| Court: | alnd |
| Docket #: | 7:08-cv-00502 |
| Case Name: | Pace v. Peco Foods, Inc. |
| PACER case #: | 122272 |
| Date filed: | 2008-03-21 |
| Assigned to: | Judge L Scott Coogler |
| Case Cause: | 29:201 Fair Labor Standards Act |
| Nature of Suit: | 710 Labor: Fair Standards |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Rosie Pace Plaintiff on behalf of herself and others similarly situated |
Michael A Josephson Mike Espy Richard B Celler William S Hommel , Jr Candis A McGowan Jacob A Kiser Robert L Wiggins , Jr Seth M Hunter |
| Peco Foods, Inc. Defendant |
D. Chris Lauderdale Karen Elizabeth Howell Lawrence Dale Owens Stephen J. Carmody David T Wiley Stephen X Munger |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2008-03-21 | 1 | 0 | Case transferred in from District of Mississippi; Case Number 3:07-cv-86-KS-MTP; Original file certified copy of transfer order and docket sheet received; filed by Rosie Pace. (Attachments: # 1 transfer order)(BST, ) Additional attachment(s) added on 3/24/2008 (BST, (Entered: 03/24/2008) | |||
| 2008-03-25 | 2 | 0 | MOTION for Leave to Appear Pro Hac Vice by Peco Foods, Inc.. (Attachments: # 1 Certificate of Good Standing)(Owens, Lawrence) (Entered: 03/25/2008) | |||
| 2008-03-25 | 3 | 0 | MOTION for Leave to Appear Pro Hac Vice by Peco Foods, Inc.. (Attachments: # 1 Certificate of Good Standing)(Munger, Stephen) (Entered: 03/25/2008) | |||
| 2008-03-26 | 4 | 0 | ORDER setting Status Conference for 4/1/2008 10:00 AM in Tuscaloosa, AL before Judge L Scott Coogler. Signed by Judge L Scott Coogler on 3/24/2008. (ADF) (Entered: 03/26/2008) | |||
| 2008-03-26 | 5 | 0 | NOTICE of Appearance by David T Wiley on behalf of Peco Foods, Inc. (Wiley, David) (Entered: 03/26/2008) | |||
| 2008-03-27 | 6 | 0 | MOTION for Leave to Appear Pro Hac Vice by Rosie Pace. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Hommel, William) (Entered: 03/27/2008) | |||
| 2008-03-27 | 7 | 0 | MOTION for Leave to Appear Pro Hac Vice by Peco Foods, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing)(Lauderdale, D.) (Entered: 03/27/2008) | |||
| 2008-03-27 | 8 | 0 | MOTION to Amend/Correct 6 MOTION for Leave to Appear Pro Hac Vice by Rosie Pace. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Hommel, William) (Entered: 03/27/2008) | |||
| 2008-04-04 | 9 | 0 | ORDER that the parties are to make a good faith effort to resolve all of the issues remaining in these cases; if resolution is unsuccessful, the parties are directed to submit a rpt 35 by 5/18/08; Signed by Judge L Scott Coogler on 4/4/2008. (BST, ) (Entered: 04/04/2008) | |||
| 2008-04-07 | 10 | 0 | NOTICE of Change of Address by Richard B Celler (Celler, Richard) (Entered: 04/07/2008) | |||
| 2008-04-10 | 11 | 0 | MOTION for Leave to Appear Pro Hac Vice by Rosie Pace. (Attachments: # 1 Exhibit A)(Hunter, Seth) (Entered: 04/10/2008) | |||
| 2008-04-15 | 12 | 0 | MOTION for Leave to Appear Pro Hac Vice for Richard Celler by Rosie Pace. (Celler, Richard) (Entered: 04/15/2008) | |||
| 2008-05-21 | 13 | 0 | Joint MOTION for Extension of Time to Submit the Report of the Parties' Planning Meeting and Proposed Scheduling Order by Rosie Pace. (Hommel, William) (Entered: 05/21/2008) | |||
| 2008-07-07 | 14 | 0 | Joint MOTION for Extension of Time to Submit the Report of the Parties' Planning Meeting and Proposed Scheduling Order by Rosie Pace, Peco Foods, Inc.. (Attachments: # 1 Text of Proposed Order)(Lauderdale, D.) (Entered: 07/07/2008) | |||
| 2008-08-06 | 15 | 0 | STATUS REPORT of the Parties' Planning Meeting and Submission of Proposed Scheduling Order by Rosie Pace, Peco Foods, Inc.. (Lauderdale, D.) (Entered: 08/06/2008) | |||
| 2008-08-11 | 16 | 0 | SCHEDULING ORDER: Discovery due by 8/6/2009. Dispositive Motions due by 9/21/2009. Status Report due by 9/25/2009. Jury Trial set for 2/16/2010 09:00 AM in Tuscaloosa, AL before Judge L Scott Coogler. Signed by Judge L Scott Coogler on 8/11/2008. (ADF) (Entered: 08/11/2008) | |||
| 2008-08-12 | 17 | 0 | ORDER Telephone Conference set for 8/15/2008 10:00 AM before Judge L Scott Coogler; parties to call in as directed; Signed by Judge L Scott Coogler on 8/11/2008. (BST, ) (Entered: 08/12/2008) | |||
| 2009-04-24 | 18 | 0 | NOTICE by Rosie Pace Of Filing Additional Consents (Attachments: # 1 Exhibit A)(Hommel, William) (Entered: 04/24/2009) | |||
| 2009-04-24 | 19 | 0 | ORDER that all future consents are to be filed in paper form; Clerk directed to return any consents electronically filed; Signed by Judge L Scott Coogler on 4/24/2009. (BST) (Entered: 04/24/2009) | |||
| 2009-05-06 | 20 | 0 | MOTION to Withdraw as Attorney by Stephen J. Carmody by Peco Foods, Inc.. (Owens, Lawrence) (Entered: 05/06/2009) | |||
| 2009-05-06 | 21 | 0 | MOTION to Withdraw as Attorney by Karen E. Howell by Peco Foods, Inc.. (Owens, Lawrence) (Entered: 05/06/2009) | |||
| 2009-07-09 | 22 | 0 | MOTION for Extension of Time to Disclose Expert Testimony by Peco Foods, Inc.. (Lauderdale, D.) (Entered: 07/09/2009) | |||
| 2009-07-10 | 23 | 0 | ORDER this case is SET for a TELEPHONE CONFERENCE on 7/24/2009 at 10:00 AM, between 9:45-10:00 am, the parties are directed to call as set. Signed by Judge L Scott Coogler on 7/10/2009. (KSS, ) (Entered: 07/10/2009) | |||
| 2009-07-15 | 24 | 0 | NOTICE of Appearance by Candis A McGowan on behalf of Rosie Pace (McGowan, Candis) (Entered: 07/15/2009) | |||
| 2009-07-15 | 25 | 0 | NOTICE of Appearance by Jacob A Kiser on behalf of Rosie Pace (Kiser, Jacob) (Entered: 07/15/2009) | |||
| 2009-07-16 | 26 | 0 | NOTICE of Appearance by Robert L Wiggins, Jr on behalf of Rosie Pace (Wiggins, Robert) (Entered: 07/16/2009) | |||
| 2009-07-20 | 27 | 0 | Consent MOTION to Amend/Correct the Scheduling Order by Rosie Pace, Peco Foods, Inc.. (Lauderdale, D.) (Entered: 07/20/2009) | |||
| 2009-08-05 | 28 | 0 | AMENDED SCHEDULING ORDER; Discovery due by 12/4/2009; Dispositive Motions due by 1/19/2010; Joint Status Report due by 12/15/2009; Jury Trial set for 1/21/2010 09:00 AM in Federal Building, Tuscaloosa, AL before Judge L Scott Coogler; Signed by Judge L Scott Coogler on 8/5/2009. (BST) (Entered: 08/05/2009) | |||
| 2009-10-20 | 29 | 0 | Consent MOTION for Extension of Time to Defendant's Expert Deadline by Rosie Pace, Peco Foods, Inc.. (Lauderdale, D.) (Entered: 10/20/2009) | |||
| 2009-12-01 | 30 | 0 | MOTION to Quash Plaintiffs' 30(b)(6) Deposition Notice by Peco Foods, Inc.. (Lauderdale, D.) (Entered: 12/01/2009) | |||
| 2009-12-01 | 31 | 0 | Brief re 30 MOTION to Quash Plaintiffs' 30(b)(6) Deposition Notice filed by Peco Foods, Inc.. (Attachments: # 1 Exhibit A - Deposition Notice, # 2 Exhibit B - Lauderdale Affidavit)(Lauderdale, D.) (Entered: 12/01/2009) | |||
| 2009-12-02 | 32 | 0 | ORDER re 30 MOTION to Quash, it is ORDERED that counsel for the parties shall confer within 7 days and shall attempt to resolve their discovery request at issue in the motion, the court will hear argument and rule upon the motion ONLY if moving counsel file a statement with the Court as set out, unless such a statement is filed by 12/10/2009, the Court shall consider the motion moot, if such statement is filed by 12/10/2009, the Court will hear argument and rule upon the motion on 12/16/2009 at 10:30 AM in the 3rd floor courtroom, Federal Building, Tuscaloosa, AL. Signed by Judge L Scott Coogler on 12/2/2009. (KSS, ) (Entered: 12/02/2009) | |||
| 2009-12-10 | 33 | 0 | NOTICE by Peco Foods, Inc. re 32 Order,,, Set Hearings,, (Lauderdale, D.) (Entered: 12/10/2009) | |||
| 2009-12-11 | 34 | 0 | Consent MOTION to Amend/Correct Scheduling Order by Rosie Pace, Peco Foods, Inc.. (Lauderdale, D.) (Entered: 12/11/2009) | |||
| 2009-12-17 | 35 | 0 | ORDER granting 34 Consent MOTION to Amend/Correct Scheduling Order ; Amended schedule as set out in this order; Dispositive Motions due by 2/22/2010. Joint Status Report due by 2/18/2010. Pretrial conference will be scheduled on or after; Jury Trial set on or after 6/15/2010 AM before Judge L Scott Coogler.. Signed by Judge L Scott Coogler on 12/17/2009. (KAM, ) (Entered: 12/17/2009) | |||
| 2009-12-23 | 36 | 0 | MOTION for Sanctions Based Upon Plaintiffs' Failure to Appear for Depositions by Peco Foods, Inc.. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Affidavit of D. Christopher Lauderdale, # 3 Affidavit Exhibit 1-A, # 4 Affidavit Ex 1-B, # 5 Affidavit Exhibit 1-C, # 6 Affidavit Exhibit 1-D, # 7 Affidavit Exhibit 1-E, # 8 Affidavit Exhibit 1-F, Part 1, # 9 Affidavit Exhibit 1-F, Part 2, # 10 Affidavit Exhibit 1-F, Part 3, # 11 Affidavit Exhibit 1-F, Part 4, # 12 Affidavit 1-F, Part 5, # 13 Affidavit Exhibit 1-F, Part 6, # 14 Affidavit Exhibit 1-F, Part 7, # 15 Affidavit Exhibit 1-G, # 16 Affidavit Exhibit 1-H, # 17 Affidavit Exhibit 1-I, # 18 Affidavit Exhibit 1-J, # 19 Affidavit Exhibit 1-K, Part 1, # 20 Affidavit Exhibit 1-K, Part 2, # 21 Affidavit Exhibit 1-K, Part 3, # 22 Exhibit 1-L, # 23 Affidavit Exhibit 2, # 24 Affidavit Exhibit 3, # 25 Affidavit Exhibit 4, # 26 Affidavit Exhibit 5)(Lauderdale, D.) (Entered: 12/23/2009) | |||
| 36 | 1 | Memorandum in Support | ||||
| 36 | 2 | Exhibit Affidavit of D. Christopher Lauderdale | ||||
| 36 | 3 | Affidavit Exhibit 1-A | ||||
| 36 | 4 | Affidavit Ex 1-B | ||||
| 36 | 5 | Affidavit Exhibit 1-C | ||||
| 36 | 6 | Affidavit Exhibit 1-D | ||||
| 36 | 7 | Affidavit Exhibit 1-E | ||||
| 36 | 8 | Affidavit Exhibit 1-F, Part 1 | ||||
| 36 | 9 | Affidavit Exhibit 1-F, Part 2 | ||||
| 36 | 10 | Affidavit Exhibit 1-F, Part 3 | ||||
| 36 | 11 | Affidavit Exhibit 1-F, Part 4 | ||||
| 36 | 12 | Affidavit 1-F, Part 5 | ||||
| 36 | 13 | Affidavit Exhibit 1-F, Part 6 | ||||
| 36 | 14 | Affidavit Exhibit 1-F, Part 7 | ||||
| 36 | 15 | Affidavit Exhibit 1-G | ||||
| 36 | 16 | Affidavit Exhibit 1-H | ||||
| 36 | 17 | Affidavit Exhibit 1-I | ||||
| 36 | 18 | Affidavit Exhibit 1-J | ||||
| 36 | 19 | Affidavit Exhibit 1-K, Part 1 | ||||
| 36 | 20 | Affidavit Exhibit 1-K, Part 2 | ||||
| 36 | 21 | Affidavit Exhibit 1-K, Part 3 | ||||
| 36 | 22 | Exhibit 1-L | ||||
| 36 | 23 | Affidavit Exhibit 2 | ||||
| 36 | 24 | Affidavit Exhibit 3 | ||||
| 36 | 25 | Affidavit Exhibit 4 | ||||
| 36 | 26 | Affidavit Exhibit 5 | ||||
| 2009-12-31 | 37 | 0 | MOTION to Withdraw As Counsel For Plaintiffs by Rosie Pace. (Attachments: # 1 Text of Proposed Order Proposed Order)(Josephson, Michael) (Entered: 12/31/2009) | |||
| 2010-01-19 | 38 | 0 | ORDER re 36 MOTION for Sanctions Based Upon Plaintiffs' Failure to Appear for Depositions; pla is ORDERED to file a response to the present motion within 11 days; the Court will take evidence, hear argument and rule upon the motion on 3/3/2010 at 09:00 AM in the 3rd Floor Courtroom, Federal Building, Tuscaloosa, AL. Signed by Judge L Scott Coogler on 1/19/2010. (KSS, ) (Entered: 01/19/2010) | |||
| 2010-02-01 | 39 | 0 | MOTION for Extension of Time to File Response/Reply as to 36 MOTION for Sanctions Based Upon Plaintiffs' Failure to Appear for Depositions by Rosie Pace. (Attachments: # 1 Text of Proposed Order)(Hommel, William) (Entered: 02/01/2010) | |||
| 2010-02-02 | 40 | 0 | RESPONSE to Motion re 36 MOTION for Sanctions Based Upon Plaintiffs' Failure to Appear for Depositions filed by Rosie Pace. (Attachments: # 1 Exhibit A)(Hommel, William) (Entered: 02/02/2010) | |||
| 2010-02-10 | 41 | 0 | MOTION for Summary Judgment Against Certain Opt-In Plaintiffs by Peco Foods, Inc.. (Lauderdale, D.) (Entered: 02/10/2010) | |||
| 2010-02-10 | 42 | 0 | Brief re 41 MOTION for Summary Judgment Against Certain Opt-In Plaintiffs filed by Peco Foods, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Sonya Murray Bankruptcy Documents, # 3 Exhibits B - Shenquia Hudson Bankruptcy Documents, # 4 Exhibit C - Akenna Hathom Bankruptcy Documents, # 5 Exhibit D1 - Norma J. Sandifer Bankruptcy Documents, # 6 Exhibit D 2 - Norma Sandifer Bankruptcy Documents, # 7 Exhibit E - Tracey White Bankruptcy Documents, # 8 Exhibit F 1 - Charles Wilson Bankruptcy Documents, # 9 Exhibit F 2 - Charles Wilson Bankruptcy Documents, # 10 Exhibit G - Unpublished Opinions)(Lauderdale, D.) (Entered: 02/10/2010) | |||
| 2010-02-11 | 43 | 0 | MOTION for Partial Summary Judgment Dismissing All Claims Outside the Two Year Statute of Limitations by Peco Foods, Inc.. (Lauderdale, D.) (Entered: 02/11/2010) | |||
| 2010-02-11 | 44 | 0 | Brief re 43 MOTION for Partial Summary Judgment Dismissing All Claims Outside the Two Year Statute of Limitations. (Attachments: # 1 Appendix Index of Exhibits, # 2 Exhibit 1 - Affidavit of Steve Conley w/ 2006 FSIS Letter, # 3 Exhibit 2 - Transcript from Keith Tollett's Deposition, # 4 Exhibit 3.1 - Henderson v. Payless, # 5 Exhibit 3.2 - Von Friewalde v. Boeing, # 6 Exhibit 3.3 Adams v. Norman, # 7 Exhibit 3.4 - Jenkins v. Harrison, # 8 Exhibit 3.5 - Pressley v. Sanderson, # 9 Exhibit 3.6 Musch v. Domtar, # 10 Exhibit 3.7 - Abbe v. City of San Diego, # 11 Exhibit 3.8 - Alford v. Perdue)(Lauderdale, D.) (Entered: 02/11/2010) | |||
| 2010-02-19 | 45 | 0 | MOTION for Partial Summary Judgment because Plaintiffs are compensated for all activites at issue and, alternatively, because Plaintiffs' claims are de minimis as a matter of law by Peco Foods, Inc.. (Lauderdale, D.) (Entered: 02/19/2010) | |||
| 2010-02-19 | 46 | 0 | Brief re 45 MOTION for Partial Summary Judgment because Plaintiffs are compensated for all activites at issue and, alternatively, because Plaintiffs' claims are de minimis as a matter of law. (Attachments: # 1 Appendix Index of Exhibits, # 2 Exhibit 1 - Transcript from Deposition of Keith Tollett, # 3 Exhibit 2.1 Adams v. Norman, # 4 Exhibit 2.2 Alford v. Perdue Farms, # 5 Exhibit 2.3 Jenkins v. Harrison Poultry, # 6 Exhibit 2.4 White v. Tip-Top Poultry, # 7 Exhibit 3 - Affidavit of Mark Robinson & Attach. A - J)(Lauderdale, D.) (Entered: 02/19/2010) | |||
| 2010-02-22 | 47 | 0 | MOTION for Partial Summary Judgment Dismissing All Claims Of Individuals Outside The Putative Class by Peco Foods, Inc.. (Lauderdale, D.) (Entered: 02/22/2010) | |||
| 2010-02-22 | 48 | 0 | Brief re 47 MOTION for Partial Summary Judgment Dismissing All Claims Of Individuals Outside The Putative Class. (Attachments: # 1 Appendix Index of Exhibits, # 2 Exhibit 1 - Affidavit of Steve Conley, # 3 Exhibit 2 - Affidavit of Steve Conley, # 4 Exhibit 3 - June 10, 2009 Notice of Filing Additional Consents, # 5 Exhibit April 2009 Notice of Filing Additional Consents, # 6 Exhibit August 6, 2009 Notice of Filing Additional Consents, # 7 Exhibit 6 - Unpublished Cases Cited in Memorandum)(Lauderdale, D.) (Entered: 02/22/2010) | |||
| 2010-02-22 | 49 | 0 | MOTION for Summary Judgment Regarding Non-Unique Items by Peco Foods, Inc.. (Lauderdale, D.) (Entered: 02/22/2010) | |||
| 2010-02-22 | 50 | 0 | Brief re 49 MOTION for Summary Judgment Regarding Non-Unique Items. (Attachments: # 1 Appendix Index of Exhibits, # 2 Exhibit 1 - Transcript from Deposition of Keith Tollett, # 3 Exhibit 2.1 Unpublished Cases Cited in Memorandum, # 4 Exhibit 2.2 Unpublished Cases Cited in Memorandum)(Lauderdale, D.) (Entered: 02/22/2010) | |||
| 2010-02-23 | 51 | 0 | STATUS REPORT by Rosie Pace, Peco Foods, Inc.. (Lauderdale, D.) (Entered: 02/23/2010) |