 STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Daniel E. Knowles, III on 7/30/09.(Reference: 08−3736)(gbw, ) (Entered: 07/31/2009)
553 ORDER Setting/Resetting ORAL Hearing on 547 MOTION to Compel Production of Privilege Log : Motion Hearing set for 8/12/2009 11:00 AM before Magistrate Judge Daniel E. Knowles III.. Signed by Magistrate Judge Daniel E. Knowles, III.(Reference: 06−491, 06−7804, 08−949, 08−3736)(car, ) (Entered: 07/31/2009)
554 ORDER granting 549 Motion to Enroll additional attorney Anne Derbes Wittmann for Belfor USA Group, Inc.. Signed by Judge Jay C. Zainey on 7/31/09. (Reference: all cases)(jrc, ) (Entered: 08/03/2009)
555 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Robert Alvarez (Filing fee $5. PAID) by Adaildo M. Pereira, Elio Escovar, Glenton Houston Gillespie, Ricardo Manuel, Regina Toledo Melgar, Joao Batista Silva, Delmy Reyes Bayde, Lourdes Garces, Agnelio Jurado, Carmen Rodriguez, Celia Sacoto. (Attachments: # 1 Affidavit, # 2 Proposed Order)(Reference: 08−3736)(Picard, Nancy) Modified

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08/04/2009 08/04/2009 08/04/2009 08/04/2009 08/05/2009 08/05/2009 08/05/2009 08/13/2009
08/14/2009 08/14/2009 08/18/2009
08/18/2009

on 8/4/2009 (gbw, ). Modified to fee paid on 8/5/2009 (gbw, ). (Entered: 08/03/2009)
556 EXPARTE MOTION for Leave to File Reply Memorandum in Further Support of Belfor's Motion for Discovery Sanctions by Belfor USA Group Inc.. Motion(s) referred to Daniel E. Knowles, III. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Reference: 08−3736)(Pelleteri, Erin) Modified text on 8/5/2009 (gbw, ). (Entered: 08/04/2009)
557 ORDER granting 556 Motion for Leave to File Reply to the Nava Plaintiffs' Opposition to Belfor's Motion for Discovery Sanctions. Signed by Magistrate Judge Daniel E. Knowles, III on 8/4/09. (Reference: 08−3736)(sek, ) (Entered: 08/04/2009)
558 RESPONSE/MEMORANDUM in Support filed by Belfor USA Group Inc. re 542 MOTION for Sanctions (Discovery). (Reference: 08−3736)(sek, ) (Entered: 08/04/2009)
559 RESPONSE to Motion filed by Adaildo M. Pereira, Elio Escovar, Glenton Houston Gillespie, Regina Toledo Melgar, Joao Batista Silva, Delmy Reyes Bayde, Carmen Rodriguez, Celia Sacoto, Joao Batista da Silva re 547 MOTION to Compel Production of Privilege Log. (Attachments: # 1 Exhibit A − August 4, 2009 Privilege Log)(Reference: 08−3736)(Verwys, Mark) (Entered: 08/04/2009)
560 ORDER dismissing as moot 547 Belfor USA Group Inc.'s Motion to Compel. Signed by Magistrate Judge Daniel E. Knowles, III on 8/5/09. (Reference: 08−3736)(sek, ) (Entered: 08/05/2009)
563 Minute Order. Proceedings held before Magistrate Judge Daniel E. Knowles, III: Motion Hearing held on 8/5/2009; Ordered that 542 MOTION for Discovery Sanctions is GRANTED in that IT IS RECOMMENDED that Dely Reyes Bayde, Ricardo Manuel and Celia Sacoto be dismissed with prejudice. (cc: Judge Zainey) (Reference: 08−3736)(sek, ) (Entered: 08/06/2009)
564 ORDER granting 555 Motion to Appear Pro Hac Vice as to Robert Anthony Alvarez for plaintiffs. Signed by Judge Jay C. Zainey on 8/4/09. (Reference: 08−3736)(gbw, ) (Entered: 08/06/2009)
567 MOTION for Extension of Deadlines by Belfor USA Group Inc.. Motion referred to Magistrate Judge Danie E. Knowles, III. Motion Hearing set for 9/2/2009 11:00 AM before Magistrate Judge Daniel E. Knowles III. (Attachments: # 1 Memorandum in Support, # 2 Exhibit "1" in globo, # 3 Notice of Hearing, # 4 Rule 37 Certificate)(Reference: 08−3736)(Dysart, Katie) Modified to refer to mag on 8/14/2009 (gbw, ). (Entered: 08/13/2009)
568 Correction of Docket Entry by Clerk re 567 MOTION for Extension of Deadlines. Filing attorney should have changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the magistrate judge. Clerk took corrective action. (Reference: 08−3736)(gbw, ) (Entered: 08/14/2009)
569 ORDER Setting ORAL ARGUMENT on 567 MOTION for Extension of Deadlines : Motion Hearing set for 9/2/2009 11:00 AM before Magistrate Judge Daniel E. Knowles III. Signed by Magistrate Judge Daniel E. Knowles, III on 8/14/09.(Reference: all cases)(sek, ) (Entered: 08/14/2009)
572 ERROR: DUPLICATE DOCUMENT SAME AS DOC. #573. MOTION to Compel Appearances by Belfor USA Group Inc.. Motion(s) referred to Daniel E. Knowles, III. Motion Hearing set for 9/2/2009 11:00 AM before Magistrate Judge Daniel E. Knowles III. (Attachments: # 1 Memorandum in Support, # 2 Proposed Pleading Rule 37 Certificate, # 3 Notice of Hearing)(Reference: 08−3736)(Dysart, Katie) Modified on 8/19/2009 (gbw, ). (Entered: 08/18/2009)
573 MOTION to Compel Appearances by Belfor USA Group Inc.. Motion(s) referred to Daniel E. Knowles, III. Motion Hearing set for 9/2/2009 11:00 AM before Magistrate Judge Daniel E. Knowles III. (Attachments: # 1 Memorandum in Support, # 2 Exhibit "A" in globo, # 3 Proposed Pleading Rule 37 Certificate, # 4 Notice of Hearing)(Reference: 08−3736)(Dysart, Katie) (Entered: 08/18/2009)

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08/19/2009 08/19/2009 08/24/2009
08/27/2009 08/28/2009 08/31/2009
09/01/2009
09/01/2009 09/01/2009
09/01/2009 09/01/2009 09/01/2009

574 Correction of Docket Entry by Clerk re 572 MOTION to Compel Appearances. This is a duplicate filing of document #573 with exhibit and will be noted as such. No further action is necessary. (Reference: 08−3736)(gbw, ) (Entered: 08/19/2009)
575 ORDER Resetting Oral Hearing on 573 MOTION to Compel Appearances :for 9/2/2009 11:00 AM before Magistrate Judge Daniel E. Knowles III. Signed by Magistrate Judge Daniel E. Knowles, III on 8/19/2009.(Reference: All Cases)(mmm, ) (Entered: 08/19/2009)
577 RESPONSE/MEMORANDUM in Opposition filed by Adaildo M. Pereira, Elio Escovar, Glenton Houston Gillespie, Regina Toledo Melgar, Joao Batista Silva, Lourdes Garces, Agnelio Jurado, Carmen Rodriguez re 567 MOTION for Extension of Deadlines. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C, # 4 Appendix D)(Reference: 08−3736)(Verwys, Mark) (Entered: 08/24/2009)
580 EXPARTE MOTION by Belfor USA Group Inc. for Entry of Judgment (Attachments: # 1 Proposed Order Judgment)(Reference: 08−3736)(Dysart, Katie) Modified event on 8/28/2009 (gbw, ). (Entered: 08/27/2009)
581 Correction of Docket Entry by Clerk re 580 Request. Filing attorney selected incorrect event. Correct event is Motion for Miscellaneous. Clerk took corrective action by changing the event. (Reference: 08−3736)(gbw, ) (Entered: 08/28/2009)
582 EXPARTE MOTION for Leave to File Reply in Support of Opposed Motion for Extension of Time by Belfor USA Group Inc.. Motion referred to Magistrate Judge Daniel E. Knowles, III. (Attachments: # 1 Proposed Pleading Reply in Support of Opposed Motion for Extension of Time, # 2 Proposed Order)(Reference: 08−3736)(Dysart, Katie) Modified on 9/1/2009 (gbw, ). (NEF: Mag. Knowles) (Entered: 08/31/2009)
583 Correction of Docket Entry by Clerk re 582 MOTION for Leave to File Reply in Support of Opposed Motion for Extension of Time. Filing attorney should have changed 'N' to 'Y' at the question 'Is this an Exparte/Consent Motion Y/N?' before clicking the Next button. Clerk modified docket text to reflect 'Exparte'. Filing attorney should have changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the magistrate judge. Clerk took corrective action. (Reference: 08−3736)(gbw, ) (Entered: 09/01/2009)
584 ORDER granting 582 Motion for Leave to File reply re motion for extension of time to respond to discovery requests. Signed by Magistrate Judge Daniel E. Knowles, III on 9/1/09. (Reference: 08−3736)(sek, ) (Entered: 09/01/2009)
585 ORDER granting 573 Motion to Compel in that plaintiffs Agnelio Jurado and Adaildo M. Periera shall appear for a deposition in Louisiana no later than September 18, 2009.1 Should Agnelio Jurado and Adaildo M. Periera fail to appear for their depositions by September 18, 2009, this Order reserves all rights to defendant Belfor USA Group, Inc. to re−urge at that time their motion to dismiss the two plaintiffs with prejudice and their motion for attorneys' fees and costs under Federal Rule of Civil Procedure 37, should circumstances so warrant. Signed by Magistrate Judge Daniel E. Knowles, III. (Reference: 08−3736)(sek, ) (Entered: 09/01/2009)
586 RESPONSE/MEMORANDUM in Support filed by Belfor USA Group Inc. re 567 MOTION for Extension of Time. (Reference: 08−3736)(sek, ) (Entered: 09/01/2009)
587 JUDGMENT granting 580 MOTION for Entry of Judgment filed by Belfor USA Group Inc.; The claims of Delmy Reyes Bayde, Ricardo Manuel, and Celio Sacoto are dismissed w/prej, with each pty to bear its own costs. Signed by Judge Jay C. Zainey on 8/31/09.(Reference: 08−3736)(gbw, ) (Entered: 09/01/2009)
588 MOTION to Compel Responses to Court Ordered Interrogatories and Requests for Production by Vanda Lima(06−7804), Orestes Daniel Obando, Adan Gonzalez, Sergio Alho, Fabio Lima, Jose Duarte. Motion(s) referred to Daniel E. Knowles, III. Motion Hearing set for 9/16/2009 11:00 AM before Magistrate Judge Daniel E. Knowles III. (Attachments: # 1 Memorandum in Support, # 2 Exhs 1−2, # 3 Exhs

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 100 of 108

09/01/2009 09/01/2009 09/01/2009 09/01/2009 09/02/2009 09/02/2009
09/09/2009 09/09/2009
09/09/2009 09/10/2009 09/10/2009

3−7, # 4 Rule 37 Certificate, # 5 Notice of Hearing)(Reference: 06−7804)(Urann, Robert) (Entered: 09/01/2009)
589 MOTION for Extension of Discovery Deadlines by Orestes Daniel Obando, Adan Gonzalez, Vanda Lima(06−7804), Sergio Alho, Fabio Lima, Jose Duarte. Motion Hearing set for 9/16/2009 09:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Notice of Hearing)(Reference: 06−7804)(Urann, Robert) Modified text on 9/2/2009 (gbw, ). (Entered: 09/01/2009)
590 MOTION to Continue and Reset Motion to Compel by Belfor USA Group Inc.. Motion(s) referred to Daniel E. Knowles, III. Motion Hearing set for 9/16/2009 11:00 AM before Magistrate Judge Daniel E. Knowles III. (Attachments: # 1 Memorandum in Support, # 2 Notice of Hearing)(Reference: 06−7804)(Griffith, Steven) (Entered: 09/01/2009)
591 EXPARTE/CONSENT MOTION to Expedite Hearing on Motion to Continue and Reset Hearing on Motion to Compel by Belfor USA Group Inc.. Motion(s) referred to Daniel E. Knowles, III. (Attachments: # 1 Proposed Order)(Reference: 06−7804)(Griffith, Steven) (Entered: 09/01/2009)
592 MOTION for Summary Judgment by Belfor USA Group Inc.. Motion Hearing set for 9/16/2009 9:00 AM before Judge Jay C. Zainey. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Statement of Contested/Uncontested Facts, # 7 Notice of Hearing)(Reference: 06−7804)(Griffith, Steven) Modified on 9/2/2009 (gbw, ). (Entered: 09/01/2009)
593 Correction of Docket Entry by Clerk re 592 MOTION for Summary Judgment. Filing attorney selected incorrect hearing time. Correct hearing time is 9:00 AM. Clerk took corrective action. (Reference: 06−7804)(gbw, ) (Entered: 09/02/2009)
597 ORDER granting in part and denying in part 567 Motion for Extension of Deadlines; The Court orders defendant Belfor USA Group, Inc. to respond in full to the NAVA Plaintiffs' discovery requests no later than Friday, September 11, 2009. The Court extends the deadline for the corporate depositions of defendant Belfor USA Group, Inc. until Friday, October 2, 2009. The Court denies the Nava Plaintiffs' request to order defendant Belfor USA Group, Inc. to waive all objections to the subject written discovery. Signed by Magistrate Judge Daniel E. Knowles, III. (Reference: 08−3736)(sek, ) (Entered: 09/03/2009)
599 EXPARTE/CONSENT MOTION for James L. Betzold to Appear Pro Hac Vice by Orestes Daniel Obando, Adan Gonzalez, Sergio Alho, Fabio Lima, Jose Duarte. (Filing Fee $5.00 PAID) ( (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Proposed Order)(Reference: 06−7804)(Picard, Nancy) Modified to fee paid on 9/15/2009 (gbw, ). (Entered: 09/09/2009)
600 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice James L. Betzold (Filing fee $5. PAID) by Juan Antonio Alfaro Nava, Adaildo M. Pereira, Elio Escovar, Glenton Houston Gillespie, Regina Toledo Melgar, Joao Batista Silva, James Chad Stacks. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Proposed Order)(Reference: 08−3736)(Picard, Nancy) Modified on 9/10/2009 (gbw, ). Modified to fee paid on 9/15/2009 (gbw, ). (Entered: 09/09/2009)
601 EXPARTE/CONSENT MOTION to Continue Motion for Summary Judgment by Orestes Daniel Obando, Adan Gonzalez, Sergio Alho, Fabio Lima, Jose Duarte. (Attachments: # 1 Proposed Order)(Reference: 06−7804)(Urann, Robert) (Entered: 09/09/2009)
602 EXPARTE/CONSENT Joint MOTION Enter Consent Order by Belfor USA Group, Inc., Orestes Daniel Obando et al. Motion(s) referred to Daniel E. Knowles, III. (Attachments: # 1 Proposed Order)(Reference: 06−7804)(Pelleteri, Erin) Modified pty on 9/11/2009 (gbw, ). (Entered: 09/10/2009)
603 EXPARTE/CONSENT MOTION for Extension of Deadlines by Belfor USA Group Inc.. (Attachments: # 1 Proposed Order)(Reference: 06−7804)(Pelleteri, Erin) (Entered: 09/10/2009)

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09/10/2009 09/11/2009
09/11/2009 09/11/2009 09/14/2009 09/14/2009 09/14/2009 09/14/2009 09/15/2009 09/15/2009
09/15/2009 09/15/2009
09/16/2009
09/18/2009

610 ORDER Hearing on 592 MOTION for Summary Judgment; Motion Hearing reset for 9/30/2009 before Judge Jay C. Zainey. Signed by Judge Jay C. Zainey on 9/10/09.(Reference: 06−7804)(jrc, ) (Entered: 09/14/2009)
604 ORDERED that 588 the Obando plaintiffs' Motion to Compel Responses to Court Ordered Interrogatories is hereby denied without prejudice to re−file, if necessary; FURTHER ORDERED that 590 that Belfor USA Group, Inc.'s Motion to Continue &reset motion to compel &591 Motion to Expedite are hereby denied as moot. The Court shall retain jurisdiction over any issues connected to the dispute giving rise to the filing of the Obando plaintiffs' Motion to Compel. Signed by Magistrate Judge Daniel E. Knowles, III on 9/11/09. (Reference: 06−7804)(sek, ) (Entered: 09/11/2009)
605 Correction of Docket Entry by Clerk re 602 Joint MOTION Enter Consent Order. Filing attorney did not select Obando plaintiffs as a filer(s) in 06−7804. Clerk added filer. (Reference: 06−7804)(gbw, ) (Entered: 09/11/2009)
609 ORDER granting 603 Motion for Extension of Deadlines. Signed by Judge Jay C. Zainey on 9/11/09. (Reference: 06−7804)(jrc, ) (Entered: 09/14/2009)
611 Report &Recommendation. (Reference: 06−491)(gbw, ) (Entered: 09/14/2009)
612 EXPARTE/CONSENT Joint MOTION to Enter Protective Order by Juan Antonio Alfaro Nava, Orestes Daniel Obando, Belfor USA Group, Inc., Belfor USA Group Inc.. Motion(s) referred to Daniel E. Knowles, III. (Attachments: # 1 Proposed Order)(Reference: 06−7804, 08−3736)(Pelleteri, Erin) (Entered: 09/14/2009)
619 ORDER granting 599 Motion to Appear Pro Hac Vice as to James L. Betzold to appear for Orestes Daniel Obando, Adan Gonzalez, Sergio Alho, Fabio Lima, Jose Duarte. Signed by Judge Jay C. Zainey. (Reference: 06−7804)(ijg, ) (Entered: 09/17/2009)
620 ORDER granting 600 Motion to Appear Pro Hac Vice as to James L. Betzold as counsel for plaintiffs. Signed by Judge Jay C. Zainey on 9/10/2009. (Reference: 08−3736)(ijg, ) (Entered: 09/17/2009)
613 PROTECTIVE ORDER. Signed by Magistrate Judge Daniel E. Knowles, III on 9/15/09.(Reference: 06−7804 &08−3736)(sek, ) (Entered: 09/15/2009)
615 MOTION to Compel Appearances by Belfor USA Group Inc.. Motion(s) referred to Daniel E. Knowles, III. Motion Hearing set for 9/30/2009 11:00 AM before Magistrate Judge Daniel E. Knowles III. (Attachments: # 1 Memorandum in Support, # 2 Rule 37 Certificate, # 3 Notice of Hearing)(Reference: 06−7804)(Griffith, Steven) Modified attachment #2 description on 9/25/2009 (ecm, ). (Entered: 09/15/2009)
616 MOTION for Sanctions regarding Discovery by Belfor USA Group Inc.. Motion(s) referred to Daniel E. Knowles, III. Motion Hearing set for 9/30/2009 11:00 AM before Magistrate Judge Daniel E. Knowles III. (Attachments: # 1 Memorandum in Support, # 2 Exhibit "A", # 3 Exhibit "B", # 4 Notice of Hearing, # 5 Rule 37 Certificate)(Reference: 06−7804)(Griffith, Steven) (Entered: 09/15/2009)
617 MOTION for Sanctions regarding Discovery by Belfor USA Group Inc.. Motion(s) referred to Daniel E. Knowles, III. Motion Hearing set for 9/30/2009 11:00 AM before Magistrate Judge Daniel E. Knowles III. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Proposed Pleading Rule 37 Certificate, # 9 Notice of Hearing)(Reference: 08−3736)(Griffith, Steven) (Entered: 09/15/2009)
618 ORDER Setting ORAL ARGUMENT on 617 MOTION for Sanctions regarding Discovery, 615 MOTION to Compel Appearances, 616 MOTION for Sanctions regarding Discovery : Motion Hearing set for 9/30/2009 11:00 AM before Magistrate Judge Daniel E. Knowles III. Signed by Magistrate Judge Daniel E. Knowles, III on 9/16/09.(Reference: 06−491, 06−7804 &08−3736)(sek, ) (Entered: 09/16/2009)
621 ORDER granting 589 Motion for Extension of Deadlines. Signed by Judge Jay C. Zainey. (Reference: 06−7804)(jrc, ) (Entered: 09/18/2009)

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09/21/2009 09/21/2009
09/21/2009
09/22/2009 09/22/2009 09/22/2009 09/22/2009 09/22/2009

622 RESPONSE/MEMORANDUM in Opposition filed by Juan Antonio Alfaro Nava, Adaildo M. Pereira, Elio Escovar, Glenton Houston Gillespie, Regina Toledo Melgar, Joao Batista Silva, James Chad Stacks, Lourdes Garces, Agnelio Jurado, Carmen Rodriguez, Orestes Daniel Obando, Adan Gonzalez, Sergio Alho, Fabio Lima, Jose Duarte re 617 MOTION for Sanctions regarding Discovery, 573 MOTION to Compel Appearances, 615 MOTION to Compel Appearances, 616 MOTION for Sanctions regarding Discovery. (Reference: 06−0491, 08−3736)(Verwys, Mark) (Entered: 09/21/2009)
623 **ERROR − DUPLICATE FILING − PLEASE SEE DOC. #624** MOTION for Sanctions and Brief, MOTION for Extension of Deadlines and Brief by Juan Antonio Alfaro Nava, Adaildo M. Pereira, Elio Escovar, Glenton Houston Gillespie, Regina Toledo Melgar, Joao Batista Silva, James Chad Stacks, Lourdes Garces, Agnelio Jurado, Carmen Rodriguez. Motion(s) referred to Daniel E. Knowles, III. Motion Hearing set for 10/7/2009 11:00 AM before Magistrate Judge Daniel E. Knowles III. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E (filed under seal), # 6 Exhibit F (filed under seal), # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Reference: 08−3736)(Verwys, Mark) Modified on 9/21/2009 (cab). (Entered: 09/21/2009)
624 MOTION for Extension of Deadlines and Brief, MOTION for Sanctions and Brief by Juan Antonio Alfaro Nava, Adaildo M. Pereira, Elio Escovar, Glenton Houston Gillespie, Regina Toledo Melgar, Joao Batista Silva, James Chad Stacks, Lourdes Garces, Agnelio Jurado, Carmen Rodriguez. Motion(s) referred to Daniel E. Knowles, III. Motion Hearing set for 10/7/2009 11:00 AM before Magistrate Judge Daniel E. Knowles III. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E (filed under seal), # 6 Exhibit F (filed under seal), # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Rule 37 Certificate, # 12 Notice of Hearing)(Reference: 08−3736)(Verwys, Mark) Exhibit H Modified on 9/22/2009 per order #627 (sek, ). (Additional attachment(s) added on 9/30/2009: # 13 Exhibit E, # 14 Exhibit F) (gbw, ). (Additional attachment(s) added on 7/22/2011: # 15 sealed exhibits) (jrc, ). (Entered: 09/21/2009)
625 ORDER Setting ORAL ARGUMENT on 624 MOTION for Extension of Deadlines and Brief/ MOTION for Sanctions and Brief : Motion Hearing set for 10/7/2009 11:00 AM before Magistrate Judge Daniel E. Knowles III. Signed by Magistrate Judge Daniel E. Knowles, III on 9/22/09.(Reference: 08−3736)(sek, ) (Entered: 09/22/2009)
626 EXPARTE/CONSENT MOTION to Withdraw Document re 624 MOTION for Extension of Deadlines and Brief MOTION for Sanctions and Brief by Juan Antonio Alfaro Nava, Adaildo M. Pereira, Elio Escovar, Glenton Houston Gillespie, Ricardo Manuel, Joao Batista Silva, James Chad Stacks, Lourdes Garces, Agnelio Jurado. Motion(s) referred to Daniel E. Knowles, III. (Attachments: # 1 Proposed Order)(Reference: 08−3736)(Verwys, Mark) (Entered: 09/22/2009)
627 ORDER granting 626 Motion to Withdraw: ORDERED that the two−page e−mail enclosure to the three−page September 16, 2009 letter filed as Appendix H [Docket No. 624] on September 21, 2009 may and shall be immediately withdrawn from the public record. Signed by Magistrate Judge Daniel E. Knowles, III on 9/22/09. (Reference: 08−3736)(sek, ) (Entered: 09/22/2009)
628 MOTION to Compel Supplemental Production of Documents by Belfor USA Group Inc.. Motion(s) referred to Daniel E. Knowles, III. Motion Hearing set for 10/7/2009 11:00 AM before Magistrate Judge Daniel E. Knowles III. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Proposed Pleading Rule 37 Certificate, # 8 Proposed Order)(Reference: 06−7804 &08−3736)(Griffith, Steven) (Entered: 09/22/2009)
629 MOTION to Compel Production of Non−Privileged Documents by Belfor USA Group Inc.. Motion(s) referred to Daniel E. Knowles, III. Motion Hearing set for 10/7/2009 11:00 AM before Magistrate Judge Daniel E. Knowles III. (Attachments: # 1 Memorandum in Support, # 2 Rule 37 Certificate, # 3 Notice of Hearing, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12)(Reference: 06−7804, 08−3736)(Griffith, Steven)

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09/23/2009 09/23/2009 09/24/2009 09/24/2009 09/24/2009 09/28/2009 09/28/2009
09/29/2009 09/29/2009 09/29/2009

(Entered: 09/22/2009)
630 ORDER Setting ORAL ARGUMENT on 628 MOTION to Compel Supplemental Production of Documents, 629 MOTION to Compel Production of Non−Privileged Documents : Motion Hearing set for 10/7/2009 11:00 AM before Magistrate Judge Daniel E. Knowles III. Signed by Magistrate Judge Daniel E. Knowles, III on 9/23/09.(Reference: 06−7804, 08−3736)(sek, ) (Entered: 09/23/2009)
633 **DEFICIENT** RESPONSE/MEMORANDUM in Opposition filed by Orestes Daniel Obando, Adan Gonzalez, Sergio Alho, Fabio Lima, Jose Duarte re 592 MOTION for Summary Judgment. (Reference: 06−7804)(Urann, Robert) Modified on 9/24/2009 (caa, ). (Entered: 09/23/2009)
634 EXPARTE/CONSENT MOTION to file exhibits under seal by Juan Antonio Alfaro Nava, Adaildo M. Pereira, Elio Escovar, Glenton Houston Gillespie, Regina Toledo Melgar, Joao Batista Silva, James Chad Stacks, Lourdes Garces, Agnelio Jurado, Carmen Rodriguez. Motion(s) referred to Daniel E. Knowles, III. (Attachments: # 1 Proposed Order)(Reference: 08−3736)(Verwys, Mark) (Entered: 09/24/2009)
635 ORDER granting 634 Nava Plaintiffs' Motion To File Exhibits Under Seal. Signed by Magistrate Judge Daniel E. Knowles, III on 9/24/09. (Reference: 08−3736)(sek, ) (Entered: 09/24/2009)
636 RESPONSE/MEMORANDUM in Opposition filed by Orestes Daniel Obando, Adan Gonzalez, Sergio Alho, Fabio Lima, Jose Duarte re 592 MOTION for Summary Judgment. (Attachments: # 1 Statement of Contested/Uncontested Facts)(Reference: 06−7804)(Urann, Robert) (Entered: 09/24/2009)
637 EXPARTE/CONSENT MOTION for Leave to File Reply Brief in Further Support of Motions to Compel and For Fees and Sanctions by Belfor USA Group Inc.. Motion(s) referred to Daniel E. Knowles, III. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Reference: 06−7804, 08−3736)(Pelleteri, Erin) (Entered: 09/28/2009)
640 Minute Entry for proceedings held before Judge Jay C. Zainey: Status Conference held on 9/28/2009. ORDER that the order entered as Doc. 621 is VACATED &Doc. 589 is DISMISSED as moot; FURTHER ORDER that the Obando Plas shall have 3 weeks from today to identify to Def the specific project files that they seek. Def shall have 3 weeks thereafter to produce the corresponding file. FURTHER ORDER that dispositive mtns pertaining to conditional certification of an FLSA collective action in Nava shall be heard on 1/20/2010, with a filing date of 1/5/2010, &an opposition filing date of 1/12/2010. FURTHER ORDER that oral argument is SET for 3/31/2010 at 10:00 am on mtn to conditionally certify an FLSA collective action in Nava. Plas shall file mtn no later than 3/3/2010 &def shall file its opposition no later than, 3/15/2010 &plas' reply no later than 3/19/2010. (Reference: 06−7804 &08−3736)(caa, ) (Entered: 09/29/2009)
638 ORDER granting 637 Motion for Leave to File Reply brief re Motions to compel. Signed by Magistrate Judge Daniel E. Knowles, III on 9/29/09. (Reference: 06−7804 &08−3736)(sek, ) (Entered: 09/29/2009)
639 RESPONSE/MEMORANDUM in Support filed by Belfor USA Group Inc. re 617 MOTION for Sanctions regarding Discovery, 615 MOTION to Compel Appearances, 616 MOTION for Sanctions regarding Discovery. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Reference: 06−7804 &08−3736)(sek, ) (Entered: 09/29/2009)
641 MOTION for Discovery Sanctions by Belfor USA Group Inc.. Motion(s) referred to Daniel E. Knowles, III. Motion Hearing set for 10/14/2009 11:00 AM before Magistrate Judge Daniel E. Knowles III. (Attachments: # 1 Memorandum in Support, # 2 Exhibit "A" in globo, # 3 Proposed Pleading Rule 37 Certificate, # 4 Notice of Hearing)(Reference: 08−3736)(Griffith, Steven) Modified attachment #4 description on 9/30/2009 (gbw, ). (Entered: 09/29/2009)

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09/29/2009 09/29/2009 09/29/2009
09/30/2009 09/30/2009 09/30/2009
09/30/2009
09/30/2009 09/30/2009 09/30/2009 09/30/2009 10/02/2009

642 EXPARTE MOTION to Expedite Hearing on Motion for Discovery Sanctions by Belfor USA Group Inc.. Motion(s) referred to Daniel E. Knowles, III.(Attachments: # 1 Proposed Order)(Reference: 08−3736)(Griffith, Steven) Modified to remove hrg date &add exparte on 9/30/2009 (gbw, ). (Entered: 09/29/2009)
643 EXPARTE MOTION for Leave to File Reply Brief in Further Support of Belfors Motion for Summary Judgment by Belfor USA Group Inc.. (Attachments: # 1 Proposed Pleading # 2 Proposed Order)(Reference: 06−7804)(Dysart, Katie) Modified to add exparte on 9/30/2009 (gbw, ). (Entered: 09/29/2009)
644 SEE DOC #657 F0R CORRECT DOCUMENT. RESPONSE/MEMORANDUM in Opposition filed by Belfor USA Group Inc. re 624 MOTION for Extension of Deadlines and Brief MOTION for Sanctions and Brief. (Attachments: # 1 Exhibit # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Reference: 08−3736)(Pelleteri, Erin) Modified attachment description #1 on 9/30/2009 (gbw, ). (Entered: 09/29/2009)
645 Correction of Docket Entry by Clerk re 641 MOTION for Discovery Sanctions. Filing attorney selected category 'Proposed Order' instead of 'Notice of Hearing' when attaching notice of hearing. Clerk took corrective action. (Reference: 08−3736)(gbw, ) (Entered: 09/30/2009)
646 Correction of Docket Entry by Clerk re 642 MOTION to Expedite Hearing on Motion for Discovery Sanctions. Filing attorney should have changed 'Y' to 'N' at the question 'Set motion for hearing Y/N?' Exparte/Consent motions are NOT set for hearing. Clerk has removed hearing date and added 'exparte'. (Reference: 08−3736)(gbw, ) (Entered: 09/30/2009)
647 ORDER granting 642 MOTION to Expedite. ORDER Setting ORAL ARGUMENT re 641 MOTION for Discovery Sanctions on 10/14/09 at 11:00 a.m.; Further Ordered that 624 MOTION for Extension of Deadlines and Brief MOTION for Sanctions and Brief, 628 MOTION to Compel Supplemental Production of Documents and 629 MOTION to Compel Production of Non−Privileged Documents are RESET for 10/14/2009 at 11:00 AM before Magistrate Judge Daniel E. Knowles III with ORAL ARGUMENT. Signed by Magistrate Judge Daniel E. Knowles, III on 9/30/09.(Reference: 06−491)(sek, ) (Entered: 09/30/2009)
648 Correction of Docket Entry by Clerk re 644 Response/Memorandum in Opposition to Motion. Name of attorney who electronically filed this document does not match name of signatory attorney on pleading. The user log−in and password serve as the required signature for purposes of Rule 11 of the FRCP. No further action is necessary. Filing attorney filed duplicate copy of Exhibits in attachments #1 (titled memo in support) &2. Clerk took corrective action.(Reference: 08−3736)(gbw, ) (Entered: 09/30/2009)
649 ORDER denying 592 Motion for Summary Judgment. Signed by Judge Jay C. Zainey on 9/30/09. (Reference: 06−7804)(gbw, ) (Entered: 09/30/2009)
650 ORDER granting 643 Motion for Leave to File reply brief in further support of Belfor's motion for summary judgment. Signed by Judge Jay C. Zainey on 9/30/09. (Reference: 06−7804)(gbw, ) (Entered: 09/30/2009)
651 REPLY BRIEF in Further Support filed by Belfor USA Group Inc. re 592 MOTION for Summary Judgment. (Reference: 06−7804)(gbw, ) (Entered: 09/30/2009)
652 Minute Order. Proceedings held before Magistrate Judge Daniel E. Knowles, III: Motion Hearing held on 9/30/2009; Order taking under advisement 615 Motion to Compel apperances; taking under advisement 616 Motion for Discovery Sanctions; and taking under advisement 617 Motion for Discovery Sanctions. (Reference: 06−7804 &08−3736)(sek, ) (Entered: 09/30/2009)
655 EXPARTE/CONSENT MOTION for Leave to File Substitute Opposition to Motion for Discovery Sanctions and For Extension of Deadlines by Belfor USA Group Inc.. Motion(s) referred to Daniel E. Knowles, III. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3,

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10/02/2009 10/02/2009 10/02/2009
10/09/2009 10/09/2009 10/13/2009
10/13/2009 10/14/2009 10/19/2009 10/20/2009 10/20/2009

# 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9)(Reference: 08−3736)(Griffith, Steven) (Entered: 10/02/2009)
656 ORDER granting 655 Motion for Leave to Substitute Opposition to Motion for Discovery Sanctions and for Extension of Deadlines. Signed by Magistrate Judge Daniel E. Knowles, III on 10/2/2009. (Reference: 08−3736)(mmm, ) (Entered: 10/02/2009)
657 SUBSTITUTED FOR DOC. 644 . RESPONSE/MEMORANDUM in Opposition filed by Belfor USA Group Inc. re 624 MOTION for Extension of Deadlines and Brief MOTION for Sanctions and Brief. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Reference: 08−3736)(mmm, ) (Entered: 10/02/2009)
658 ORDER and REPORT AND RECOMMENDATIONS: the Court grants the Motion to Compel Appearances 615 and the first Motion for Discovery Sanctions 616 . The Court also grants in part and denies in part the second Motion for Discovery Sanctions 617 , as set forth in document. Objections to RRdue by 10/19/2009. Signed by Magistrate Judge Daniel E. Knowles, III on 10/2/09. (NEF: Judge Zainey, Case Manager, J. Crull)(Reference: 06−7804 &08−3736)(sek, ) (Entered: 10/02/2009)
665 EXPARTE/CONSENT Joint MOTION for Entry of Consent Order by Belfor USA Group Inc.. Motion(s) referred to Daniel E. Knowles, III. (Attachments: # 1 Proposed Order)(Reference: 06−7804 &08−3736)(Dysart, Katie) (Entered: 10/09/2009)
666 ORDER adopting 611 Report and Recommendation; DENYING 363 Xavier Plaintiffs' Second Motion to Enforce Court's 9/7/06 Order. Signed by Judge Jay C. Zainey on 10/9/09.(Reference: 06−491)(jrc, ) (Entered: 10/13/2009)
667 CONSENT ORDER: denying at moot 628 Motion for Supplemental Production; denying as moot 641 Motion for Sanctions; Hearing on the Motion to Compel Production of Non−Privileged Documents filed by Belfor, 629 is CONTINUED to October 21, 2009, at 11:00 a.m. with oral argument. Any Opposition or Reply shall be filed in accordance with the Court's Local Rules; withdrawing 624 Motion for Extension of Deadlines and 624 Motion for Discovery Sanctions; Given the agreement of the parties, the obligation of Belfor to produce project files in the Court's September 24, 2009, Order 640 , is VACATED; Other deadlines as set forth in document. Signed by Magistrate Judge Daniel E. Knowles, III on 10/13/09. (Reference: 06−7804 &08−3736)(sek, ) (Entered: 10/13/2009)
668 RESPONSE/MEMORANDUM in Opposition filed by all plaintiffs re 629 MOTION to Compel Production of Non−Privileged Documents. (Attachments: # 1 Appendix 1, # 2 Appendix 2)(Reference: 06−8704 and 08−3736)(Verwys, Mark) Modified attachment description on 10/14/2009 (gbw, ). (Entered: 10/13/2009)
669 Correction of Docket Entry by Clerk re 668 Response/Memorandum in Opposition to Motion. Attachment #1 &#2 have duplicate description. For attachment, select either a category OR enter a description, but not both since this results in duplicate docket text. Clerk took corrective action. (Reference: 06−8704, 08−3736)(gbw, ) (Entered: 10/14/2009)
673 EXPARTE/CONSENT MOTION for Leave to File Reply Brief in Further Support of Belfor's Motion to Compel Production of Non−Privileged Documents by Belfor USA Group Inc.. Motion(s) referred to Daniel E. Knowles, III. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Exhibit, # 4 Exhibit)(Reference: 06−7804, 08−3736)(Pelleteri, Erin) (Entered: 10/19/2009)
674 ORDER granting 673 Motion for Leave to File Reply Brief in Further Support of Belfor's Motion to Compel Non−Privileged Documents. Signed by Magistrate Judge Daniel E. Knowles, III on 10/20/09. (Reference: 06−7804 &08−3736)(sek, ) (Entered: 10/20/2009)
675 RESPONSE/MEMORANDUM in Support filed by Belfor USA Group Inc. re 629 MOTION to Compel Production of Non−Privileged Documents. (Attachments: # 1 Exhibit, # 2 Exhibit)(Reference: 06−7804 &08−3736)(sek, ) (Entered: 10/20/2009)

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10/21/2009
10/23/2009 10/23/2009 10/26/2009 10/26/2009 10/28/2009 10/28/2009 11/19/2009 11/23/2009 12/03/2009
01/15/2010 01/19/2010 01/20/2010

676 Minute Order. Proceedings held before Magistrate Judge Daniel E. Knowles, III: Motion Hearing held on 10/21/2009. Ordered that 629 MOTION to Compel Production of Non−Privileged Documents filed by Belfor USA Group Inc. is TAKEN UNDER ADVISEMENT. FURTHER ORDERED that within 10 days of the date of this Order, defendant shall submit to counsel for plaintiffs &to this Court a more narrowly−drafted set of Requests for Production Nos. 29 through 32. Defendant's Motion to Compel Production of Non−Privileged Documents [Doc. #629] shall remain under submission until the plaintiffs &this Court receive narrower requests, after which receipt this Court shall rule on motion. (Reference: 06−7804 &08−3736)(sek, ) (Entered: 10/21/2009)
681 EXPARTE MOTION by Belfor USA Group Inc. for Entry of Judgment (Attachments: # 1 Proposed Order Judgment)(Reference: 08−3736)(Dysart, Katie) Modified event on 10/26/2009 (gbw, ). (Entered: 10/23/2009)
682 EXPARTE MOTION by Belfor USA Group Inc. for Entry of Judgment (Attachments: # 1 Proposed Order Judgment)(Reference: 06−7804)(Dysart, Katie) Modified event on 10/26/2009 (gbw, ). (Entered: 10/23/2009)
683 Correction of Docket Entry by Clerk re 681 Request. Filing attorney selected incorrect event. Correct event is Motion for Miscellaneous (for entry of Judgment). Clerk took corrective action by changing the event. (Reference: 08−3736)(gbw, ) (Entered: 10/26/2009)
684 Correction of Docket Entry by Clerk re 682 Request. Filing attorney selected incorrect event. Correct event is Motion for Miscellaneous (for entry of judgment). Clerk took corrective action by changing the event. (Reference: 06−7804)(gbw, ) (Entered: 10/26/2009)
686 ORDER granting 681 Motion for Entry of Judgment by Belfor USA Group, Inc.; The claims of Agnelio Jurado and Adaildo Pereira are dismissed w/prej with each party to bear its own costs. Signed by Judge Jay C. Zainey on 10/27/09. (Reference: 08−3736)(gbw, ) Modified text on 10/28/2009 (gbw, ). (Entered: 10/28/2009)
687 ORDER granting 682 Motion for entry of judgment by Belfor USA Group, Inc.; Claims of Rosy Martinez and Sergio Ferreira De Oliveira are dismissed w/prej, each party to bear its own costs. Signed by Judge Jay C. Zainey on 10/27/09. (Reference: 06−7804)(gbw, ) Modified text on 10/28/2009 (gbw, ). (Entered: 10/28/2009)
698 ORDER dismissing without prejudice as moot 629 Motion to Compel. Signed by Magistrate Judge Daniel E. Knowles, III on 11/19/09. (Reference: 06−7804 &08−3736)(sek, ) (Entered: 11/19/2009)
699 ORDER Status Conference set for 12/3/2009 04:00 PM in chambers before Judge Jay C. Zainey.. Signed by Judge Jay C. Zainey.(Reference: 06−7804, 08−3736)(gbw, ) (Entered: 11/23/2009)
703 Minute Entry for proceedings held before Judge Jay C. Zainey: Status Conference held on 12/3/2009. ORDERED that Clerk shall designate the Obando (06−7804) and Nava (08−3736) matters CLOSED for administrative purposes. FURTHER ORDERED that Clerk shall designate the Xavier matter (06−491) CLOSED for administrative purposes. (Reference: 06−7804, 08−3736)(gbw, ) (Entered: 12/07/2009)
709 EXPARTE/CONSENT MOTION to Dismiss Counterclaim Against Tico's Without Prejudice by Belfor USA Group Inc.. (Attachments: # 1 Proposed Order)(Reference: 08−949)(Dysart, Katie) (Entered: 01/15/2010)
710 ORDER granting 709 Belfor USA Group, Inc.'s Motion to Dismiss counterclaim against Tico Construction, LLC; Clerk to mark 08−949 closed.. Signed by Judge Jay C. Zainey on 1/19/2010. (Reference: 08−949)(gbw, ) (Entered: 01/19/2010)
711 EXPARTE/CONSENT MOTION to Enter Order of Dismissal by Belfor USA Group Inc., Nava plaintiffs, Obando plaintiffs. (Attachments: # 1 Proposed Order)(Reference: 06−7804 &08−3736)(Dysart, Katie) Modified on 1/21/2010 (gec, ). (Entered: 01/20/2010)

Case: 2:06-cv-00491-JCZ-DEK As of: 07/20/2012 02:29 PM CDT 107 of 108

01/21/2010 01/25/2010 02/09/2010
02/10/2010
07/29/2010 07/30/2010 07/30/2010 08/02/2010 10/06/2010 10/07/2010 11/08/2010
11/09/2010 01/05/2011

712 Correction of Docket Entry by Clerk re 711 MOTION to Enter Order of Dismissal. Filing attorney should have changed 'N' to 'Y' at the question 'Is this an Exparte/Consent Motion Y/N?' before clicking the Next button. Clerk modified docket text. (Reference: 06−7804, 08−3736)(gec, ) (Entered: 01/21/2010)
713 ORDER granting 711 Motion to Enter Order of Dismissal. Signed by Judge Jay C. Zainey on 1/25/10. (Reference: 06−7804, 08−3736)(jrc, ) (Entered: 01/26/2010)
719 DEFICIENT*** NOTICE by All Plaintiffs of Filing of Consents to Sue. (Attachments: # 1 Consent to Sue − Carlos Ortega, # 2 Consent to Sue − Eline da Silva, # 3 Consent to Sue − Gladys Rivera, # 4 Consent to Sue − Maria Neuza Moreira Dias, # 5 Consent to Sue − Normando Silva, # 6 Consent to Sue − Osiris Pereira)(Reference: 06−8704 08−3736)(Alvarez, Robert) Modified on 2/10/2010 (gbw, ). (Entered: 02/09/2010)
720 NOTICE by plaintiffs of filing Consents to Sue. (Attachments: # 1 Consent to Sue − Carlos Ortega, # 2 Consent to Sue − Eline da Silva, # 3 Consent to Sue − Gladys Rivera, # 4 Consent to Sue − Maria Neuza Moreira Dias, # 5 Consent to Sue − Normando Silva, # 6 Consent to Sue − Osiris Pereira)(Reference: 06−7804 &08−3736)(Alvarez, Robert) Modified on 2/11/2010 (gbw, ). (Entered: 02/10/2010)
722 Exparte Motion to Dismiss w/prej. (Reference: 06−491)(gbw, ) (Entered: 08/02/2010)
721 ORDER Status Conference set for 8/2/2010 10:30 AM before Judge Jay C. Zainey. Signed by Judge Jay C. Zainey on 7/29/2010.(Reference: 06−491)(rll, ) (Entered: 07/30/2010)
723 ORDER re Motion to Dismiss w/prej (Reference: 06−491)(gbw, ) (Entered: 08/02/2010)
724 Minute Entry for proceedings held before Judge Jay C. Zainey: Status Conference held on 8/2/2010. (Reference: all cases)(gbw, ) (Entered: 08/04/2010)
730 EXPARTE/CONSENT MOTION for Entry of Order by Belfor USA Group Inc., Sergio Oliveira, Edson Silva, Valdir Xavier, Wanderson de Souza. (Attachments: # 1 Proposed Order)(Reference: 06−491)(Griffith, Steven) (Entered: 10/06/2010)
731 ORDER granting 730 Motion for Entry of Orderas stated herein. Signed by Judge Jay C. Zainey on 10/7/2010. (Reference: 06−491)(gbw, ) (Entered: 10/07/2010)
734 EXPARTE/CONSENT Joint MOTION to Dismiss With Prejudice by Sergio Alho, Jorge Anderson, Denice Albencio Aroyo, Cordovil Barroso, Vinicius Barroso, Belfor USA Group Inc., Charles Biting, Manuel Brizuela, Hector Cocca, Jose Duarte, Elio Escovar, Sonia Maria Feliciano, Joao Carlos Fernandez, Elma Campos Ferreira, San Juanita Tovias Galvan, Lourdes Garces, Glenton Houston Gillespie, Evandro Ginelli, Alex Gomes, Angela Maria Gomes, Aroldo Batista Gomes, David Sousa Gomes, Maria Gomes, Karoline Diniz Gondim, Adan Gonzales, Nini Groth, Michael Ray Hamilton, Eunice Gomes Harca, Jose Claudio Hubner, Alvaro J. Junior, Renaldo Leao, Reina Hilda Lemus, Silvio de Sousa Lima, Vanda Lima(06−7804), Carlos Henrique Miranda, Ana Moreno, Juan Antonio Alfaro Nava, Idemar Luiz Neves, Roberto Nunez, Juan Aguirre Ortiz, Daniella Pinto, Juan Ramirez Ramos, Olga Camara Rivera, Carmen Rodriguez, Gladstone Santos, Jr, Anderson DeMenezes Silva, James Chad Stacks, Valdir Xavier, Dalce Campos da Mota, Andre Feliciano da Silva, Joao Batista da Silva, Mariana Feliciano da Silva, Paulo Lincoln da Silva, Geralda de Melo, Baptiste Pinto de O Jiminez. (Attachments: # 1 Proposed Order)(Reference: 06−7804, 08−3736)(Griffith, Steven) (Entered: 11/08/2010)
735 ORDER granting 734 Joint Motion to Dismiss plaintiffs as stated in the document. Signed by Judge Jay C. Zainey on 11/9/2010. (Reference: 06−7804, 08−3736)(gbw, ) (Entered: 11/09/2010)
738 JUDGMENT that all claims in the captioned lawsuit are dismissed with prej, subject to the Court's continuing jurisdiction over the parties and settlement. Signed by Judge Jay C. Zainey on 1/5/2011.(Reference: 06−491)(gbw, ) (Entered: 01/06/2011)

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01/05/2011 01/05/2011 01/05/2011

739 JUDGMENT that all claims in the captioned lawsuit are dismissed with prej, subject to the Court's continuing jurisdiction over the parties and settlement.. Signed by Judge Jay C. Zainey on 1/5/2011.(Reference: 06−7804)(gbw, ) (Entered: 01/06/2011)
740 JUDGMENT that all claims in the captioned lawsuit are dismissed with prej, subject to the Court's continuing jurisdiction over the parties and settlement.. Signed by Judge Jay C. Zainey on 1/5/2011.(Reference: 08−3736)(gbw, ) (Entered: 01/06/2011)
741 JUDGMENT that all claims in the captioned lawsuit are dismissed without prejudice. Signed by Judge Jay C. Zainey on 1/5/2011.(Reference: 08−949)(gbw, ) (Entered: 01/06/2011)

 
 Case: 2:06-cv-07804-JCZ-DEK As of: 07/20/2012 01:28 PM CDT 1 of 13
CLOSED,CONSOL
U. S. District Court Eastern District of Louisiana (New Orleans) CIVIL DOCKET FOR CASE #: 2:06−cv−07804−JCZ−DEK

Obando et al v. Belfor USA Group, Inc. et al Assigned to: Judge Jay C. Zainey Referred to: Magistrate Judge Daniel E. Knowles, III Lead case: 2:06−cv−00491−JCZ−DEK Member case: (View Member Case) Cause: 00:0000 Cause Code Unknown
Plaintiff

Date Filed: 10/11/2006 Date Terminated: 12/07/2009 Jury Demand: None Nature of Suit: 710 Labor: Fair Standards Jurisdiction: Federal Question

Orestes Daniel Obando

represented by Nancy Picard Robein, Urann, Spencer, Picard &Cangemi, APLC 2540 Severn Ave. Suite 400 Metairie, LA 70002 504−885−9994 Email: npicard@ruspclaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy Cunningham Dalman, P.C. 321 Settlers Road Holland, MI 49423 616−392−1821 Email: gmccoy@holland−law.com ATTORNEY TO BE NOTICED

James L. Betzold Law Office of Jose A. Sandoval, P.C. 4543 S. Division Ave. Wyoming, MI 49503 616−212−0630 Email: james.betzold@gmail.com PRO HAC VICE ATTORNEY TO BE NOTICED

Jose A. Sandoval Law Office of Jose A. Sandoval, P.C. 4543 S. Division Ave. Wyoming, MI 49503 616−257−6807 Email: jdsandoval@sbcglobal.net ATTORNEY TO BE NOTICED

Julie Marie Richard−Spencer Robein, Urann, Spencer, Picard &Cangemi, APLC 2540 Severn Ave. Suite 400 Metairie, LA 70002 504−885−9994 Email: jrichard@ruspclaw.com ATTORNEY TO BE NOTICED

Robert Anthony Alvarez Law Office of Jose A. Sandoval, P.C. 4543 S. Division Ave. Wyoming, MI 49503

Case: 2:06-cv-07804-JCZ-DEK As of: 07/20/2012 01:28 PM CDT 2 of 13

616−257−6807 Fax: 616−257−8501 Email: alvarezlaw@gmail.com ATTORNEY TO BE NOTICED

Robert H. Urann Robein, Urann, Spencer, Picard &Cangemi, APLC 2540 Severn Ave. Suite 400 Metairie, LA 70002 504−885−9994 Email: rurann@ruspclaw.com ATTORNEY TO BE NOTICED

Ronald J. Vander Veen Cunningham Dalman, P.C. 321 Settlers Road Holland, MI 49423 616−392−1821 Email: rjvv@holland−law.com ATTORNEY TO BE NOTICED

William Lurye AFL−CIO 815 16th Street, N.W. Washington, DC 20006 202−637−5198 Email: wlurye@rul−law.com TERMINATED: 07/31/2007

Plaintiff
Adan Gonzalez On Behalf of Themselves and All Others Similarly Situated TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

James L. Betzold (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Julie Marie Richard−Spencer (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address)

Case: 2:06-cv-07804-JCZ-DEK As of: 07/20/2012 01:28 PM CDT 3 of 13

ATTORNEY TO BE NOTICED

William Lurye (See above for address) TERMINATED: 07/31/2007

Plaintiff
Vanda Lima TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

James L. Betzold (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Julie Marie Richard−Spencer (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

William Lurye (See above for address) TERMINATED: 07/31/2007

Plaintiff
Sergio Luiz Alho TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

James L. Betzold (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Case: 2:06-cv-07804-JCZ-DEK As of: 07/20/2012 01:28 PM CDT 4 of 13

Julie Marie Richard−Spencer (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

William Lurye (See above for address) TERMINATED: 07/31/2007

Plaintiff Fabio Lima

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED

James L. Betzold (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED

Julie Marie Richard−Spencer (See above for address) ATTORNEY TO BE NOTICED

Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED

Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED

Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

William Lurye (See above for address) TERMINATED: 07/31/2007

Plaintiff
Jose Duarte on behalf of themselves and all others similarly situated TERMINATED: 11/09/2010

represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:06-cv-07804-JCZ-DEK As of: 07/20/2012 01:28 PM CDT 5 of 13

Plaintiff
Jorge Anderson et al

Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED
James L. Betzold (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED
Julie Marie Richard−Spencer (See above for address) ATTORNEY TO BE NOTICED
Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED
Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED
Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED
William Lurye (See above for address) TERMINATED: 07/31/2007
represented by Nancy Picard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory J. McCoy (See above for address) ATTORNEY TO BE NOTICED
James L. Betzold (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Jose A. Sandoval (See above for address) ATTORNEY TO BE NOTICED
Robert Anthony Alvarez (See above for address) ATTORNEY TO BE NOTICED
Robert H. Urann (See above for address) ATTORNEY TO BE NOTICED
Ronald J. Vander Veen (See above for address) ATTORNEY TO BE NOTICED

Case: 2:06-cv-07804-JCZ-DEK As of: 07/20/2012 01:28 PM CDT 6 of 13

V. Defendant Belfor USA Group, Inc. a Delaware Corporation
Defendant Ticos Construction, L.L.C. a Tennessee Corporation

represented by Michael David Kurtz Baker Donelson Bearman Caldwell &Berkowitz (New Orleans) 201 St. Charles Ave. Suite 3600 New Orleans, LA 70170 504−566−5200 Email: dkurtz@bakerdonelson.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Erin E. Pelleteri Baker Donelson Bearman Caldwell &Berkowitz (New Orleans) 201 St. Charles Ave. Suite 3600 New Orleans, LA 70170 504−566−5200 Fax: 504−636−4000 Email: epelleteri@bakerdonelson.com ATTORNEY TO BE NOTICED
Katie L. Dysart Baker Donelson Bearman Caldwell &Berkowitz (New Orleans) 201 St. Charles Ave. Suite 3600 New Orleans, LA 70170 504−566−8611 Email: kdysart@bakerdonelson.com ATTORNEY TO BE NOTICED
Steven F. Griffith , Jr. Baker Donelson Bearman Caldwell &Berkowitz (New Orleans) 201 St. Charles Ave. Suite 3600 New Orleans, LA 70170 504−566−5200 Fax: 504−636−4000 Email: sgriffith@bakerdonelson.com ATTORNEY TO BE NOTICED
represented by Ticos Construction, L.L.C. 8909 Couchville Pike Mt. Juliet, TN 37122 PRO SE
Michael Thomas Tusa , Jr. Sutton &Alker, LLC 4080 Lonesome Road Suite A Mandeville, LA 70448 985−727−7501 Email: mtusa@sutton−alker.com TERMINATED: 03/20/2009 LEAD ATTORNEY
Andre Jude Lagarde

Case: 2:06-cv-07804-JCZ-DEK As of: 07/20/2012 01:28 PM CDT 7 of 13

U. S. Attorney's Office (New Orleans) 650 Poydras St. Suite 1600 New Orleans, LA 70130 (504) 680−3009 Email: andre.lagarde@usdoj.gov TERMINATED: 03/19/2009

Ashley Brooke Robinson Shields Mott Lund, LLP (New Orleans) 650 Poydras Street Suite 2600 New Orleans, LA 70130 504−581−4445 Email: abr@shieldsmottlund.com TERMINATED: 03/20/2009

Brad P. Scott Favret, Demarest, Russo &Lutkewitte 1515 Poydras St. Suite 1400 New Orleans, LA 70112 504−561−1006 Email: bscott@favretlaw.com TERMINATED: 03/20/2009

Clarence F. Favret , III Clarence F. Favret, III, Attorney at Law 228 St. Charles Ave. Suite 1310 New Orleans, LA 70130 (504) 383−8978 Email: ret@cffavret.com TERMINATED: 03/20/2009

Third Party Plaintiff
Belfor USA Group, Inc. TERMINATED: 08/27/2008

represented by Michael David Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Erin E. Pelleteri (See above for address) ATTORNEY TO BE NOTICED

Steven F. Griffith , Jr. (See above for address) ATTORNEY TO BE NOTICED

Third Party Plaintiff
Belfor USA Group, Inc. TERMINATED: 09/23/2008

represented by Michael David Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Erin E. Pelleteri (See above for address) ATTORNEY TO BE NOTICED

Steven F. Griffith , Jr. (See above for address) ATTORNEY TO BE NOTICED

Case: 2:06-cv-07804-JCZ-DEK As of: 07/20/2012 01:28 PM CDT 8 of 13

Third Party Plaintiff Belfor USA Group, Inc.

represented by Michael David Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Erin E. Pelleteri (See above for address) ATTORNEY TO BE NOTICED

Katie L. Dysart (See above for address) ATTORNEY TO BE NOTICED

Steven F. Griffith , Jr. (See above for address) ATTORNEY TO BE NOTICED

V. Third Party Defendant Guaranteed Fence &Gate, LLC TERMINATED: 09/23/2008 Third Party Defendant Construction Management Services, USA, LLC TERMINATED: 08/27/2008
Third Party Defendant Ticos Construction, L.L.C.

represented by Jack Kenneth Whitehead , Jr. Whitehead Law Firm 11909 Bricksome Ave. Suite W−3 Baton Rouge, LA 70816 225−303−8600 Fax: 2253030013 Email: jwhitehead@whitehead−law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Ticos Construction, L.L.C. (See above for address) PRO SE
Michael Thomas Tusa , Jr. (See above for address) TERMINATED: 03/20/2009 LEAD ATTORNEY
Andre Jude Lagarde (See above for address) TERMINATED: 03/19/2009
Ashley Brooke Robinson (See above for address) TERMINATED: 03/20/2009
Brad P. Scott (See above for address) TERMINATED: 03/20/2009
Clarence F. Favret , III (See above for address) TERMINATED: 03/20/2009

Case: 2:06-cv-07804-JCZ-DEK As of: 07/20/2012 01:28 PM CDT 9 of 13

Third Party Defendant Expro Services, Inc. Third Party Defendant M2/Royal Construction, Inc.
Counter Claimant Guaranteed Fence &Gate, LLC
Counter Claimant Ticos Construction, L.L.C. TERMINATED: 06/24/2009

represented by M2/Royal Construction, Inc. c/o CT Corporation System 8850 United Plaza Blvd. Baton Rouge, LA 70809 PRO SE
represented by Scott G. Wolfe , Jr. The Wolfe Law Offices, LLC 4821 Prytania St. New Orleans, LA 70115 504−894−9653 Fax: 866−761−8934 Email: scott@wolfelaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Ticos Construction, L.L.C. (See above for address) PRO SE
Michael Thomas Tusa , Jr. (See above for address) TERMINATED: 03/19/2009 LEAD ATTORNEY
Andre Jude Lagarde (See above for address) TERMINATED: 03/19/2009
Clarence F. Favret , III (See above for address) TERMINATED: 03/19/2009

V.
Counter Defendant
Belfor USA Group, Inc. TERMINATED: 06/24/2009

represented by Michael David Kurtz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Erin E. Pelleteri (See above for address) ATTORNEY TO BE NOTICED
Steven F. Griffith , Jr. (See above for address) ATTORNEY TO BE NOTICED

Date Filed 10/11/2006

# Docket Text
1 COMPLAINT against Belfor USA Group, Inc., Ticos Construction, L.L.C. (Filing fee $ 350.) filed by Orestes Daniel Obando, Adan Gonzalez. (Attachments: # 1 Civil Cover Sheet)(blg, ) (Entered: 10/16/2006)

Case: 2:06-cv-07804-JCZ-DEK As of: 07/20/2012 01:28 PM CDT 10 of 13

10/11/2006 11/01/2006 11/02/2006 11/08/2006 11/08/2006 11/16/2006 11/16/2006
11/16/2006
11/16/2006
11/16/2006
11/21/2006 11/21/2006 11/21/2006 11/21/2006 12/01/2006 12/26/2006 12/26/2006
12/26/2006
12/27/2006
01/29/2007

2 Summons Issued as to Belfor USA Group, Inc., Ticos Construction, L.L.C. (blg, ) (Entered: 10/16/2006)
3 AMENDED COMPLAINT against Belfor USA Group, Inc. filed by all plaintiffs.(Lurye, William) (Entered: 11/01/2006)
4 SUMMONS Returned Executed; Ticos Construction, L.L.C. served on 10/25/2006, answer due 11/14/2006. (Lurye, William) (Entered: 11/02/2006)
5 Request of Summons Issued as to Belfor USA Group, Inc. filed by all plaintiffs re 3 Amended Complaint. (cab, ) (Entered: 11/13/2006)
6 Summons Issued as to Belfor USA Group, Inc.. (cab, ) (Entered: 11/13/2006)
7 SUMMONS Returned Executed; Belfor USA Group, Inc. served on 11/1/2006, answer due 11/21/2006. (Lurye, William) (Entered: 11/16/2006)
8 EXPARTE/CONSENT MOTION for Robert Alvarez to Appear Pro Hac Vice (Filing fee $5.) by all plaintiffs. (Attachments: # 1 Affidavit)(jtd) (Entered: 11/26/2006)
9 EXPARTE/CONSENT MOTION for Ronald J. Vander Veen to Appear Pro Hac Vice (Filing fee $5.) by all plaintiffs. (Attachments: # 1 Affidavit)(jtd) (Entered: 11/26/2006)
10 EXPARTE/CONSENT MOTION for Jose A. Sandoval to Appear Pro Hac Vice (Filing fee $5.) by all plaintiffs. (Attachments: # 1 Affidavit)(jtd) (Entered: 11/26/2006)
11 EXPARTE/CONSENT MOTION for Gregory J. McCoy to Appear Pro Hac Vice (Filing fee $5.) by all plaintiffs. (Attachments: # 1 Affidavit)(jtd) (Entered: 11/26/2006)
12 ORDER granting 8 Motion for Robert Alvarez to Appear Pro Hac Vice. Signed by Judge Stanwood R. Duval Jr. on 11/20/06. (jtd) (Entered: 11/26/2006)
13 ORDER granting 9 Motion for Ronald Vander Veen to Appear Pro Hac Vice. Signed by Judge Stanwood R. Duval Jr. on 11/20/06. (jtd) (Entered: 11/26/2006)
14 ORDER granting 10 Motion for Jose Sandoval to Appear Pro Hac Vice. Signed by Judge Stanwood R. Duval Jr. on 11/20/06. (jtd) (Entered: 11/26/2006)
15 ORDER granting 11 Motion for Gregory J. McCoy to Appear Pro Hac Vice. Signed by Judge Stanwood R. Duval Jr. on 11/20/06. (jtd) (Entered: 11/26/2006)
16 SUMMONS Returned Executed; Belfor USA Group, Inc. served on 11/28/2006, answer due 12/18/2006. (ala) (Entered: 12/07/2006)
17 Notice of Related Case(s) by Belfor USA Group, Inc. of related case(s) 06−491. (Griffith, Steven) (Entered: 12/26/2006)
18 MOTION to Consolidate Cases by Belfor USA Group, Inc.. Motion Hearing set for 1/24/2007 09:30 AM before Judge Stanwood R. Duval Jr.. (Attachments: # 1 Notice of Hearing # 2 Memorandum in Support # 3 Exhibit A to Memo in Support# 4 Exhibit B to Memo in Support# 5 Exhibit C to Memo in Support)(Griffith, Steven) (Entered: 12/26/2006)
19 EXPARTE/CONSENT First MOTION for Extension of Time to Answer re 3 Amended Complaint by Belfor USA Group, Inc.. (Attachments: # 1 Proposed Order)(Griffith, Steven) (Entered: 12/26/2006)
20 ORDER granting 19 Motion for Extension of Time to Answer as to Belfor USA Group, Inc. answer due 1/16/2007.. Signed by Judge Stanwood R. Duval Jr. on 12/27/2006. (cab) (Entered: 12/27/2006)
21 MOTION for Leave to File Second Amended FLSA Collective and State Wage and Hour Class Action Complaint and Jury Demand by Vanda Lima, Sergio Alho, Fabio Lima, Jose Duarte, Orestes Daniel Obando, Adan Gonzalez. Motion(s) referred to Karen Wells Roby. Motion Hearing set for 2/14/2007 11:00 AM before Magistrate Judge Karen Wells Roby. (Attachments: # 1 Proposed Order # 2 Notice

Case: 2:06-cv-07804-JCZ-DEK As of: 07/20/2012 01:28 PM CDT 11 of 13

02/01/2007 02/01/2007 02/01/2007 02/01/2007 02/05/2007 02/09/2007 02/09/2007 02/15/2007
02/16/2007 02/27/2007 03/05/2007
03/05/2007

of Hearing February 14, 2007 at 11 a.m.# 3 Memorandum in Support Brief in Support# 4 Proposed Pleading Second Amended FLSA Collective and State Wage and Hour Class Action Complaint and Jury Demand)(Lurye, William) (Entered: 01/29/2007)
22 ERROR: WRONG EVENT SELECTED. − EXPARTE/CONSENT MOTION to Appoint Counsel by Vanda Lima, Sergio Alho, Fabio Lima, Jose Duarte, Orestes Daniel Obando, Adan Gonzalez. (Attachments: # 1 Proposed Order)(Lurye, William) Modified on 2/1/2007 (blg, ). REDOCKETED BY CLERK DOC 24 . (Entered: 02/01/2007)
23 EXPARTE/CONSENT MOTION to Continue Hearing on Plaintiffs' Motion to Amend by Belfor USA Group, Inc.. Motion(s) referred to Karen Wells Roby. Motion Hearing set for 2/28/2007 11:00 AM before Magistrate Judge Karen Wells Roby. (Attachments: # 1 Proposed Order)(Griffith, Steven) (Entered: 02/01/2007)
24 EXPARTE/CONSENT MOTION for Julie Richard−Spencer to Appear as Additional Counsel of Record by all plaintiffs. (Attachments: # 1 Proposed Order)(blg) (Entered: 02/02/2007)
25 Correction of Docket Entry by Clerk re 22 MOTION to Appoint Counsel; Wrong event selected. Redocketed by Clerk as 24 MOTION to Appear as Counsel of Record. (blg) (Entered: 02/02/2007)
26 ORDER Setting/Resetting Oral Hearing on 21 MOTION for Leave to File Second Amended FLSA Collective and State Wage and Hour Class Action Complaint and Jury Demand : Motion Hearing re−set for 2/28/2007 11:00 AM before Magistrate Judge Karen Wells Roby. Signed by Judge Karen Wells Roby on 2/5/07.(ala, ) (Entered: 02/05/2007)
27 NOTICE by all plaintiffs CONSENT TO FILE SUIT UNDER THE FAIR LABOR STANDARDS ACT. (Attachments: # 1 Exhibit Consents to Sue# 2 Affidavit Consents to Sue)(Lurye, William) (Entered: 02/09/2007)
28 EXPARTE/CONSENT MOTION to Continue Hearing on Motion for Leave to File Second AMended Complaint by Vanda Lima, Sergio Alho, Fabio Lima, Jose Duarte, Orestes Daniel Obando, Adan Gonzalez. Motion(s) referred to Karen Wells Roby. (Attachments: # 1 Proposed Order)(Lurye, William) (Entered: 02/09/2007)
29 ORDER Setting/Resetting Hearing on 21 MOTION for Leave to File Second Amended FLSA Collective and State Wage and Hour Class Action Complaint and Jury Demand :, Order granting: 28 MOTION to Continue Hearing on Motion for Leave to File Second AMended Complaint filed by Adan Gonzalez, Vanda Lima, Sergio Alho, Jose Duarte, Fabio Lima, Orestes Daniel Obando. Motion Hearing re−set for 3/7/2007 11:00 AM before Magistrate Judge Karen Wells Roby.. Signed by Judge Karen Wells Roby on 2/15/07.(ala, ) (Entered: 02/16/2007)
30 ORDER granting 24 Motion to Appear as to Julie Richard−Spencer. Signed by Judge Stanwood R. Duval Jr. on 2/16/07. (blg) (Entered: 02/16/2007)
31 RESPONSE to Motion filed by Belfor USA Group, Inc. re 21 MOTION for Leave to File Second Amended FLSA Collective and State Wage and Hour Class Action Complaint and Jury Demand. (Griffith, Steven) (Entered: 02/27/2007)
32 EXPARTE/CONSENT MOTION for Leave to File Reply to Defendant's Response to Plaintiff's Motion to File Second Amended Complaint by Vanda Lima, Sergio Alho, Fabio Lima, Jose Duarte, Orestes Daniel Obando, Adan Gonzalez. Motion(s) referred to Karen Wells Roby. (Attachments: # 1 Proposed Order # 2 Proposed Pleading Plaintiffs' Reply to Defendant's Response to Plaintiffs' Motion to File Second Amended Complaint# 3 Exhibit 1)(Lurye, William) Modified on 3/6/2007 (blg, ). (Entered: 03/05/2007)
33 ORDER Setting/Resetting Oral Hearing on 21 MOTION for Leave to File Second Amended FLSA Collective and State Wage and Hour Class Action Complaint and Jury Demand : Motion Hearing set for 3/7/2007 11:00 AM before Magistrate Judge Karen Wells Roby.. Signed by Judge Karen Wells Roby on 3/5/07.(ala, ) (Entered: 03/05/2007)

Case: 2:06-cv-07804-JCZ-DEK As of: 07/20/2012 01:28 PM CDT 12 of 13

03/06/2007 03/06/2007 03/07/2007
03/08/2007 03/09/2007 03/09/2007 03/13/2007 03/13/2007
03/14/2007 03/16/2007
06/18/2007 04/04/2008 08/27/2008 09/10/2008 09/23/2008 01/16/2009

34 ORDER granting 32 Motion for Leave to File. Signed by Judge Karen Wells Roby on 3/6/07. (ala, ) (Entered: 03/07/2007)
35 REPLY to Response to Motion filed by all plaintiffs re 21 MOTION for Leave to File Second Amended FLSA Collective and State Wage and Hour Class Action Complaint and Jury Demand. (Attachments: # 1 Exhibit)(ala, ) (Entered: 03/07/2007)
41 Minute Entry for proceedings held before Judge Karen Wells Roby : Motion Hearing held on 3/7/2007 re 21 MOTION for Leave to File Second Amended FLSA Collective and State Wage and Hour Class Action Complaint and Jury Demand filed by Adan Gonzalez, Vanda Lima, Sergio Alho, Jose Duarte, Fabio Lima, Orestes Daniel Obando. (ala, ) (Entered: 03/14/2007)
36 ORDER denying 18 Motion to Consolidate Cases. Signed by Judge Stanwood R. Duval Jr. on 3/8/07. (blg) (Entered: 03/08/2007)
37 NOTICE by all plaintiffs PLAINTIFFS SECOND CONSENT TO FILE SUIT UNDER THE FAIR LABOR STANDARD ACT. (Attachments: # 1 Consents to sue)(Lurye, William) (Entered: 03/09/2007)
38 ORDER TRANSFERRING CASE. Case transferred to Judge Jay C. Zainey and Daniel E. Knowles, III for all further proceedings. Judge Stanwood R. Duval, Jr, Karen Wells Roby no longer assigned to case. Signed by Judge Stanwood R. Duval Jr. on 3/8/07.(blg) (Entered: 03/12/2007)
39 NOTICE by all plaintiffs THIRD NOTICE OF CONSENT TO FILE SUIT UNDER THE FAIR LABOR STANDARD ACT. (Attachments: # 1 Consent to Sue)(Lurye, William) (Entered: 03/13/2007)
40 RE−NOTICE of Hearing on Motion filed by all plaintiffs re 21 MOTION for Leave to File Second Amended FLSA Collective and State Wage and Hour Class Action Complaint and Jury Demand. Motion Hearing set for 4/4/2007 11:00 AM before Magistrate Judge Daniel E. Knowles III. (Lurye, William) Modified on 3/14/2007 (gbw, ). (Entered: 03/13/2007)
43 ORDER Case consolidated with 2:06−cv−00491−JCZ−DEK. Signed by Judge Jay C. Zainey on 3/13/07.(gbw, ) (Entered: 03/19/2007)
42 ORDER Setting/Resetting Oral Hearing on 21 MOTION for Leave to File Second Amended FLSA Collective and State Wage and Hour Class Action Complaint and Jury Demand : Motion Hearing set for 4/4/2007 11:00 AM before Magistrate Judge Daniel E. Knowles III. Signed by Judge Daniel E. Knowles III on 3/15/07.(ala, ) (Entered: 03/16/2007)
44 ORDER TRANSFERRING CASE. Case transferred to Judge G. Thomas Porteous, Jr for all further proceedings. Judge Jay C. Zainey no longer assigned to case. Signed by Judge Jay C. Zainey on 6/15/07.(dmg, ) (Entered: 06/18/2007)
45 ORDER TRANSFERRING CASE. Case transferred to Judge Jay C. Zainey for all further proceedings. Judge G. Thomas Porteous, Jr no longer assigned to case. Signed by Judge Helen G. Berrigan on 4/1/08.(gec, ) (Entered: 04/04/2008)
46 ORDER granting Motion to dismiss third party claims by Belfor USA Inc against Construction Management Services USA LLC. Signed by Judge Jay C. Zainey on 8/27/08.(gbw, ) (Entered: 08/28/2008)
47 ORDER &REASONS granting motion to consolidate case 08−3736 with 06−491 and 06−7804. Signed by Judge Jay C. Zainey on 9/9/08.(gbw, ) (Entered: 09/10/2008)
48 ORDERED that Belfor's claims against Guaranteed Fence and Guaranteed Fence's claims against Belfor are DISMISSED WITH PREJUDICE. Signed by Judge Jay C. Zainey on 9/22/08.(gec, ) (Entered: 09/24/2008)
49 ORDER consolidating master case 06−491 and the other consolidated matters with member case 08−949. Signed by Judge Jay C. Zainey on 1/15/09.(gec, ) (Entered: 01/16/2009)

Case: 2:06-cv-07804-JCZ-DEK As of: 07/20/2012 01:28 PM CDT 13 of 13

06/22/2009 06/23/2009 06/24/2009 10/28/2009 12/07/2009
11/09/2010 01/05/2011

50 JUDGMENT entered in favor of Belfor USA Group, Inc. against Moises Augusto et al. Signed by Judge Jay C. Zainey on 6/22/09.(gbw, ) (Additional attachment(s) added on 6/23/2009: # 1 Main Document) (gbw, ). (Entered: 06/23/2009)
51 Correction of Docket Entry by Clerk re 50 Judgment. Attached blank image of document. Clerk took corrective action. (gbw, ) (Entered: 06/23/2009)
52 ORDER granting Motion to Dismiss filed by Belfor USA Group, Inc. The complaint in C.A. 08−949 is DISMISSED w/o prej; FURTHER ORDERED that Ticos' counterclaim against Belfor in C.A. 06−7804 is DISMISSED w/o prej.. Signed by Judge Jay C. Zainey.(gbw, ) (Entered: 06/25/2009)
53 ORDER granting Motion for entry of judgment by Belfor USA Group, Inc.; Claims of Rosy Martinez and Sergio Ferreira de Oliveira are dismissed w/prej, each party to bear its own costs. Signed by Judge Jay C. Zainey on 10/27/09.(gbw, ) (Entered: 10/28/2009)
54 Minute Entry for proceedings held before Judge Jay C. Zainey: Status Conference held on 12/3/2009. ORDERED that Clerk shall designate the Obando (06−7804) and Nava (08−3736) matters CLOSED for administrative purposes. FURTHER ORDERED that Clerk shall designate the Xavier matter (06−491) CLOSED for administrative purposes.(gbw, ) (Entered: 12/07/2009)
55 ORDER granting Joint Motion to Dismiss plaintiffs as stated in the document.. Signed by Judge Jay C. Zainey on 11/9/2010.(gbw, ) (Entered: 11/09/2010)
56 JUDGMENT that all claims in the captioned lawsuit are dismissed with prej, subject to the Court's continuing jurisdiction over the parties and settlement.. Signed by Judge Jay C. Zainey on 1/5/2011.(gbw, ) (Entered: 01/06/2011)