Case 4:06-cv-02095-RDP Document 1 Filed 10/18/06 Page 1 of 15

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ALABAMA

,"1' _OCT' 8 31'

MIDDLE DIVISION

,Jt.,\)J.IDM~HA\§Ciwt\'f:Up!,UPEA, ULILSANAYLOR,

) )

MICHAEL W. RICE, BARBARA D. )

BAKER, ERSKINE BAKER, MARTIN )

CHAMBERS, FRANCES CHAMBLEE, )

JEFFERY S. CHANDLER, DONNA J. )

DOOLEY, JIMMY HAMILTON,

)

CAROLYNSUEHOGELAND,WENDY)

MENDEL, KATHY MOORE, JUDY S. )

OLIVER, BRUCE T. POE, TAMMY )

RENEE RICHEY, BETTY R. TIPTON )

CONSTANCE VINSON, and JENIFIER )

WYNN

)

)

)

Plaintiffs,

)

)

vs.

) CaseNo.: 06-CV-_ _ _ _ __

)

WAYNE FARMS LLC., a Delaware )

Corporation doing business in Alabama, )
)

CV-06-P-2095-M

Defendant.

)

COMPLAINT

FILED
2006 Oct-19 PM 02:23 U.S. DISTRICT COURT
N.D. OF ALABAMA

Plaintiffs, individually and on behalf of all others similarly situated ("Plaintiffs"), by and through their counsel, for their Complaint against Defendant Wayne Farms LLC., (collectively "Wayne Farms" or "Defendant"), seek to recover for Wayne Farms' violations of the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. §§ 201 et seq., and hereby state and allege as follows:
INTRODUCTION 1. This is a representative action brought pursuant to FLSA § 216(b) by Plaintiffs on behalf of themselves and all other similarly situated current and former

Case 4:06-cv-02095-RDP Document 1 Filed 10/18/06 Page 2 of 15
production employees of Wayne Farms at its Albertville facility, located in Marshall County, Alabama, for purposes of obtaining relief under the FLSA for unpaid wages, unpaid overtime wages, liquidated damages, costs, attorneys' fees, declaratory and/or injunctive relief, and/or any such other relief the Court may deem appropriate.
2. Wayne Farms operates a chicken processing plant in Albertville, Alabama ("Albertville facility"). The complained of unlawful compensation system at issue in this Complaint has affected Defendant's present and former hourly production employees at this location.
3. In IBP, Inc. v. Alvarez, 126 S. Ct. 514 (2005), the United States Supreme Court unanimously affirmed a ruling that IBP's wage and hour policies - those at issue in this case - violated the Fair Labor Standards Act of 1938 ("FLSA").
4. Wayne Farms uniformly denies hourly wages and overtime premium pay to its employees, by requiring them to perform "off the clock" work. Wayne Farms' deliberate failure to pay employees earned wages and overtime compensation violates federal law as set out in the Fair Labor Standards Act.
5. Plaintiffs perform multiple tasks, but are all victims to the same illegal policy and practice of failing to pay workers for all time worked, including unpaid, but compensable break periods, unpaid hourly wage times and unpaid overtime premium wage times.
JURISDICTION AND VENUE 6. The FLSA authorizes court actions by private parties to recover damages for violation of the FLSA's wage and hour provisions. Jurisdiction over Plaintiffs' FLSA claims is based upon 29 U.S.C. § 216(b) and 28 U.S.C. §§ 1331-37.
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7. Venue in this district is proper pursuant to 28 U.S.C. § 1391(b) and (c), because Wayne Farms does business in this district and a substantial part of the unlawful conduct giving rise to the claims occurred in this district.
PARTIES 8. Defendant, Wayne Farms LLC., is a Delaware corporation with its principal place of business in Georgia. 9. Plaintiffs are current and former Wayne Farms employees who work(ed) at the Wayne Farms Albertville facility within the last three years, dating back to October 16,2003, and can be generally categorized herein as "First Processing" and "Second Processing" employees. 10. First Processing generally includes those employees who work in an area of the plant where the product (chickens) is introduced into the plant and placed or hung on "the line" for killing, cleaning, disemboweling, and chilling. 11. Second Processing generally includes those employees who work in an area of the plant where after the product has completed First Processing, it is further processed, prepared, cut-up, marinated, deboned, weighed, sized, packed, loaded on trucks, etc. for delivery to plant customers. 12. Plaintiffs listed herein who primarily work in First Processing include: Jimmy W. Belue, Lisa Blankenship, Paul Naylor, and Michael W. Rice. 13. Plaintiffs listed herein who primarily work in Second Processing include: Barbara D. Baker, Erskine Baker, Martin Chambers, Frances Chamblee, Jeffery S. Chandler, Donna J. Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S. Oliver, Bruce T. Poe, Tammy Renee Richey, Betty R. Tipton, Constance Vinson, and Jenifier Wynn.
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14. Plaintiffs are residents and domiciled in the State of Alabama. Plaintiffs have concurrently filed their Consents to Become Party Plaintiffs pursuant to 29 U.S.C. § 216(b). See Exhibit A.
GENERAL ALLEGATIONS 15. As an integral and indispensable part of Plaintiffs' jobs, Plaintiffs are required to pass through security when entering and leaving the facility. Plaintiffs' are required to have their employment status verified and their arrival and departures documented as well as submit to searches of the person and personal possessions. Plaintiffs aver they are not compensated for the time it takes security to clear them and allow them into the facility and the compensable time afterwards prior to the commencement of production work. 16. Plaintiffs go to a designated area to receive required clothing and/or personal protective equipment (PPE) that is required for the work to be performed. The employees are required to don certain equipment before moving into the production areas. The employees are required to perform washing activities associated with preparing for work in the production area. And depending on whether the employee works in First Processing or Second Processing. the employee may be required to acquire special tools for the work to be performed. During the course of this process, the employee then must walk a significant distance to arrive at the respective workstations on the line. 17. When Plaintiffs leave the line for unpaid breaks or at the end of their shift, they again walk a considerable distance to their respective doffing area where they remove their personal protective equipment, wash or sanitize themselves, their personal
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protective equipment, sanitary clothing, andlor equipment or tools and return various clothes, personal protective equipment, equipment or tools to the proper areas.
18. Defendant Wayne Farms owns and operates pOUltry facilities in Albertville, Alabama. The unlawful compensation system at issue in the Complaint has affected Defendant's former and present hourly production employees at this location.
19. Under Wayne Farms' wage compensation system, Wayne Farms pays Plaintiffs and others similarly situated employees only regularly scheduled time that they are on the production assembly line or in production areas under a system known as master time, master key, line time or gang time, collectively referred to herein as "master time". Conversely, as a matter of policy and practice, Wayne Farms does not pay its hourly employees for required pre-production line and post-production line activities that are necessary and integral to their overall employment responsibilities, such as the time it takes to clear security, donning and doffing protective and sanitary equipment, cleaning and sanitizing equipment as well as themselves, walking to and from security and the production line from their locker or dressing area after already performing compensable activities, and waiting in line to return required supplies, tools and other equipment needed for line activities. In addition, Wayne Farms does not pay its employees for time spent waiting at the line, prior to the line start up. Plaintiffs are required to report to duty before the start of the master time clock and required to continue work after the master time clock has stopped.
20. During the course of the day, Plaintiffs are provided unpaid breaks requiring them to walk considerable distances where they remove sanitary clothing and personal protection equipment for their break. The remaining time allowed for the break is further shortened by the requirement for the employee to wash and sanitize, don his or
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her sanitary clothing and personal protection equipment and return to the workstation. Plaintiffs assert these unpaid breaks are compensable. Alternatively if the total unpaid break is not deemed compensable Plaintiffs allege they are owed compensation for the walk time prior to and after unpaid breaks, the time spent donning and doffing clothing and equipment pre and post break respectively, and the time spent washing and/or waiting to wash themselves and their equipment.
21. Defendant deducts from Plaintiffs daily time worked, without regard for the actual time spent on break, two (2) uncompensated breaks of fixed duration.
22. The time for which Plaintiffs and other similarly situated employees are paid is significantly less than the time they spend at work between the time they begin their integral, essential and indispensable work duties and the time they arrive at their workstations on the line. The work time for which Plaintiffs are not paid include, but are not limited to: (1) changing into the protective required work uniforms, sanitary clothing and protective safety equipment that can include, among other things (depending on the task and whether First or Second Processing): ear plugs, smocks, work pants and shirts; safety jump suits; safety boots; hair nets; face nets; hard hats; aprons; belts with holsters and knifes; and hand and arm protections; and (2) walking to and from the changing area, work areas and break areas; washing activities; and (3) breaks that are effectively compensable.
23. The walking time for which Plaintiffs are not paid occurs after the beginning of the employee's first principal activity and before the end of the employee's last principal activity.
24. The required protective work uniforms, sanitary clothing and protective safety equipment that Plaintiffs must wear, and for which they are not paid for donning
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and doffing times, is required by Wayne Farms andlor by government regulation. Plaintiffs' jobs are dangerous and involve serious health and safety risks. The circumstances of Plaintiffs' jobs, including vital considerations of health and hygiene, require them to wear the protective work uniforms, sanitary clothing and protective safety equipment. These donning, doffing, washing activities, compensable unpaid breaks and walking duties all add up to a significant amount oftime every day for which Plaintiffs and others similarly situated are not paid.
25. In addition to depriving Plaintiffs and others similarly situated of hourly wages for compensable time pursuant to the FLSA, Defendant Wayne Farms' failure to accurately account for and report all compensable time worked by the Plaintiffs and others similarly situated, and has deprived Plaintiffs and others similarly situated of what would otherwise be overtime pay, pursuant to the FLSA.
COLLECTIVE ACTION ALLEGATIONS 26. Plaintiffs bring Count I, the FLSA claim, as an "opt-in" collective action pursuant to 29 U.S.C. § 216(b). In addition to the claims of individually named Plaintiffs, Plaintiffs bring this action as representatives of all similarly situated former and current employees of the Albertville facility. The potential class of "opt-in" employees can be defined as: All current and former hourly employees of Defendants who worked at the Albertville facility since October 16,2003, and who were not paid for all the time spent performing compensable work-related tasks or legally compensable time, including, but not limited to authorized unpaid break times, donning and doffing times, washing activity times, time associated with passing through security check points and walking to changing areas and time walking to security and passing through security at the end of the day and walking times to and from break areas or donning and doffing areas, and including time compensable at regular hourly wages, as well as overtime pay for these employees.
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27. The FLSA claims may be pursued by those who opt-in to this case, pursuant to 29 U.S.c. § 216(b).
28. Plaintiffs, individually and on behalf of other similarly situated employees, seek relief on a collective basis challenging, among other FLSA violations, Defendant's practice of failing to accurately record all hours worked and failing to pay employees for all hours worked, including overtime compensation.
29. The number and identity of other Plaintiffs yet to opt-in and consent to be party Plaintiffs may be determined from the records of Defendant, and potential class members may easily and quickly be notified of the pendency of this action.
30. On information and belief, the Albertville facility employs approximately 500 hourly wage employees who potentially have FLSA claims similar to the claims set out herein. Consequently, joinder of all collective action members in a single action is impracticable.
31. Potential collective action members may be informed of the pendency of this class action through direct maiL
32. There are questions of fact and law common to the class that predominates over any questions affecting only individual members. The questions of law and fact common to the class arising from Defendant's actions include, without limitation, the following:
a) Whether Plaintiffs were compensated for time spent clearing security and time spent walking from security to their changing areas and from changing areas to security;
b) Whether the security activities at issue are integral or indispensable to Defendant's business activities;
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c) Whether Plaintiffs were compensated for time spent donning and doffing clothing and protective gear, washing, and walking to and from their job posts;
d) Whether the donning, doffing and washing activities at issue are integral or indispensable to Defendant's business activities;
e) Whether Plaintiffs were entitled to compensation for time spent donning and doffing, washing activity time, and walking time to and from "the line";
f) Whether Plaintiffs' donning, doffing, washing activity, and walking time is integral and indispensable to their principal activities;
g) Whether Defendant failed to pay employees for unpaid breaks that were effectively compensable.
h) Whether Defendant's compensation policy and practice accurately accounts for the time Plaintiffs are actually working;
i) Whether Defendant's compensation policy and practice is illegal;
j) Whether Defendant had a policy and practice of willfully failing to record and compensate employees for all time worked; and
k) Whether Defendant failed to accurately record all compensable time, resulting in a failure to compensate Plaintiffs and other similarly situated employees of regular hourly wages and overtime pay, in violation of Defendant's policies and procedures and the mandate of the FLSA.
33. The questions set forth above predominate over any questions affecting
only individual persons, and a class action is superior with respect to considerations of
consistency, economy, efficiency, fairness and equity, to other available methods for the
fair and efficient adjudication of the state law claims.
34. The Collective Action Representatives' claims are typical of those of the
similarly situated employees in that these employees have been employed in the same or
similar positions as the Collective Action Representatives and were subject to the same or similar unlawful practices as the Collective Action Representatives.
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35. A collective action is the appropriate method for the fair and efficient

adjudication of this controversy. Defendant has acted or refused to act on grounds

generally applicable to the similarly situated current and former employees. The

presentation of separate actions by individual similarly situated current or former

employees could create a risk of inconsistent and varying adjudications, establish

incompatible standards of conduct for Defendant, and/or substantially impair or impede

the ability of Collective Action members to protect their interests.

36. The Collective Action Representatives are adequate representatives of the

similarly situated current and former employees because they are employees of the same

processing plant and their interests do not conflict with the interests of the other similarly

situated current and former employees they seek to represent. The interests of the

members of the class of employees will be fairly and adequately protected by the

Collective Action Representatives and their undersigned counsel, who have extensive

experience prosecuting complex class action lawsuits.

37. Maintenance of this action as a collective action is a fair and efficient

method for the adjudication of this controversy. It would be impracticable and

undesirable for each member of the collective action who suffered harm to bring a

separate action. In addition, the maintenance of separate actions would place a

substantial and unnecessary burden on the courts and could result in inconsistent

adjudications, while a single collective action can determine, with judicial economy, the

rights of all collective action members.

COUNT I

Violation of the Fair Labor Standards Act of 1938

(Brought Against Defendant by AU Individually-Named Plaintiffs and on Behalf of

,

All Others Similarly Situated)

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38. Plaintiffs reassert and incorporate by reference paragraphs 1 through 37 as set forth above as if fully restated herein.
39. At all time material herein, Plaintiffs have been entitled to the rights, protections, and benefits provided under the FLSA, 29 U.S.C. § 201 et. seq.
40. The individually named Plaintiffs and all similarly situated employees are victims of a uniform and facility-wide compensation policy and practice, in violation of the FLSA.
41. Wayne Farms violated the FLSA by failing to account for all compensable time of its employees that resulted in a failure to pay Plaintiffs and others similarly situated for compensable hourly wages and overtime premium pay.
42. Wayne Farms violated the FLSA by failing to pay for time donning and doffing essential required equipment, integral to the principle work activity.
43. Wayne Farms failed to account for and pay for time walking to and from the line to break areas and/or donning and doffing areas.
44. Wayne Farms failed to account for and pay for time spent clearing security and for time walking to and from security to donning and doffing areas.
45. Wayne Farms failed to account for and pay for time allocated as unpaid breaks. In the alternative, Wayne Farms failed to pay for walk time to and from unpaid meal break areas, time spent donning and doffing on unpaid meal breaks, and washing activities associated with meal breaks.
46. In perpetrating these unlawful practices, Wayne Farms has also willfully failed to keep accurate records for all of the time worked by its hourly employees.
47. The FLSA regulates, among other things, the payment of overtime pay by employers whose employees are engaged in commerce, or engaged in the production of
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goods for commerce, or employed in an enterprise engaged in commerce or in the production of goods for commerce. 29 U.S.C. § 207(a)(1).
48. Wayne Farms was, and is, subject to the overtime pay requirements of the FLSA because it is an enterprise engaged in commerce and its employees are engaged in commerce.
49. Section 13 of the FLSA, 29 U.S.C. § 213, exempts certain categories of employees from overtime pay obligations. None of the FLSA exemptions apply to the Plaintiffs. Accordingly, Plaintiffs must be paid overtime pay in accordance with the FLSA.
50. Wayne Farms' failure to accurately record compensable work time was willfully perpetrated. Wayne Farms has not acted in good faith nor with reasonable grounds to believe its actions and omissions were not a violation of the FLSA, and as a result thereof, Plaintiffs and other similarly situated employees are entitled to recover an award of liquidated damages in an amount equal to the amount of unpaid hourly wages and overtime premium pay described above pursuant to Section 16(b) of the FLSA, 29 U.S.c. § 216(b). Alternatively, should the Court find Wayne Farms did not act willfully in failing to pay all hourly wages and overtime premium pay wages, Plaintiffs and all similarly situated employees are entitled to an award of prejudgment interest at the applicable legal rate.
51. As a result of the aforesaid willful violations of the FLSA's overtime provisions, overtime compensation has been unlawfully withheld by Wayne Farms from Plaintiffs for which Wayne Farms is liable pursuant to 29 U.S.C. § 216(b).
52. Plaintiffs and all similarly situated employees are entitled to damages equal to the mandated overtime premium pay within the three years preceding the filing
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ofthis Complaint, plus periods of equitable tolling, because Wayne Farms acted willfully and knew, or showed reckless disregard of whether, its conduct was prohibited by the FLSA.
53. Pursuant to FLSA, 29 U.S.C. § 216(b), successful Plaintiffs are entitled to reimbursement ofthe costs and attorney's fees expended in successfully prosecuting an action for unpaid wages and overtime wages.
WHEREFORE, it is respectfully prayed that this Court grant to the Plaintiffs the following relief:
a) At the earliest possible time, issue an Order allowing Notice or issue such Court supervised Notice to all similarly situated current and former Wayne Farms hourly employees (working at the Wayne Farms, Albertville location in the last three years) of this action and their rights to participate in this action. Such Notice shall inform all similarly situated current and qualified former employees of the pendency of this action, the nature of this action, and of their right to "opt in" to this action if they worked "off the clock" for times not paid, including time that may be paid at overtime rates.
b) Issue an Order, pursuant to the Declaratory Judgment Act, 28 U.S.C. §§ 2201-2202, declaring that Defendant Wayne Farms' actions, as described in the Complaint, are unlawful and in violation of the FLSA and applicable regulations and are and were willful as defined in the FLSA;
c) Issue an Order directing and requiring Defendant Wayne Farms to pay Plaintiffs and all other similarly situated employees damages in the form of reimbursement for unpaid hourly and premium overtime wages (past
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and future) for all time spent performing compensable work for which they were not paid pursuant to the rate provided by the FLSA; d) Issue an Order directing and requiring Defendant Wayne Farms to pay Plaintiffs and all other similarly situated employees liquidated damages pursuant to the FLSA in an amount equal to, and in addition to the amount of wages and overtime wages owed to them; e) Issue and Order directing Defendant Wayne Farms to reimburse Plaintiffs and other similarly situated employees for the costs and attorneys fees expended in the course of litigating this action, pre-judgment and postjudgment interest; f) Provide Plaintiffs with such other and further relief, as the Court deems just and equitable.

DEMAND FOR JURY TRIAL All Plaintiffs hereby request trial by jury of all issues liable by jury under Alabama and federal law.

Respectfully submitted this the I~~ day of ~

2006.

COCHRAN, CHERRY, GIVENS, SMITH, LANE & TAYLOR, P.C.

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Case 4:06-cv-02095-RDP Document 1 Filed 10/18/06 Page 15 of 15 Attorney for Plaintiffs 163 West Main Street P.O. Box 927 Dothan, AL 36302 (334) 793-1555 (334) 793-8280 (fax)
Defendant may be served at: The Corporation Company olh/o Wayne Farms LLC - Albertville Plant 2000 Interstate Park Drive Ste 204 Montgomery, AL 36109
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 Case 4:06-cv-02095-RDP Document 26

Filed 02/15/07 Page 1 of 21

FILED
2007 Feb-15 PM 04:59 U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA,
MIDDLE DIVISION

JIMMY W. BELUE, LISA

§

BLANKENSHIP,PAUL

§

NAYLOR, MICHAEL W.

§

RICE, BARBARA D. BAKER, §

ERSKINE BAKER, MARTIN §

CHAMBERS, FRANCES

§

CHAMBLEE, JEFFERY S.

§

CHANDLER, DONNA J.

§

DOOLEY, JIMMY

§

HAMILTON, CAROLYN SUE §

HOGELAND,WENDY

§

MENDEL,KATBYMOORE, §

JUDY S. OLIVER, BRUCE T. §

POE, TAMMY RENEE

§

RICHEY, BETTY R. TIPTON, §

CONSTANCE VINSON, and

§

JENIFIER WYNN, on behalf §

of themselves and all others

§

similarly situated,

§

§

Plaintiffs,

§

§

v.

§

§

WAYNE FARMS, LLC,

§

§

Defendant.

§

CIVIL ACTION NO. 4:06-cv-02095-RDP

FIRST AMENDED COMPLAINT

Plaintiffs, individually and on behalf of all others similarly situated

("Plaintiffs"), by and through their counsel, for their Complaint against

,

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Defendant Wayne Farms LLC., (collectively "Wayne Farms" or "Defendant"), seek to recover for Wayne Farms' violations of the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. §§ 201 et seq., and hereby state and allege as follows:
INTRODUCTION 1. This is a representative action brought pursuant to FLSA § 216(b) by Plaintiffs on behalf ofthemselves and all other similarly situated current and former production employees of Wayne Farms at its Albertville facility, located in Marshall County, Alabama, for purposes of obtaining relief under the FLSA for unpaid wages, unpaid overtime wages, liquidated damages, costs, attorneys' fees, declaratory and/or injunctive relief, and/or any such other relief, including equitable tolling, the Court may deem appropriate. 2. Wayne Farms operates a chicken processing plant in Albertville, Alabama ("Albertville facility"). The complained of unlawful compensation system at issue in this Complaint has affected Defendant's present and former hourly production employees at this location. 3. InIBP, Inc. v. Alvarez, 126 S. Ct. 514 (2005), the United States Supreme Court unanimously affirmed a ruling that IBP's wage and hour

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Case 4:06-cv-02095-RDP Document 26 Filed 02/15/07 Page 3 of 21
policies - those at issue in this case - violated the Fair Labor Standards Act. of 1938 ("FLSA").
4. Wayne Farms unifonnly denies hourly wages and overtime premium pay to its employees, by requiring them to perfonn "off the clock" work. Wayne Fanns' deliberate failure to pay employees earned wages and overtime compensation violates federal law as set out in the Fair Labor Standards Act.
5. Plaintiffs perfonn multiple tasks, but are all victims to the same illegal policy and practice of failing to pay workers for all time worked, including unpaid, but compensable break periods, unpaid hourly wage times and unpaid overtime premium wage times.
JURISDICTION AND VENUE 6. The FLSA authorizes court actions by private parties to recover damages for violation of the FLSA's wage and hour provisions. Jurisdiction over Plaintiffs' FLSA claims is based upon 29 U.S.C. § 216(b) and 28 U.S.C. §§ 1331-37. 7. Venue in this district is proper pursuant to 28 U.S.C. § 1391(b) and (c), because Wayne Farms does business in this district and a substantial

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part ofthe unlawful conduct giving rise to the claims occurred in this district.
PARTIES 8. Defendant, Wayne Farms LLC., is a Delaware corporation with its principal place of business in Georgia. 9. Plaintiffs are current and former Wayne Farms employees who work(ed) at the Wayne Farms Albertville facility within the last three years, dating back to October 16,2003, and can be generally categorized herein as "First Processing" and "Second Processing" employees. lO. First Processing generally includes those employees who work in an area of the plant where the product (chickens) is introduced into the plant and placed or hung on "the line" for killing, cleaning, disemboweling, and chilling. 11. Second Processing generally includes those employees who work in an area of the plant where after the product has completed First Processing, it is further processed, prepared, cut-up, marinated, deboned, weighed, sized, packed, loaded on trucks, etc. for delivery to plant customers.

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12. Plaintiffs listed herein who primarily work in First Processing include: Jimmy W. Belue, Lisa Blankenship, Paul Naylor, and Michael W. Rice.
13. Plaintiffs listed herein who primarily work in Second Processing include: Barbara D. Baker, Erskine Baker, Martin Chambers, Frances Chamblee, Jeffery S. Chandler, Donna J. Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S. Oliver, Bruce T. Poe, Tammy Renee Richey, Betty R. Tipton, Constance Vinson, and Jenifier Wynn.
14. Plaintiffs are residents and domiciled in the State of Alabama. Plaintiffs have concurrently filed their Consents to Become Party Plaintiffs pursuant to 29 U.S.c. § 216(b). See Exhibit A.
GENERAL ALLEGATIONS 15. As an integral and indispensable part of Plaintiffs' jobs, Plaintiffs are required to pass through security when entering and leaving the facility. Plaintiffs' are required to have their employment status verified and their arrival and departures documented as well as submit to searches of the person and personal possessions. Plaintiffs aver they are not compensated for the time it takes security to clear them and allow them into the facility

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Case 4:06-cv-02095-RDP Document 26 Filed 02/15/07 Page 6 of 21
and the compensable time afterwards prior to the commencement of production work.
16. Plaintiffs go to a designated area to receive required clothing and/or personal protective equipment (PPE) that is required for the work to be performed. The employees are required to don certain equipment before moving into the production areas. The employees are required to perform washing activities associated with preparing for work in the production area. And depending on whether the employee works in First Processing or Second Processing, the employee may be required to acquire special tools for the work to be performed. During the course of this process, the employee then must walk a significant distance to arrive at the respective workstations on the line.
17. When Plaintiffs leave the line for unpaid breaks or at the end of their shift, they again walk a considerable distance to their respective doffing area where they remove their personal protective equipment, wash or sanitize themselves, their personal protective equipment, sanitary clothing, and/or equipment or tools and return various clothes, personal protective equipment, equipment or tools to the proper areas.
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18. Defendant Wayne Farms owns and operates poultry facilities in Albertville, Alabama. The unlawful compensation system at issue in the Complaint has affected Defendant's former and present hourly production employees at this location.
19. Under Wayne Farms' wage compensation system, Wayne Farms pays Plaintiffs and others similarly situated employees only regularly scheduled time that they are on the production assembly line or in production areas under a system known as master time, master key, line time or gang time, collectively referred to herein as "master time". Conversely, as a matter of policy and practice, Wayne Farms does not pay its hourly employees for required pre-production line and post-production line activities that are necessary and integral to their overall employment responsibilities, such as the time it takes to clear security, donning and doffing protective and sanitary equipment, cleaning and sanitizing equipment as well as themselves, walking to and from security and the production line from their locker or dressing area after already performing compensable activities, and waiting in line to return required supplies, tools and other equipment needed for line activities. In addition, Wayne Farms. does not pay its employees for time spent waiting at the line, prior to the line

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Case 4:06-cv-02095-RDP Document 26 Filed 02/15/07 Page 8 of 21
start up. Plaintiffs are required to report to duty before the start of the master time clock and required to continue work after the master time clock has stopped.
20. During the course ofthe day, Plaintiffs are provided unpaid breaks requiring them to walk considerable distances where they remove sanitary clothing and personal protection equipment for their break. The remaining time allowed for the break is further shortened by the requirement for the employee to wash and sanitize, don his or her sanitary clothing and personal protection equipment and return to the workstation. Plaintiffs assert these unpaid breaks are compensable. Alternatively if the total unpaid break is not deemed compensable Plaintiffs allege they are owed compensation for the walk time prior to and after unpaid breaks, the time spent donning and doffmg clothing and equipment pre and post break respectively, and the time spent washing and/or waiting to wash themselves and their equipment.
21. Defendant deducts from Plaintiffs daily time worked, without regard for the actual time spent on break, two (2) uncompensated breaks of fixed duration.

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22. The time for which Plaintiffs and other similarly situated employees are paid is significantly less than the time they spend at work between the time they begin their integral, essential and indispensable work duties and the time they arrive at their workstations on the line. The work time for which Plaintiffs are not paid include, but are not limited to: (1) changing into the protective required work uniforms, sanitary clothing and protective safety equipment that can include, among other things (depending on the task and whether First or Second Processing): ear plugs, smocks, work pants and shirts; safety jump suits; safety boots; hair nets; face nets; hard hats; aprons; belts with holsters and knifes; and hand and arm protections; and (2) walking to and from the changing area, work areas and break areas; washing activities; and (3) breaks that are effectively compensable.
23. The walking time for which Plaintiffs are not paid occurs after the beginning of the employee's first principal activity and before the end of the employee's last principal activity.
24. The required protective work uniforms, sanitary clothing and protective safety equipment that Plaintiffs must wear, and for which they are not paid for donning and doffing times, is required by Wayne Farms and/or

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by government regulation. Plaintiffs' jobs are dangerous and involve serious health and safety risks. The circumstances of Plaintiffs' jobs, including vital considerations of health and hygiene, require them to wear the protective work uniforms, sanitary clothing and protective safety equipment. These donning, doffing, washing activities, compensable unpaid breaks and walking duties all add up to a significant amount oftime every day for which Plaintiffs and others similarly situated are not paid.
25. In addition to depriving Plaintiffs and others similarly situated of hourly wages for compensable time pursuant to the FLSA, Defendant Wayne Farms' failure to accurately account for and report all compensable time worked by the Plaintiffs and others similarly situated, has deprived Plaintiffs and others similarly situated of what would otherwise be overtime pay, pursuant to the FLSA.
COLLECTIVE ACTION ALLEGATIONS 26. Plaintiffs bring Count I, the FLSA claim, as an "opt-in" collective action pursuant to 29 U.S.C. § 216(b). In addition to the claims of individually named Plaintiffs, Plaintiffs bring this action as representatives of all similarly situated former and current employees of the Albertville facility. The potential class of "opt-in" employees can be defined as:

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All current and former hourly 1sl and 2nd processing employees of Defendants, paid under a master time compensation system in which individuals' time card punches are not the basis for starting and ending hours worked, who worked at the Albertville facility since October 16,2003, and who were not paid for all the time spent performing compensable workrelated tasks or legally compensable time, including, but not limited to authorized unpaid break times, donning and doffing times, washing activity times, time associated with passing through security check points and walking to changing areas and time walking to security and passing through security at the end of the day and walking times to and from break areas or donning and doffing areas, and including time compensable at regular hourly wages, as well as overtime pay for these employees.
27. The FLSA claims may be pursued by those who opt-in to this
case, pursuant to 29 U.S.C. § 216(b).
28. Plaintiffs, individually and on behalf of other similarly situated
employees, seek relief on a collective basis challenging, among other FLSA
violations, Defendant's practice of failing to accurately record all hours
worked and failing to pay employees for all hours worked, including
overtime compensation.
29. The number and identity of other Plaintiffs yet to opt-in and
consent to be party Plaintiffs may be determined from the records of
Defendant, and potential class members may easily and quickly be notified
of the pendency of this action.
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Case 4:06-cv-02095-RDP Document 26 Filed 02/15/07 Page 12 of 21
30. On infonnation and belief, the Albertville facility employs
approximately 500 hourly wage employees who potentially have FLSA
claims similar to the claims set out herein. Consequently, joinder of all
collective action members in a single action is impracticable.
31. Potential collective action members may be infonned of the
pendency of this class action through direct mail.
32. There are questions of fact and law common to the class that
predominates over any questions affecting only individual members. The
questions oflaw and fact common to the class arising from Defendant's
actions include, without limitation, the following:
a) Whether Plaintiffs were compensated for time spent clearing security and time spent walking from security to their changing areas and from changing areas to security;
b) Whether the security activities at issue are integral or indispensable to Defendant's business activities;
c) Whether Plaintiffs were compensated for time spent donning and doffing clothing and protective gear, washing, and walking to and from their job posts;
d) Whether the donning, doffing and washing activities at issue are integral or indispensable to Defendant's business activities;
e) Whether Plaintiffs were entitled to compensation for time spent donning and doffing, washing activity time, and walking time
to and from "the line"·,

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f) Whether Plaintiffs' donning, doffing, washing activity, and walking time is integral and indispensable to their principal activities;
g) Whether Defendant failed to pay employees for unpaid breaks that were effectively compensable.
h) Whether Defendant's compensation policy and practice accurately accounts for the time Plaintiffs are actually working;
i) Whether Defendant's compensation policy and practice is illegal;
j) Whether Defendant had a policy and practice of willfully failing to record and compensate employees for all time worked; and
k) Whether Defendant failed to accurately record all compensable time, resulting in a failure to compensate Plaintiffs and other similarly situated employees of regular hourly wages and overtime pay, in violation of Defendant's policies and procedures and the mandate of the FLSA.
33. The questions set forth above predominate over any questions
affecting only individual persons, and a class action is superior with respect
to considerations of consistency, economy, efficiency, fairness and equity, to
other available methods for the fair and efficient adjudication of the federal
law claims.
34. The Collective Action Representatives' claims are typical of
those of the similarly situated employees in that these employees have been

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Case 4:06-cv-02095-RDP Document 26 Filed 02/15/07 Page 14 of 21
employed in the same or similar positions as the Collective Action Representatives and were subject to the same or similar unlawful practices as the Collective Action Representatives.
35. A collective action is the appropriate method for the fair and efficient adjudication of this controversy. Defendant has acted or refused to act on grounds generally applicable to the similarly situated current and former employees. The presentation of separate actions by individual similarly situated current or former employees could create a risk of inconsistent and varying adjudications, establish incompatible standards of conduct for Defendant, and/or substantially impair or impede the ability of Collective Action members to protect their interests.
36. The Collective Action Representatives are adequate representatives of the similarly situated current and former employees because they are employees of the same processing plant and their interests do not conflict with the interests of the other similarly situated current and former employees they seek to represent. The interests of the members of the class of employees will be fairly and adequately protected by the Collective Action Representatives and their undersigned counsel, who have extensive experience prosecuting complex class action lawsuits.

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Case 4:06-cv-02095-RDP Document 26 Filed 02/15/07 Page 15 of 21

37. Maintenance of this action as a collective action is a fair and efficient method for the adjudication of this controversy. It would be impracticable and undesirable for each member of the collective action who suffered harm to bring a separate action. In addition, the maintenance of separate actions would place a substantial and unnecessary burden on the courts and could result in inconsistent adjudications, while a single collective action can determine, with judicial economy, the rights of all collective action members.
COUNT I Violation of the Fair Labor Standards Act of 1938 (Brought Against Defendant by All Individually-Named Plaintiffs and
on Behalf of All Others Similarly Situated) 38. Plaintiffs reassert and incorporate by reference paragraphs 1 through 37 as set forth above as if fully restated herein. 39. At all time material herein, Plaintiffs have been entitled to the rights, protections, and benefits provided under the FLSA, 29 U.S.C. § 201 et. seq. 40. The individually named Plaintiffs and all similarly situated employees are victims of a uniform and facility-wide compensation policy and practice, in violation of the FLSA.

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41. Wayne Fanns violated the FLSA by failing to account for all compensable time of its employees that resulted in a failure to pay Plaintiffs and others similarly situated for compensable hourly wages and overtime premIUm pay.
42. Wayne Fanns violated the FLSA by failing to pay for time donning and doffmg essential required equipment, integral to the principle work activity.
43. Wayne Fanns failed to account for and pay for time walking to and from the line to break areas and/or donning and doffing areas.
44. Wayne Farms failed to account for and pay for time spent clearing security and for time walking to and from security to donning and doffing areas.
45. Wayne Fanns failed to account for and pay for time allocated as unpaid breaks. In the alternative, Wayne Fanns failed to pay for walk time to and from unpaid meal break areas, time spent donning and doffing on unpaid meal breaks, and washing activities associated with meal breaks.
46. In perpetrating these unlawful practices, Wayne Fanns has also willfully failed to keep accurate records for all of the time worked by its hourly employees.

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Case 4:06-cv-02095-RDP Document 26 Filed 02/15/07 Page 17 of 21

47. The FLSA regulates, among other things, the payment of overtime pay by employers whose employees are engaged in commerce, or engaged in the production of goods for commerce, or employed in an enterprise engaged in commerce or in the production of goods for commerce. 29 U.S.C. § 207(a)(1).
48. Wayne Farms was, and is, subject to the overtime pay requirements of the FLSA because it is an enterprise engaged in commerce and its employees are engaged in commerce.
49. Section 13 of the FLSA, 29 U.S.C. § 213, exempts certain categories of employees from overtime pay obligations. None of the FLSA exemptions apply to the Plaintiffs. Accordingly, Plaintiffs must be paid overtime pay in accordance with the FLSA.
50. Wayne Farms' failure to accurately record compensable work time was willfully perpetrated. Wayne Farms has not acted in good faith nor with reasonable grounds to believe its actions and omissions were not a violation of the FLSA, and as a result thereof, Plaintiffs and other similarly situated employees are entitled to recover an award ofliquidated damages in an amount equal to the amount of unpaid hourly wages and overtime premium pay described above pursuant to Section 16(b) of the FLSA, 29

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Case 4:06-cv-02095-RDP Document 26 Filed 02/15/07 Page 18 of 21
US.C. § 216(b). Alternatively, should the Court find Wayne Farms did not act willfully in failing to pay all hourly wages and overtime premium pay wages, Plaintiffs and all similarly situated employees are entitled to an award of prejudgment interest at the applicable legal rate.
51. As a result of the aforesaid willful violations of the FLSA's overtime provisions, overtime compensation has been unlawfully withheld by Wayne Farms from Plaintiffs for which Wayne Farms is liable pursuant to 29 US.C. § 216(b).
52. Plaintiffs and all similarly situated employees are entitled to damages equal to the mandated overtime premium pay within the three years preceding the filing of this Complaint, plus periods of equitable tolling, because Wayne Farms acted willfully and knew, or showed reckless disregard of whether, its conduct was prohibited by the FLSA.
53. Pursuant to FLSA, 29 US.C. § 216(b), successful Plaintiffs are entitled to reimbursement of the costs and attorney's fees expended in successfully prosecuting an action for unpaid wages and overtime wages.
WHEREFORE, it is respectfully prayed that this Court grant to the Plaintiffs the following relief:

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Case 4:06-cv-02095-RDP Document 26 Filed 02/15/07 Page 19 of 21
a) At the earliest possible time, issue an Order allowing Notice or issue such Court supervised Notice to all similarly situated current and former Wayne Farms hourly employees (working at the Wayne Farms, Albertville location in the last three years) of this action and their rights to participate in this action. Such Notice shall inform all similarly situated current and qualified former employees of the pendency of this action, the nature of this action, and of their right to "opt in" to this action if they worked "offthe clock" for times not paid, including time that may be paid at overtime rates.
b) Issue an Order, pursuant to the Declaratory Judgment Act, 28 U.S.C. §§ 2201-2202, declaring that Defendant Wayne Farms' actions, as described in the Complaint, are unlawful and in violation of the FLSA and applicable regulations and are and were willful as defined in the FLSA;
c) Issue an Order directing and requiring Defendant Wayne Farms to pay Plaintiffs and all other similarly situated employees damages in the form of reimbursement for unpaid hourly and premium overtime wages (past and future) for all time spent

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Case 4:06-cv-02095-RDP Document 26 Filed 02/15/07 Page 20 of 21
perfonning compensable work for which they were not paid pursuant to the rate provided by the FLSA; d) Issue an Order directing and requiring Defendant Wayne Fanns to pay Plaintiffs and all other similarly situated employees liquidated damages pursuant to the FLSA in an amount equal to, and in addition to the amount of wages and overtime wages owed to them; e) Issue and Order directing Defendant Wayne Fanns to reimburse Plaintiffs and other similarly situated employees for the costs and attorneys fees expended in the course of litigating this action, pre-judgment and post-judgment interest; f) Provide Plaintiffs with such other and further relief, as the Court deems just and equitable.
DEMAND FOR JURY TRIAL All Plaintiffs hereby request trial by jury of all issues triable by jury under Alabama and federal law.

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Case 4:06-cv-02095-RDP Document 26 Filed 02/15/07 Page 21 of 21

Dated: February 15,2007
-andLance H. Swanner Samuel A. Cherry, Jr. THE COCHRAN FIRM, P.C. 163 W. Main Street P.O. Box 927 Dothan, AL 36302 (334) 793-1555 (Phone) (334) 793-8280 (fax)

Respectfully submitted, THE COCHRAN FIRM, P.e. /s/ Robert J. Camp ROBERT J. CAMP BERNARD D. NOMBERG 505 North 20th Street, Suite 825 Birmingham, AL 35203 (205) 930-6900 (Phone) (205) 930-6910 (Fax)
Attorneysfor Plaintiffs

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 Case 4:06-cv-02095-RDP Document 35 Filed 03/07/07 Page 1 of 6

FILED
2007 Mar-07 AM 10:46 U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION

JIMMY W. BELUE, ET AL.

PLAINTIFFS

VS.

CASE NO. 4:06-CV-2095-RDP

WAYNE FARMS LLC

DEFENDANT

STIPULATED DISCOVERY AND PROTECTIVE ORDER
This matter is before the court on Defendant's Motion for Protective Order covering all discovery, including initial disclosures, and also pursuant to a joint submission of agreed resolutions of those and other discovery and scheduling matters. (Doc. # 27). The court approves the parties' resolutions submitted here and orders as follows.
Protective Order 1. Plaintiffs in this wage payment litigation believe that discovery in this case will require viewing and inspecting Defendant Wayne Farms LLC's (hereafter "Wayne Farms") plant operations and processes, production of documents or information considered by Wayne Farms to be Rule 26(c)(7) "trade secret or other confidential research, development, or commercial information" (hereafter "Confidential Information"), and production of relevant payroll information and payroll records of Wayne Farms. Wayne Farms anticipates that much of this viewing and inspection should be permitted and that much of this Confidential Information and other documents and

Case 4:06-cv-02095-RDP Document 35 Filed 03/07/07 Page 2 of 6
information should be produced, with adequate assurances that this specific discovery and all related records will be kept and used appropriately and returned after the case ends. By agreement of the parties, the court orders as follows:
a. Such documents, information, or Confidential Information, or the content or substance thereof, shall not be given, shown or otherwise communicated to any person or entity, except the parties to this case, counsel and co-counsel and their respective employees, experts or consultants employed and retained by them specifically in connection with this case, and only to such other parties, experts or consultants who first execute an affidavit in which they acknowledge receipt of this Confidentiality Agreement and agree to be bound by the terms of this Confidentiality Agreement.
b. Records which reflect legally protected, private, personal identification information, such as Social Security Numbers ("SSNs") are of special concern to both sides. If Plaintiffs' counsel seeks to discover Wayne Farms records reflecting protected identifying information of persons who have not filed a Consent to Sue, and if Wayne Farms produces such records, the protected identifying information in them will first be redacted if Plaintiffs' counsel provides information to third parties.
c. Such documents, materials, or information shall not be used for any purpose other than for use in the litigation of this case.
d. At the conclusion of the litigation of this case, counsel for the Plaintiffs who have obtained such employee identification information or Confidential Information shall in good faith collect from all recipients and shall return to the undersigned attorney for Wayne Farms all copies, lists, prints, negatives, or summaries thereof, identifying at that time all such known recipients; and providing copies of the affidavits of said

Case 4:06-cv-02095-RDP Document 35 Filed 03/07/07 Page 3 of 6
recipients of compliance with this stipulation; and e. Nothing in this stipulation anticipates, concerns or resolves any objection
Wayne Farms may have to any discovery request Plaintiffs may serve. This stipulation prescribes Plaintiffs' and Defendant's obligation with respect to employee identification information and Confidential Information that Wayne Farms provides to Plaintiffs. Any party has the right to challenge the designation of any material labeled as protected employee identification information or Confidential Information. The parties agree to honor any material designated under this stipulation until such time as the status of said material can be resolved.
2. Plant Inspections: Plaintiffs' counsel shall be permitted access to Wayne Farms' Albertville live chicken processing plant during regular and reasonable business hours (any shift hours on which processing employees have hours worked recorded by master card), by advance appointment, to view the areas in which their clients work and have worked in the relevant discovery period (and associated break areas). Two visits shall be allowed, lasting no longer than two hours each, with the number and duration of subsequent visits, if any, to be determined by the court absent the parties' agreement. All information gathered during such plant inspections shall be regarded as trade secret or confidential commercial information and subject to this protective order, as shall all records of that information, as if they had been produced to Plaintiffs by Wayne Farms, designated as protected by this order. Among other things, experts and other nonattorney agents of Plaintiffs who inspect the plant or review inspection records shall first execute the affidavit required by paragraph l(a) above. Wayne Farms may impose reasonable conditions on the number and identities of people who may visit the plant,

Case 4:06-cv-02095-RDP Document 35 Filed 03/07/07 Page 4 of 6
may require advance disclosure of their number and their identities, and may require compliance with terms normally imposed on other plant visitors. During such visits, Plaintiffs' counsel and accompanying agents shall not interview or communicate about the case with plant personnel, except Wayne Fanns' designated representatives. Plaintiffs counsel shall promptly furnish to Wayne Farms' counsel, at Wayne Fanns' cost, a complete, unedited copy of any video or audio-video record made during each plant visit. There shall be no photography or other video record of USDA inspectors and any inadvertent recording of such images that is discovered shall be edited to delete or obscure their images.
3. The foregoing terms having resolved to the parties' satisfaction all issued that Wayne Farms raised in its Motion for Protective Order (Doc. # 27), the court finds that motion is MOOT.
Additional Discovery and Scbedulin2 Matters 4. Discovery of Reports of Testifying Experts: Only the final written report of a testifying expert shall be subject to disclosure, despite the arguably broader requirement of disclosure of expert written reports under FED. R. CIv. P. 26(a)(2)(B). Although Rule 26(a)(2)(B) requires disclosure of "the data or other information considered by the witness in forming the opinions" expressed in the expert's written report, neither attorney communications with the expert nor attorney work product supplied by counsel to a testifying expert shall be discoverable, except to the extent that the expert relies on such data or information to support his or her opinions expressed in the final written report. 5. Logging Records of Privileged Communications: Neither side shall seek

Case 4:06-cv-02095-RDP Document 35 Filed 03/07/07 Page 5 of 6
disclosure of the other side's post-litigation attorney client communications or attorney work product, neither side shall have any duty to disclose such, and, therefore, neither side need create or maintain a privilege log of records of such. With regard to pre-filing attorney client communications and attorney work product, despite the arguable duty under Rule 26 to make a separate privilege log entry describing each record withheld from discovery under claim of privilege, the parties may instead log pre-litigation attorney work product and attorney-client communications records by type, such as "[Type of Communication] between [Job Title] and counsel, RE: [Brief Description of the Subject Matter]." The following will be considered "Types of Communication":
Email Communications Phone Conversations Non-electronic Written Communications In-person Communications Any party has the right to challenge the attorney work product or attorney client communication designation. 6. Electronically Stored Information Production and Filing Format: Unless otherwise specifically requested for a particular class of electronically stored information ("ESI" hereafter), parties may produce that information in word searchable Adobe Portable Document Format (.pdf) and may file such ESI, when used to support pleadings, motions and other filed papers, in the same format. 7. Special Master: Neither party has dismissed the court's February 2, 2007 proposition that a "Special Master" be appointed. Before making a final decision, both parties would like to meet with the court to develop a better understanding of what role

Case 4:06-cv-02095-RDP Document 35 Filed 03/07/07 Page 6 of 6
the special master will play in this litigation. The parties are concerned that the court may envision the combination of FED. R. CIv. P. 53 judicial powers and FED. R. EVID. 706 expert witness functions. Both parties request a meeting with this court and would like to allow via conference call co-counsel for both parties and in-house counsel for Defendant to participate in the special master discussion.
8. Impact of Multi-District Class Claims by Albertville Plaintiffs: The parties thoroughly discussed this issue in a conference held March 2, 2007 but did not resolve their differences related to Wayne Farms' pending Motion to Stay, or Alternatively, Motion to Apply the First-Filed Rule (Doc. # 15). Wayne Farms filed that motion January 16, 2007 and Plaintiffs have not responded. Plaintiffs shall file and serve their response no later than March 14, 2007. Wayne Farms shall file and serve any reply no later than March 28,2007. The court will thereafter rule on the matter.
DONE and ORDERED this --,=b;;..._..tl _ day of March, 2007.
R DAVID PROCTOR UNITED STATES DISTRICT JUDGE

 
 Case 4:06-cv-02095-RDP Document 61 Filed 06/07/07 Page 1 of 2

FILED
2007 Jun-07 PM 02:06 U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION

JIMMY BELUE, et al.,

}

}

Plaintiffs,

}

}

v.

}

}

WAYNE FARMS, LLC,

}

}

Defendant.

}

__________________________________ }

}

ROBERT THOMAS DUNN, et al.,

}

}

Plaintiffs,

}

}

v.

}

}

WAYNE FARMS, LLC,

}

}

Defendant.

}

Case No.: 4:06-CV-2095-RDP Case No.: 4:07-CV-0647-RDP

ORDER

The court has today received Defendant’s Notice of Motion to Transfer and Consolidate for

Pretrial Proceedings to the Judicial Panel on Multidistrict Litigation and brief in support of the

motion. (Docs. # 59 & 60). Accordingly, the court finds this case is due to be, and is hereby,

STAYED pending the disposition of Defendant’s motion in front of the MDL Panel. If the Panel

finds that these cases are not appropriate for transfer to Chief Judge Fuller in the Middle District of

Alabama, the parties SHALL immediately notify the court that the stay should be lifted and

immediately file the status reports that were to be filed on or before June 8, 2007 pursuant to this

court’s May 25, 2007 Order. (Doc. # 58).

Case 4:06-cv-02095-RDP Document 61 Filed 06/07/07 Page 2 of 2

DONE and ORDERED this 7th

day of June, 2007.

___________________________________ R. DAVID PROCTOR UNITED STATES DISTRICT JUDGE

2

 
 Case 4:06-cv-02095-RDP Document 84 Filed 11/09/07 Page 1 of 4 Page 1 of3

FILED
2007 Nov-13 PM 03:54 U.S. DISTRICT COURT
N.D. OF ALABAMA

FOR THE UNITED STATeS JUDICIAL PANEL ON
MVlTIOISTRICT UnGATIOH

"IAL .ILH".... PANEL
on MULTIDISTRICf LITIGATION

IN RE: WAYNE FARMS LLC FAIR LABOR STANDARDS ACT LITIGATION

UNITED STATES JUDICIAl PANEL ON MULTIDlSl'RICT LITIGATION 23;35 qn -Opw13-3118
FILED CLERK'S OFFICE
MDL No. 1872

TRANSFER ORDER
Before the entire Paael: Common defendant Wayne Farms LLC (Wayne Farms) has moved, pursuant to 28 U.S.C. § 1407, for coordinated or consolidated pretrial proceedings ofthis litigation in the Southern District ofMississippi. Plaintiffs in all actions support the motion.
This litigation currently consists oftwelve actions listed on Schedule A and pending in four districts as follows: four actions each in the Middle District ofAlabama and the Northern District of Alabama, and two actions each in the Northern District ofGeorgia and the Southern District of Mississippi.
After considering al1 argument ofcOlDlsel. we find that these twelve actions involve common questions offact, and that centralization under Section 1401 in the Southern District ofMississippi will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation. All actions share factual questions arising out ofsimiJar allegations that certain Wayne Farms employees are entitled to comPensation under the Fair Labor Standards Act (FLSA), 29 U.S.c. § 201, e/ seq. Centralization under Section 1407 will eliminate duplicative discovery; prevent inconsistent rulings on pretrial motions, including those with respect to certification of collective actions; and conserve the resources ofthe parties, their counsel and the judiciary.
Given that the actions are pending in nearby federal Judicial districts in Alabama. Georgia, and Mississippi, any ofthe involved districts would be convenient for the parties and witnesses. We are persuaded that the Southern District of Mississippi is an appropriate transferee forum for this litigation. The Southern District of Mississippi has been advancing the actions efficiently with a . large numberofpotential claimants. Additionally, all parties support centralization in this district.
IT IS TIIEREFORE ORDERED that, pursuant to 28 U.S.C. § 1407, the actions listed on Schedule A and pending outside the Southern District ofMississippi are transferred to the Southern District of Mississippi and, with the consent ofthat court, assigned to the Honorable Keith Starrett for coordinated or consolidated pretrial proceedings with the actions pending there and listed on Schedule A.

Case 4:06-cv-02095-RDP Document 84 Filed 11/09/07 Page 2 of 4 Case 2:07-md-01872-KS-MTP Document 1 Filed 11/05/2007 Page 2 of 3

.PANEL ON MULTIDISTRICT LITIGATION

D. Lowell Jensen : Robert L. Miller, Jr. . David R. Hansen

J. Frederick Motz Kathryn H. Vratil Anthony J. Scirica

ATRUE COpy, I HEREBY CERTIFY.
~ C5~

Case 4:06-cv-02095-RDP Document 84 Filed 11/09/07 Page 3 of 4 Case 2:07-md-01872-KS-MTP Document 1 Filed 11/05/2007 Page 3 of 3

IN RE: WAYNE FARMS LLC FAIR LABOR STANDARDS ACT LmGATION

MDLNo.1872

SCHEDULE A
Middle District ofAlabama
Samuel Adams, el aI. v. Wayne Farms LLC, C.A. No. 1:06·950 Sonya P. Adams, et at v. Wayne Farms LLC, C.A. No. 1:07·296 Darren Anderson, et a1. v. Wayne Farms LLC, C.A. No. 2:06·95 t Amos Akings, et al. v. Wayne Farms LLC, C.A. No. 2:07-297
Northern District of Alabama
Jimmy W. Belue, et al. v. Wayne Farms LLC, C.A. No. 4:06·2095
Robert Thomas Dunn, et al. v. Wayne Farms LLC, C.A. No. 4;07-647 James E. Bolden, et al. v. WaYne Farms LLC, C.A. No. 5:06-2096
Pamela M. Allen, et al. v. Wayne Farms LLC, et aJ., C.A. No. 5:07-639
Northern District ofGeorgia
v. Christie Norman, et al. v. Wayne Farms LLC, C.A. No. 1:07-1154
Joey Tate, et al. Wayne Farins LLC, C.A. No. 2:07-55
Southern District of Mjssissiwi
April Agee, et al. v. Wayne Farms LLC, et ai., C.A. No. 2:06-268 Eula M. Keyes, et al. v. Wayne Farms LLC, C.A.No. 2:07-29

, '.

Case 4:06-cv-02095-RDP Document 84 Filed 11/09/07 Page 4 of 4

UNITED STATES DISTRICT COURT

OFFICE OF THE CLERK
· SOUTHERN DISTRICT OF MISSISSIPPI R,EeEl VED Jackson, Mississippi

J, T, Noblin CLERK
245 E. Capitol St., Suite 316 Jackson. MS 39201
TELEPHONE
(601) 965-4439

• NOV -9 PH.,,; 3,November 6,2007

Perry D, Mathis, Clerk
U. S, District Court 140 Hugo L. Black U,S. Courthouse 1729 5th Avenue North Birmingham, Al 35203

DIVISIONS SOUTHERN at Gulfport
2012 15th Street, Suite 403 Zip 39501
HATTIESBURG at Hattiesburg 701 Main St., Suite 200
Zip 39401
JACKSON at Jackson 245 E. Capitol, Suite 316 Zip 39201
EASTERN & WESTERN at Jackson 245 E, Capitol. Suite 316 Zip 39201

RE: MOL No. 1872 ··IN RE: Wayne Farms LLC Fair Labor Standards Act Litigation

Title Case(s): Jimmy W. Belue, et al v. Wayne Farms Robert Thomas Dunn, et al v. Wayne Farms James E. Bolden, et al v. Wayne Farms Pamela M. Allen. et al v. Wayne Farms
Dear Clerk:

Your Case Number(s): New Case Number(s):

CA No. 4:06-2095 CA No. 2:07cv1004KS·MTP 1(DP

CA No. 4:07-647 CA No. 5:06-2096 CA No. 5:07·639

CA No. 2:07cv1005KS·MTP 'in p
-rrt: CA No. 2:07cv1006KS·MTP
W CA No. 2:07cv1007KS·MTP

........

Enclosed is a certified copy of the Transfer Order from the Judicial Panel on Multidistrict Litigation transferring the above entitled actions to the Southern District of Mississippi, Hattiesburg Division. The cases have been assigned to Honorable Keith Starrett for coordinated or consolidated pretrial processing pursuant to 28 USC §1407.

If the cases are electronically filed. please e-mail the PDF documents, as separate files. including a PDF copy of the docket sheet to interdistricttransfecmssd@mssd.uscourts.gOY. If cases were not electronically filed, please provide certified copies of the docket sheet, complaint with any amendments. We appreciate your prompt attention to this matter.

Sincerely yours.

Enclosure

 
 Case: 4:06-cv-2095 As of: 05/28/2010 02:16 PM CDT 1 of 21
LEAD, TRANSFERRED MDL
U.S. District Court Northern District of Alabama (Middle) CIVIL DOCKET FOR CASE #: 4:06−cv−02095−RDP

Belue et al v. Wayne Farms, LLC Assigned to: Judge R David Proctor Cause: 29:201 Fair Labor Standards Act Special Master James Harris
Special Master James A Harris, Jr. Plaintiff Jimmy Belue

Date Filed: 10/18/2006 Date Terminated: 11/13/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question
represented by James A Harris , Jr HARRIS &HARRIS LLP Colonial Bank Building 2501 20th Place S, Suite 450 Birmingham, AL 35223 205−871−5777 Fax: 205−871−0029 Email: jim@harris−harris.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Joseph D Lane COCHRAN CHERRY GIVENS SMITH LANE &TAYLOR PC 163 W Main Street PO Box 927 Dothan, AL 36302 334−793−1555 Fax: 334−793−8280 Email: jlane@cochranfirm.com TERMINATED: 12/27/2006 LEAD ATTORNEY
Lance Harrison Swanner THE COCHRAN FIRM PC 163 W Main Street PO Box 927 Dothan, AL 36302 334−793−1555 Fax: 334−793−8280 Email: shughes@cochranfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Roman A Shaul BEASLEY ALLEN CROW METHVIN PORTIS &MILES PC PO Box 4160 Montgomery, AL 36103−4160 1−334−269−2343 Email: roman.shaul@beasleyallen.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Samuel A Cherry , Jr COCHRAN CHERRY GIVENS SMITH

Case: 4:06-cv-2095 As of: 05/28/2010 02:16 PM CDT 2 of 21

LANE &TAYLOR PC 163 W Main Street PO Box 927 Dothan, AL 36302 334−793−1555 Fax: 334−836−2500 Email: scherry@cochranfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bernard D Nomberg THE COCHRAN FIRM 505 North 20th Street, Suite 825 Birmingham, AL 35203 205−930−6900 Fax: 205−930−6910 Email: bnomberg@cochranfirm.com ATTORNEY TO BE NOTICED

Richard B Celler MORGAN &MORGAN 7450 Griffin Road, Suite 230 Davie, FL 33314 954−318−0268 Fax: 954−333−3515 Email: maria@cellerlegal.com TERMINATED: 03/29/2007

Robert J Camp THE COCHRAN FIRM 505 North 20th Street, Suite 825 Birmingham, AL 35203 205−244−1115 Fax: 205−244−1171 Email: rcamp@cochranfirm.com ATTORNEY TO BE NOTICED

W Daniel Miles , III BEASLEY ALLEN CROW METHVIN PORTIS &MILES PC P O Box 4160 Montgomery, AL 36103−4160 334−269−2343 Fax: 334−954−7555 Email: dee.miles@beasleyallen.com ATTORNEY TO BE NOTICED

Plaintiff Lisa Blankenship

represented by Joseph D Lane (See above for address) TERMINATED: 12/27/2006 LEAD ATTORNEY

Lance Harrison Swanner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Samuel A Cherry , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bernard D Nomberg

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(See above for address) ATTORNEY TO BE NOTICED

Richard B Celler (See above for address) TERMINATED: 03/29/2007

Robert J Camp (See above for address) ATTORNEY TO BE NOTICED

Roman A Shaul (See above for address) ATTORNEY TO BE NOTICED

W Daniel Miles , III (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Paul Naylor

represented by Joseph D Lane (See above for address) TERMINATED: 12/27/2006 LEAD ATTORNEY

Lance Harrison Swanner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Samuel A Cherry , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bernard D Nomberg (See above for address) ATTORNEY TO BE NOTICED

Richard B Celler (See above for address) TERMINATED: 03/29/2007

Robert J Camp (See above for address) ATTORNEY TO BE NOTICED

Roman A Shaul (See above for address) ATTORNEY TO BE NOTICED

W Daniel Miles , III (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Michael Rice

represented by Joseph D Lane (See above for address) TERMINATED: 12/27/2006 LEAD ATTORNEY

Lance Harrison Swanner (See above for address) LEAD ATTORNEY

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ATTORNEY TO BE NOTICED

Samuel A Cherry , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bernard D Nomberg (See above for address) ATTORNEY TO BE NOTICED

Richard B Celler (See above for address) TERMINATED: 03/29/2007

Robert J Camp (See above for address) ATTORNEY TO BE NOTICED

Roman A Shaul (See above for address) ATTORNEY TO BE NOTICED

W Daniel Miles , III (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Barbara D Baker

represented by Joseph D Lane (See above for address) TERMINATED: 12/27/2006 LEAD ATTORNEY

Lance Harrison Swanner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Samuel A Cherry , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bernard D Nomberg (See above for address) ATTORNEY TO BE NOTICED

Richard B Celler (See above for address) TERMINATED: 03/29/2007

Robert J Camp (See above for address) ATTORNEY TO BE NOTICED

Roman A Shaul (See above for address) ATTORNEY TO BE NOTICED

W Daniel Miles , III (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

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Erskine Baker

represented by Joseph D Lane (See above for address) TERMINATED: 12/27/2006 LEAD ATTORNEY

Lance Harrison Swanner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Samuel A Cherry , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bernard D Nomberg (See above for address) ATTORNEY TO BE NOTICED

Richard B Celler (See above for address) TERMINATED: 03/29/2007

Robert J Camp (See above for address) ATTORNEY TO BE NOTICED

Roman A Shaul (See above for address) ATTORNEY TO BE NOTICED

W Daniel Miles , III (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Martin Chambers

represented by Joseph D Lane (See above for address) TERMINATED: 12/27/2006 LEAD ATTORNEY

Lance Harrison Swanner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Samuel A Cherry , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bernard D Nomberg (See above for address) ATTORNEY TO BE NOTICED

Richard B Celler (See above for address) TERMINATED: 03/29/2007

Robert J Camp (See above for address) ATTORNEY TO BE NOTICED

Roman A Shaul

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(See above for address) ATTORNEY TO BE NOTICED

W Daniel Miles , III (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Frances Chamblee

represented by Joseph D Lane (See above for address) TERMINATED: 12/27/2006 LEAD ATTORNEY

Lance Harrison Swanner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Samuel A Cherry , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bernard D Nomberg (See above for address) ATTORNEY TO BE NOTICED

Richard B Celler (See above for address) TERMINATED: 03/29/2007

Robert J Camp (See above for address) ATTORNEY TO BE NOTICED

Roman A Shaul (See above for address) ATTORNEY TO BE NOTICED

W Daniel Miles , III (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Jeffrey S Chandler

represented by Joseph D Lane (See above for address) TERMINATED: 12/27/2006 LEAD ATTORNEY

Lance Harrison Swanner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Samuel A Cherry , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bernard D Nomberg (See above for address) ATTORNEY TO BE NOTICED

Richard B Celler

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(See above for address) TERMINATED: 03/29/2007

Robert J Camp (See above for address) ATTORNEY TO BE NOTICED

Roman A Shaul (See above for address) ATTORNEY TO BE NOTICED

W Daniel Miles , III (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Donna J Dooley

represented by Joseph D Lane (See above for address) TERMINATED: 12/27/2006 LEAD ATTORNEY

Lance Harrison Swanner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Samuel A Cherry , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bernard D Nomberg (See above for address) ATTORNEY TO BE NOTICED

Richard B Celler (See above for address) TERMINATED: 03/29/2007

Robert J Camp (See above for address) ATTORNEY TO BE NOTICED

Roman A Shaul (See above for address) ATTORNEY TO BE NOTICED

W Daniel Miles , III (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Jimmy Hamilton

represented by Joseph D Lane (See above for address) TERMINATED: 12/27/2006 LEAD ATTORNEY

Lance Harrison Swanner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Samuel A Cherry , Jr (See above for address)

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LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bernard D Nomberg (See above for address) ATTORNEY TO BE NOTICED

Richard B Celler (See above for address) TERMINATED: 03/29/2007

Robert J Camp (See above for address) ATTORNEY TO BE NOTICED

Roman A Shaul (See above for address) ATTORNEY TO BE NOTICED

W Daniel Miles , III (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Carolyn Sue Hogeland

represented by Joseph D Lane (See above for address) TERMINATED: 12/27/2006 LEAD ATTORNEY

Lance Harrison Swanner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Samuel A Cherry , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bernard D Nomberg (See above for address) ATTORNEY TO BE NOTICED

Richard B Celler (See above for address) TERMINATED: 03/29/2007

Robert J Camp (See above for address) ATTORNEY TO BE NOTICED

Roman A Shaul (See above for address) ATTORNEY TO BE NOTICED

W Daniel Miles , III (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Wendy Mendel

represented by Joseph D Lane (See above for address) TERMINATED: 12/27/2006 LEAD ATTORNEY

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Plaintiff Kathy Moore

Lance Harrison Swanner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Samuel A Cherry , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Bernard D Nomberg (See above for address) ATTORNEY TO BE NOTICED
Richard B Celler (See above for address) TERMINATED: 03/29/2007
Robert J Camp (See above for address) ATTORNEY TO BE NOTICED
Roman A Shaul (See above for address) ATTORNEY TO BE NOTICED
W Daniel Miles , III (See above for address) ATTORNEY TO BE NOTICED
represented by Joseph D Lane (See above for address) TERMINATED: 12/27/2006 LEAD ATTORNEY
Lance Harrison Swanner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Samuel A Cherry , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Bernard D Nomberg (See above for address) ATTORNEY TO BE NOTICED
Richard B Celler (See above for address) TERMINATED: 03/29/2007
Robert J Camp (See above for address) ATTORNEY TO BE NOTICED
Roman A Shaul (See above for address) ATTORNEY TO BE NOTICED
W Daniel Miles , III

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(See above for address) ATTORNEY TO BE NOTICED

Plaintiff Judy S Oliver

represented by Joseph D Lane (See above for address) TERMINATED: 12/27/2006 LEAD ATTORNEY

Lance Harrison Swanner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Samuel A Cherry , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bernard D Nomberg (See above for address) ATTORNEY TO BE NOTICED

Richard B Celler (See above for address) TERMINATED: 03/29/2007

Robert J Camp (See above for address) ATTORNEY TO BE NOTICED

Roman A Shaul (See above for address) ATTORNEY TO BE NOTICED

W Daniel Miles , III (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Bruce T Poe

represented by Joseph D Lane (See above for address) TERMINATED: 12/27/2006 LEAD ATTORNEY

Lance Harrison Swanner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Samuel A Cherry , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bernard D Nomberg (See above for address) ATTORNEY TO BE NOTICED

Richard B Celler (See above for address) TERMINATED: 03/29/2007

Robert J Camp

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(See above for address) ATTORNEY TO BE NOTICED

Roman A Shaul (See above for address) ATTORNEY TO BE NOTICED

W Daniel Miles , III (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Tammy Renee Richey

represented by Joseph D Lane (See above for address) TERMINATED: 12/27/2006 LEAD ATTORNEY

Lance Harrison Swanner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Samuel A Cherry , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bernard D Nomberg (See above for address) ATTORNEY TO BE NOTICED

Richard B Celler (See above for address) TERMINATED: 03/29/2007

Robert J Camp (See above for address) ATTORNEY TO BE NOTICED

Roman A Shaul (See above for address) ATTORNEY TO BE NOTICED

W Daniel Miles , III (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Betty R Tipton

represented by Joseph D Lane (See above for address) TERMINATED: 12/27/2006 LEAD ATTORNEY

Lance Harrison Swanner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Samuel A Cherry , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bernard D Nomberg

Case: 4:06-cv-2095 As of: 05/28/2010 02:16 PM CDT 12 of 21

(See above for address) ATTORNEY TO BE NOTICED

Richard B Celler (See above for address) TERMINATED: 03/29/2007

Robert J Camp (See above for address) ATTORNEY TO BE NOTICED

Roman A Shaul (See above for address) ATTORNEY TO BE NOTICED

W Daniel Miles , III (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Constance Vinson

represented by Joseph D Lane (See above for address) TERMINATED: 12/27/2006 LEAD ATTORNEY

Lance Harrison Swanner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Samuel A Cherry , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bernard D Nomberg (See above for address) ATTORNEY TO BE NOTICED

Richard B Celler (See above for address) TERMINATED: 03/29/2007

Robert J Camp (See above for address) ATTORNEY TO BE NOTICED

Roman A Shaul (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Jenifier Wynn

represented by Joseph D Lane (See above for address) TERMINATED: 12/27/2006 LEAD ATTORNEY

Lance Harrison Swanner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Samuel A Cherry , Jr (See above for address)

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LEAD ATTORNEY ATTORNEY TO BE NOTICED
Bernard D Nomberg (See above for address) ATTORNEY TO BE NOTICED
Richard B Celler (See above for address) TERMINATED: 03/29/2007
Robert J Camp (See above for address) ATTORNEY TO BE NOTICED
Roman A Shaul (See above for address) ATTORNEY TO BE NOTICED
W Daniel Miles , III (See above for address) ATTORNEY TO BE NOTICED

V.
Defendant
Wayne Farms, LLC a Delaware Corporation doing business in Alabama

represented by J. Dorman Walker BALCH &BINGHAM LLP PO Box 78 Montgomery, AL 36101 334−834−6500 Fax: 334−736−3854 Email: dwalker@balch.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa J Sharp BALCH &BINGHAM LLP 1901 Sixth Avenue North P O Box 306 Birmingham, AL 35201−0306 205−226−8714 Fax: 205−226−8798 Email: lsharp@balch.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wendy A Madden BALCH &BINGHAM LLP Post Office Box 306 Birmingham, AL 35201−0306 205−251−8100 Fax: 205−488−5708 Email: wmadden@balch.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Pepper Crutcher , Jr BALCH &BINGHAM LLP 401 East Capitol Street, Sutie 200 Jackson, MS 39201 601−965−8158 Fax: 601−254−2607 Email: pcrutcher@balch.com

Case: 4:06-cv-2095 As of: 05/28/2010 02:16 PM CDT 14 of 21 ATTORNEY TO BE NOTICED

Date Filed 10/18/2006 10/18/2006 10/19/2006 10/23/2006 11/09/2006 11/09/2006 11/09/2006 11/09/2006 11/15/2006 11/16/2006 11/16/2006 12/06/2006
12/20/2006 12/22/2006 12/27/2006 12/27/2006
01/16/2007

# Docket Text
1 COMPLAINT against Wayne Farms, LLC (Filing fee $ 350.00, receipt # 200 230581.) , filed by Plaintiffs. (Attachments: # 1 Exhibit A)(KSS, ) (Entered: 10/19/2006)
2 Request for service by certified mail filed by Plaintiffs. (KSS, ) (Entered: 10/19/2006)
3 Summons Issued as to Wayne Farms, LLC., mailed certified mail. (KSS, ) (Entered: 10/19/2006)
4 SUMMONS Returned Executed as to Wayne Farms, LLC served on 10/20/2006, answer due 11/9/2006. (KSS, ) (Entered: 10/23/2006)
5 NOTICE of Appearance by Lisa J Sharp on behalf of Wayne Farms, LLC (Sharp, Lisa) (Entered: 11/09/2006)
6 ANSWER to Complaint by Wayne Farms, LLC.(Sharp, Lisa) (Entered: 11/09/2006)
7 MOTION for Leave to Appear Admission Pro Hac Vice of Pepper Crutcher by Wayne Farms, LLC. (Attachments: # 1)(Sharp, Lisa) (Entered: 11/09/2006)
8 ALND UNIFORM INITIAL ORDER reminding parties of their obligaitions under FRCP 26(f) and LR26.1(d) with appendices attached. Signed by Judge R David Proctor on 11/9/2006. (KSS, ) (Entered: 11/09/2006)
9 NOTICE by Wayne Farms, LLC re 7 MOTION for Leave to Appear Admission Pro Hac Vice of Pepper Crutcher of Filing (Attachments: # 1)(Sharp, Lisa) (Entered: 11/15/2006)
PHV Fee paid: $ 50.00, receipt number 200 231345. (KSS, ) (Entered: 11/16/2006)
ORDER granting 7 Motion for Leave to Appear Pepper Crutcher pro hac vice . Signed by Judge R David Proctor on 11/16/06. (SFR, ) (Entered: 11/16/2006)
10 NOTICE of Appearance by Bernard D Nomberg on behalf of Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn (Nomberg, Bernard) (Entered: 12/06/2006)
11 MOTION to Withdraw as Attorney Motion for and Notice of Withdrawal by Jimmy Belue. (Lane, Joseph) (Entered: 12/20/2006)
12 Joint MOTION to Continue Deadline for Rule 26 Report by Wayne Farms, LLC. (Sharp, Lisa) (Entered: 12/22/2006)
ORDER granting 12 Motion to Continue Rule 26 report deadline. The deadline for filing the Rule 26 report is EXTENDED until 01/16/07. Signed by Judge R David Proctor on 12/27/06. (SFR, ) (Entered: 12/27/2006)
13 ORDER granting 11 Motion to Withdraw Joseph D. Lane as Attorney. Attorney Joseph D Lane terminated for plaintiffs. Signed by Judge R David Proctor on 12/27/2006. (KSS, ) Additional attachment(s) added on 12/27/2006 (KSS, ). (Entered: 12/27/2006)
14 NOTICE of Appearance by Robert J Camp on behalf of Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn (Camp, Robert) (Entered: 01/16/2007)

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01/16/2007 01/16/2007
01/16/2007 01/17/2007 01/18/2007 01/18/2007
01/22/2007
01/24/2007 01/30/2007 01/31/2007 01/31/2007
02/02/2007 02/02/2007 02/05/2007

15 MOTION to Stay , or alternatively, MOTION to Apply the First−Filed Ruled by Wayne Farms, LLC. (Attachments: # 1 Tab A# 2 TAB B Part 1# 3 Tab B Part 2# 4 Tab B Part 3# 5 Tab B Part 4# 6 Tab B Part 5# 7 Tab B Part 6)(Sharp, Lisa) Modified on 1/17/2007 (KSS, ). (Entered: 01/16/2007)
16 NOTICE by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn Notice of Filing Additional Notices of Consent to Join (Camp, Robert) (Entered: 01/16/2007)
17 REPORT of Rule 26(f) Planning Meeting. (Camp, Robert) (Entered: 01/16/2007)
18 ORDER SETTING BRIEFING SCHEDULE re 15 MOTION to Stay, or Alternatively, Motion to Apply the First−Filed Rule, all non−summary judgment motions filed after the entry of this order shall comply with attached "Exhibit B." Signed by Judge R David Proctor on 1/17/2007. (KSS, ) (Entered: 01/17/2007)
19 ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE this case is SET for a Rule 16(b) Scheduling Conference on 2/2/2007 at 09:30 AM, in chambers of the undersigned located Hugo L. Black U.S. Courthouse, Birmingham, Alabama. Signed by Judge R David Proctor on 1/17/2007. (KSS, ) (Entered: 01/18/2007)
20 MOTION to Amend/Correct 1 Complaint by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn. (Camp, Robert) (Entered: 01/18/2007)
21 MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Stay PROCEEDINGS OR ALTERNATIVE MOTION TO APPLY THE FIRST FILED RULE by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn. (Camp, Robert) (Entered: 01/22/2007)
ORDER granting 21 Motion for Extension of Time to File Response/Reply re 15 MOTION to Stay. Responses due by 2/3/2007; Replies due by 2/6/2007. Signed by Judge R David Proctor on 01/24/07. (SFR, ) (Entered: 01/24/2007)
22 RESPONSE in Opposition re 20 MOTION to Amend/Correct 1 Complaint (PLAINTIFFS? MOTION FOR LEAVE TO FILE AMENDED COMPLAINT) filed by Wayne Farms, LLC. (Sharp, Lisa) (Entered: 01/30/2007)
23 AMENDED DOCUMENT by Wayne Farms, LLC. Amendment to 22 Response in Opposition to Motion Referenced Materials regarding Defendant's Objection to Plaintiffs' Motion For Leave to File Amended Complaint. (Sharp, Lisa) (Entered: 01/31/2007)
24 MOTION for Leave to Appear Pro Hac Vice of Richard Celler by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn. (Camp, Robert) (Entered: 01/31/2007)
Minute Entry for proceedings held before Judge R David Proctor : Scheduling Conference held on 2/2/2007 − discussion of case status − written order to be entered at a later date. (Court Reporter None.) (TGP, ) (Entered: 02/02/2007)
PHV Fee paid: $ 50.00, receipt number 200 233442 (KSS, ) (Entered: 02/02/2007)
ORDER granting 24 Motion for Leave to Appear Richard Celler pro hac vice . Signed by Judge R David Proctor on 02/05/07. (SFR, ) (Entered: 02/05/2007)

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02/09/2007 02/15/2007
02/16/2007 02/20/2007
02/20/2007
02/23/2007
02/28/2007 03/02/2007 03/02/2007
03/05/2007
03/05/2007 03/07/2007

25 ORDER granting in part and denying in part as set out the 20 Motion for Leave to File Amended Complaint. Signed by Judge R David Proctor on 2/9/2007. (KSS, ) (Entered: 02/09/2007)
26 AMENDED COMPLAINT FIRST AMENDED COMPLAINT against Wayne Farms, LLC, filed by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn.(Camp, Robert) (Entered: 02/15/2007)
27 MOTION for Protective Order (Opposed) by Wayne Farms, LLC. (Attachments: # 1 Text of Proposed Order # 2 Exhibit A# 3 Exhibit B−D)(Sharp, Lisa) (Entered: 02/16/2007)
28 MOTION to Certify Class by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit 1# 4 Exhibit 2# 5 Exhibit 3# 6 Exhibit 4)(Camp, Robert) (Entered: 02/20/2007)
29 NOTICE by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn OF FILING ADDITIONAL NOTICES OF CONSENT TO JOIN (Camp, Robert) (Entered: 02/20/2007)
30 ORDER the court orders the parties' immediate attention to the follwing issues as set out, on or before 3/1/2007, counsel for the parties are ordered to meet face−to−face at a mutually agreeable location in order to discuss the issues as set out, if parties cannont agree about the issues, counsel are ordered to notify the the court's chambers and to appear before the court for a hearing on 3/2/2007 at 9:00 a.m. Signed by Judge R David Proctor on 2/23/2007. (KSS, ) (Entered: 02/23/2007)
31 Corporate Disclosure Statement by Wayne Farms, LLC. (Crutcher, Pepper) (Entered: 02/28/2007)
32 ANSWER to Amended Complaint by Wayne Farms, LLC.(Sharp, Lisa) (Entered: 03/02/2007)
ORDER that the court held a conference call with the parties on 3/1/07 to discuss the parties' compliance with the court's Order of 2/23/07 (Doc. # 30). The court hereby ORDERS that the parties shall submit a joint status report on all issues highlighted in the court's Order of 2/23/07 (Doc. # 30) by no later than 5:00 p.m. on Monday, 03/05/07. If all issues are not resolved by the parties at that time, the parties SHALL submit briefing on the remaining areas of disagreement between the parties no later than 5:00 p.m. on Friday, 03/09/07. The court will schedule a hearing, if necessary, to entertain argument on any issues the parties do not resolve. Signed by Judge R David Proctor on 03/02/07. (SFR, ) (Entered: 03/02/2007)
33 STIPULATION AGREED DISCOVERY AND PROTECTIVE ORDER by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn. (Camp, Robert) (Entered: 03/05/2007)
34 NOTICE by All Plaintiffs of Filing Additional Notices of Consent to Join (Camp, Robert) (Entered: 03/05/2007)
35 STIPULATED DISCOVERY AND PROTECTIVE ORDER. Signed by Judge R David Proctor on 3/6/2007. (KSS, ) (Entered: 03/07/2007)

Case: 4:06-cv-2095 As of: 05/28/2010 02:16 PM CDT 17 of 21

03/12/2007 03/13/2007
03/14/2007 03/14/2007
03/19/2007 03/21/2007 03/21/2007
03/23/2007 03/27/2007
03/28/2007
03/29/2007 03/30/2007

36 NOTICE of Appearance by Roman A Shaul on behalf of Jimmy Belue (Shaul, Roman) (Entered: 03/12/2007)
37 NOTICE of Appearance by Roman A Shaul on behalf of Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn (Shaul, Roman) (Entered: 03/13/2007)
38 ORDER SETTING STATUS CONFERENCE this case is SET for a joint status conference on 3/29/2007 at 10:00 AM to be held in conjunction with a status conference in case 5:06−cv−2096−IPJ, in chambers of the Honorable Inge Prytz Johnson at Room 361 Hugo L. Black U.S. Courthouse, Birmingham, Alabama. Signed by Judge R David Proctor on 3/14/2007. (KSS, ) (Entered: 03/14/2007)
39 RESPONSE to Motion re 15 MOTION to Stay PLAINTIFFS' RESPONSE TO DEFENDANT'S MOTION TO STAY PROCEEDINGS filed by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6)(Camp, Robert) (Entered: 03/14/2007)
Upon oral motion of the Plaintiffs, the court GRANTS Plaintiffs' motion to file a surreply to Defendants' Motion to Stay, or Alternatively, Motion to Apply the First−Filed Rule 15 . Plaintiffs' surreply is due no later than 5 p.m. on April 4, 2007. The court will thereafter rule on the motion. Signed by Judge R David Proctor on 03/19/07. (SFR, ) (Entered: 03/19/2007)
40 REPLY to re 39 Plaintiffs' Response to Defendant's Motion to Stay Proceedings filed by Wayne Farms, LLC. (Attachments: # 1 Exhibit)(Sharp, Lisa) (Entered: 03/21/2007)
41 NOTICE by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn OF FILING ADDITIONAL CONSENT TO JOIN (Attachments: # 1 Exhibit A)(Camp, Robert) (Entered: 03/21/2007)
42 ORDER granting in part and denying in part as set out 15 Motion to Stay, or Alternatively, Motion to Apply the First−Filed Rule . Signed by Judge R David Proctor on 3/23/2007. (KSS, ) (Entered: 03/23/2007)
43 ORDER SETTING BRIEFING SCHEDULE re: 28 Motion to Certify the Class, by agreement of the parties the briefing schedule for motion shall be altered such that dft's response is due by 4/10/2007, any reply from pla is due by 4/17/2007, any non−summary judgment motions filed after the entry of this order shall comply with attached "Exhibit B." Signed by Judge R David Proctor on 3/27/2007. (KSS, ) (Entered: 03/27/2007)
44 MOTION to Withdraw as Attorney MOTION FOR AND NOTICE OF WITHDRAWAL by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn. (Celler, Richard) (Entered: 03/28/2007)
ORDER granting Richard Celler's 44 Motion to Withdraw as Attorney. . Signed by Judge R David Proctor on 03/29/07. (SFR, ) (Entered: 03/29/2007)
45 ORDER that plas file notice of identity of new plas severed from the Agee action and transferred to Bolden (5:06−cv−2096) and Belue (4:06−cv−2095) and file a copy of Agee order that severed Alabama plas in above cases; William Hommel, Jr. counsel for add'l new plas shall have until 4/3/07 to file add'l pleadings and dft shall have until 4/10/07 to file response; Status Conference set for both cases on

Case: 4:06-cv-2095 As of: 05/28/2010 02:16 PM CDT 18 of 21

04/02/2007 04/03/2007 04/10/2007 04/10/2007 04/11/2007 04/13/2007 04/17/2007
04/17/2007
04/23/2007 04/23/2007 04/23/2007

5/23/2007 10:00 AM in Judge Inge P Johnson's chambers; parties are ordered to continue discussions regarding appt of special master. Signed by Judge R David Proctor on 3/30/07. (ASL, ) Modified on 3/30/2007 − e−mailed to atty Hommel (ASL, ). (Entered: 03/30/2007)
46 MOTION for Hearing re 28 MOTION to Certify Class (Request for Oral Argument) by Wayne Farms, LLC. (Sharp, Lisa) (Entered: 04/02/2007)
47 NOTICE by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn NOTICE OF FILING ADDITIONAL NOTICES OF CONSENT TO JOIN (Camp, Robert) (Entered: 04/03/2007)
48 ORDER the court will hear oral argument on the 46 MOTION for Hearing re 28 Request for Oral Argument contemporaneously with the hearing set in civil action number 5:06−CV−2096−IPJ on 4/24/2007 at 09:00 AM in Courtroom 3 of the Hugo L. Black U.S. Courthouse, Birmingham, Alabama. Signed by Judge R David Proctor on 4/10/2007. (KSS, ) (Entered: 04/10/2007)
49 RESPONSE to Motion re 28 MOTION to Certify Class filed by Wayne Farms, LLC. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 3 Part 2# 5 Exhibit 4)(Sharp, Lisa) (Entered: 04/10/2007)
50 ORDER the court ORDERS that these case be consolidated for the purposes of dicovery, pre−trial and all other deadlines, parties are to file documents in the lead case (4:06−CV−2095−RDP) only; all documents should contain the lead case number (4:06−CV−2095−RDP) as well as the member case number (4:07−CV−0647−RDP). Signed by Judge R David Proctor on 4/11/2007. (KSS, ) (Entered: 04/11/2007)
51 TRANSCRIPT of Status Conference held on March 29, 2007 before Judge Inge P. Johnson and Judge R. David Proctor. Court Reporter: Leah S. Turner. [Contact court reporter for copy of transcript] Associated Cases: 4:06−cv−02095−RDP,4:07−cv−00647−RDP(ASL, ) (Entered: 04/16/2007)
52 REPLY to re 49 PLAINTIFFS' REPLY TO DEFENDANT'S BRIEF IN OPPOSITION TO PLAINTIFFS MOTION FOR AN ORDER PERMITTING NOTICE TO EMPLOYEES OF THEIR OPT−IN RIGHTS (Doc. 49) filed by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)Associated Cases: 4:06−cv−02095−RDP,4:07−cv−00647−RDP(Camp, Robert) (Entered: 04/17/2007)
53 NOTICE by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn Notice of Filing Additional Consents to Join (Attachments: # 1 Exhibit 1)Associated Cases: 4:06−cv−02095−RDP,4:07−cv−00647−RDP(Camp, Robert) (Entered: 04/17/2007)
54 MOTION for Leave for William S. Hommel, Jr., to Appear Pro Hac Vice for Plaintiff's in member case 07−647 filed by Robert Thomas Dunn, Christan Edmundson. (Attachments: # 1 Affidavit # 2 Text of Proposed Order)Associated Cases: 4:06−cv−02095−RDP,4:07−cv−00647−RDP(Hommel, William) Modified on 4/23/2007 (KSS, ). (Entered: 04/23/2007)
PHV Fee paid: $ 50.00, receipt number 200 235767. Associated Cases: 4:06−cv−02095−RDP,4:07−cv−00647−RDP(KSS, ) (Entered: 04/23/2007)
ORDER granting 54 Motion for Leave to Appear William S. Hommel, Jr. pro hac vice . Signed by Judge R David Proctor on 04/23/07. Associated Cases:

Case: 4:06-cv-2095 As of: 05/28/2010 02:16 PM CDT 19 of 21

05/01/2007 05/03/2007 05/22/2007 05/25/2007
06/06/2007 06/06/2007 06/07/2007 06/18/2007 06/20/2007 06/21/2007

4:06−cv−02095−RDP,4:07−cv−00647−RDP(SFR, ) (Entered: 04/23/2007)
55 ORDER SETTING HEARING AND STATUS CONFERENCE the motions are hereby RESET for oral argument in each of the above−styled cases on 5/23/2007 at 10:00 AM before Judge Inge P Johnson in Courtroom 3 of the Hugo L. Black U.S. Courthouse, Birmingham, Alabama. Signed by Judge Inge P Johnson and Judge R David Proctor on 5/1/2007. Associated Cases: 4:06−cv−02095−RDP,4:07−cv−00647−RDP(KSS, ) (Entered: 05/01/2007)
56 NOTICE of Appearance by W Daniel Miles, III on behalf of Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Jenifier Wynn Associated Cases: 4:06−cv−02095−RDP,4:07−cv−00647−RDP(Miles, W) (Entered: 05/03/2007)
57 NOTICE of Appearance by Dorman Walker on behalf of Wayne Farms, LLC Associated Cases: 4:06−cv−02095−RDP,4:07−cv−00647−RDP(Walker, Dorman) (Entered: 05/22/2007)
58 ORDER a status conference was held, at the conference, the parties discussed the appointment of a special master, the proposed class notice, in accordance with the discussions, it is ORDERED that on or before 6/8/2007, the parties are to submit a joint status report and a proposed class notice, it is further ORDERED that on or before 6/8/2007, the parties are to submit a status report regarding the acquisition of mailing addresses for the purpose of mailing the class notice . Signed by Judge R David Proctor on 5/24/2007. Associated Cases: 4:06−cv−02095−RDP,4:07−cv−00647−RDP(KSS, ) (Entered: 05/25/2007)
59 NOTICE by Wayne Farms, LLC of Motion to Transfer and Consolidate for Pretrial Proceedings (Attachments: # 1 Exhibit A# 2 Exhibit B)Associated Cases: 4:06−cv−02095−RDP,4:07−cv−00647−RDP(Crutcher, Pepper) (Entered: 06/06/2007)
60 NOTICE by Wayne Farms, LLC of Brief Supporting Motion to Transfer and Consolidate for Pretrial Proceedings (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit L# 12 Exhibit M# 13 Exhibit N# 14 Exhibit O# 15 Exhibit P# 16 Exhibit Q# 17 Exhibit R)Associated Cases: 4:06−cv−02095−RDP,4:07−cv−00647−RDP(Crutcher, Pepper) (Entered: 06/06/2007)
61 ORDER re 59 Notice of Motion to Transfer and Consolidate for Pretrial Proceedings to the Judicial Panel on MDL, accordingly, the court finds that this case is STAYED, the parties shall immediately notify the court that the stay should be lifted and file status reports as set out. Signed by Judge R David Proctor on 6/7/2007. Associated Cases: 4:06−cv−02095−RDP,4:07−cv−00647−RDP(KSS, ) (Entered: 06/07/2007)
62 First MOTION LIFT STAY re 61 Order, by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn. Associated Cases: 4:06−cv−02095−RDP,4:07−cv−00647−RDP(Camp, Robert) (Entered: 06/18/2007)
63 ORDER this case is SET for a telephone conference on 6/26/2007 at 01:30 PM to discuss plas' 62 First MOTION LIFT STAY, the court will initiate the call, the parties SHALL submit a joint status report as set out. Signed by Judge R David Proctor on 6/20/2007. Associated Cases: 4:06−cv−02095−RDP,4:07−cv−00647−RDP(KSS, ) (Entered: 06/20/2007)
64 Opposition to Plaintiffs' Motion to Lift Stay filed by Wayne Farms, LLC. Associated Cases: 4:06−cv−02095−RDP,4:07−cv−00647−RDP(Walker, Dorman) (Entered: 06/21/2007)

Case: 4:06-cv-2095 As of: 05/28/2010 02:16 PM CDT 20 of 21

06/25/2007 06/26/2007 06/29/2007
07/03/2007
07/03/2007
07/20/2007 07/24/2007 07/25/2007 08/02/2007 08/03/2007 09/07/2007 09/13/2007

65 NOTICE by Wayne Farms, LLC of Joint Status Report (Attachments: # 1 Exhibits)Associated Cases: 4:06−cv−02095−RDP,4:07−cv−00647−RDP(Walker, Dorman) (Entered: 06/25/2007)
Minute Entry for proceedings held before Judge R David Proctor : Telephone Conference held on 6/26/2007. (Court Reporter None..) Associated Cases: 4:06−cv−02095−RDP,4:07−cv−00647−RDP(TGP, ) (Entered: 06/29/2007)
66 STATUS REPORT Joint Status Report on Special Master Appointment by Paul Naylor, Michael Rice, Barbara D Baker, Erskine Baker, Martin Chambers, Jimmy Belue, Frances Chamblee, Jeffrey S Chandler, Donna J Dooley, Jimmy Hamilton, Carolyn Sue Hogeland, Wendy Mendel, Kathy Moore, Judy S Oliver, Bruce T Poe, Tammy Renee Richey, Lisa Blankenship, Betty R Tipton, Constance Vinson, Jenifier Wynn, Wayne Farms, LLC. Associated Cases: 4:06−cv−02095−RDP,4:07−cv−00647−RDP(Walker, Dorman) (Entered: 06/29/2007)
67 ORDER re: it is ordered by the court that plas' 62 Motion to Lift Stay is GRANTED as set out, any other filings SHALL only be permitted after the parties face−to−face meeting, it is further ORDERED by the court that plas' 28 Motion to Facilitate is GRANTED, it is further order by the court that the following notice of right to opt−in to collective action be sent to all present and former "1st and 2nd processing" employees of dft who were paid on a master card time basis as set out. Signed by Judge R David Proctor on 7/3/2007. (Attachments: # 1 Exhibit Class Notice # 2 Exhibit) Consent to join suit as party pla Associated Cases: 4:06−cv−02095−RDP,4:07−cv−00647−RDP(KSS, ) (Entered: 07/03/2007)
68 ORDER the parties are hereby ORDERED to review the order issued by Judge Proctor on 4/16/2007, the parties are ORDERED to discuss and formulate an agreed report regarding the appointment of a special master, the parties were further ORDERED to submit to the court an agreed to report as set out, it is therefore ORDERED that Crutcher, Lisa Sharp, Walker, Hommel, Camp and Shaul meet face−to−face by 7/13/2007, to discuss the substance as set and file a report by 7/20/2007 at 2:00 pm . Signed by Judge R David Proctor on 7/3/2007. Associated Cases: 4:06−cv−02095−RDP,4:07−cv−00647−RDP(KSS, ) (Entered: 07/03/2007)
69 NOTICE by Wayne Farms, LLC of Joint Report on the Conference Between the Parties Associated Cases: 4:06−cv−02095−RDP,4:07−cv−00647−RDP(Walker, Dorman) (Entered: 07/20/2007)
70 TRANSCRIPT of Phone Conference held on 6/26/2007 before Judge R. David Proctor. Court Reporter: Anita McCorvey. [Contact court reporter for copy of transcript] (Attachments: # 1 Exhibit court reporter certification page) Associated Cases: 4:06−cv−02095−RDP,4:07−cv−00647−RDP(KSS, ) (Entered: 07/24/2007)
71 TRANSCRIPT (Re−filing with corrections) of Phone Conference held on 6/26/2007 before Judge R. David Proctor. Court Reporter: Anita McCorvey. [Contact court reporter for copy of transcript] Associated Cases: 4:06−cv−02095−RDP,4:07−cv−00647−RDP(KSS, ) (Entered: 07/25/2007)
72 ORDER −Pursuant to Joint Report on Conference Between the Parties 69 the court hereby ORDERS that all opt−in consents must be filed not later than 11/29/07, which is 120 days after service of the mailing lists upon plas' counsel. Signed by Judge R David Proctor on 8/2/07. Associated Cases: 4:06−cv−02095−RDP,4:07−cv−00647−RDP(MAA, ) (Entered: 08/02/2007)
73 ORDER APPOINTING SPECIAL MASTER by agreement of the parties, court APPOINTS James Harris as Special Master. Signed by Judge R David Proctor and Judge Inge P Johnson on 8/3/07. Associated Cases: 4:06−cv−02095−RDP,4:07−cv−00647−RDP(ASL, ) (Entered: 08/03/2007)
74 NOTICE by Jimmy Belue, Robert Thomas Dunn Notice of Filing Additional Notices of Consent to Join (Attachments: # 1 Exhibit A)Associated Cases: 4:06−cv−02095−RDP, 4:07−cv−00647−RDP(Camp, Robert) (Entered: 09/07/2007)
75 NOTICE by Jimmy Belue, Robert Thomas Dunn Notice of Filing Additional Notices of Consent to Join (Attachments: # 1 Exhibit A)Associated Cases:

Case: 4:06-cv-2095 As of: 05/28/2010 02:16 PM CDT 21 of 21

09/30/2007 10/05/2007 10/12/2007 10/23/2007 10/25/2007
10/31/2007 11/05/2007 11/08/2007 11/09/2007

4:06−cv−02095−RDP, 4:07−cv−00647−RDP(Camp, Robert) (Entered: 09/13/2007)
76 NOTICE by Jimmy Belue, Robert Thomas Dunn Consent to Join Suit as a Party Plaintiff (Attachments: # 1 Exhibit A)Associated Cases: 4:06−cv−02095−RDP, 4:07−cv−00647−RDP(Camp, Robert) (Entered: 09/30/2007)
77 NOTICE by James A Harris, Jr of Report of Special Master Associated Cases: 4:06−cv−02095−RDP, 4:07−cv−00647−RDP(Harris, James) (Entered: 10/05/2007)
78 NOTICE by Jimmy Belue, Robert Thomas Dunn Notice of Filing Additional Consents to Join Suit as Party Plaintiff (Attachments: # 1 Exhibit A)Associated Cases: 4:06−cv−02095−RDP, 4:07−cv−00647−RDP(Camp, Robert) (Entered: 10/12/2007)
79 Joint MOTION for Extension of Time For Parties to File Objections to Report of Special Master by Wayne Farms, LLC, Wayne Farms, LLC. (Attachments: # 1)Associated Cases: 4:06−cv−02095−RDP, 4:07−cv−00647−RDP(Sharp, Lisa) (Entered: 10/23/2007)
80 ORDER granting 79 Motion for Extension of Time to File Objections to Report of Special Master, objections to the report shall be filed on or by 11/8/2007 unless the parties request addtional time. Signed by Judge R David Proctor on 10/24/2007. Associated Cases: 4:06−cv−02095−RDP, 4:07−cv−00647−RDP(KSS, ) (Entered: 10/25/2007)
81 NOTICE by Jimmy Belue, Robert Thomas Dunn Notice of Filing Consent to Join Suit as Party Plaintiff (Attachments: # 1 Exhibit A)Associated Cases: 4:06−cv−02095−RDP, 4:07−cv−00647−RDP(Camp, Robert) (Entered: 10/31/2007)
82 NOTICE by Jimmy Belue, Robert Thomas Dunn Notice of Filing Additional Notices of Consents to Join (Attachments: # 1 Exhibit A)Associated Cases: 4:06−cv−02095−RDP, 4:07−cv−00647−RDP(Camp, Robert) (Entered: 11/05/2007)
83 SPECIAL REPORT re (32 in 4:07−cv−00647−RDP) Notice (Other), (33 in 4:07−cv−00647−RDP) Notice (Other) Objections to Report of Special Master filed by Wayne Farms, LLC, Wayne Farms, LLC. Associated Cases: 4:06−cv−02095−RDP, 4:07−cv−00647−RDP(Sharp, Lisa) (Entered: 11/08/2007)
84 ORDER Transferring Case to MDL: ORDER of Judicial Panel on Multidistrict Litigation transferring this case to the Southern District of Mississippi for inclusion in MDL 1872; documents requested by transferee clerk electronically transferred to Clerk of Court in Southern District of Mississippi this day. Signed by Judge R David Proctor on 11/9/2007. Associated Cases: 4:06−cv−02095−RDP, 4:07−cv−00647−RDP(KSS, ) (Entered: 11/13/2007)