Case: Valenzuela v. Swift Beef Company, Inc.

3:06-cv-02322 | U.S. District Court for the Northern District of Texas

Filed Date: Dec. 15, 2006

Closed Date: June 18, 2009

Clearinghouse coding complete

Case Summary

This lawsuit came on the heels of immigration raids conducted by federal authorities at Swift meat packing plants throughout the country. Shortly after the raids, on December 15, 2006, a group of Swift employees filed a class action lawsuit against their employer, Swift Beef Company, Inc., and related companies, in the U.S. District Court for the Northern District of Texas. Plaintiffs' complaint alleged that Swift engaged in a longstanding scheme to hire undocumented immigrants for the expres…

This lawsuit came on the heels of immigration raids conducted by federal authorities at Swift meat packing plants throughout the country. Shortly after the raids, on December 15, 2006, a group of Swift employees filed a class action lawsuit against their employer, Swift Beef Company, Inc., and related companies, in the U.S. District Court for the Northern District of Texas. Plaintiffs' complaint alleged that Swift engaged in a longstanding scheme to hire undocumented immigrants for the express purpose of depressing employee wages. In furtherance of its scheme Swift recruited undocumented immigrants to work in its plants and assisted in providing them fake immigration documents.

Plaintiffs, who were represented by private counsel, alleged violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961 et seq.; Immigration Reform and Control Act, 8 U.S.C. §§ 1324 et seq.; and § 274 of the Immigration and Nationality Act. They sought declaratory and injunctive relief, as well as statutory damages and exemplary damages in the amount of $23 million. Defendants responded by moving to dismiss the case.

For reasons that are not apparent from the PACER docket, on October 4, 2007, the parties agreed to dismiss without prejudice two of the defendants, Hicks, Muse, Tate & Furst Inc. and HM Capital Partners of Dallas, LLC.

On December 20, 2007, the Court (Judge David C. Godbey) granted in part and denied in part defendants' motion to dismiss. The Court found that while the plaintiffs had adequately pled a claim for harboring illegal aliens under RICO, they had not pled their claim for hiring illegal aliens with sufficient factual support to satisfy the standard detailed by the Supreme Court in Bell Atlantic Corporation v. Twombly, 550 U.S. 544 (2007). Since plaintiffs had not alleged that defendants had actual knowledge that the illegal aliens hired had been smuggled into the country, the Court found that their illegal hiring claim was inadequate and therefore dismissed it.

Plaintiffs amended their complaint on March 14, 2008, but the Court (Judge Godbey) again dismissed their illegal hiring claims on May 28, finding that they remained insufficiently specific.

Following some discovery disputes, plaintiffs moved for class certification on October 6, 2008. The Court (Judge Godbey) denied the motion on January 13, 2009, finding that the proposed class of all Swift employees who had the legal right to work in the United States was not clearly ascertainable, as it would not be possible to determine who belonged without "an extensive factual inquiry into thousands of employees' work authorization."

The next entry on the docket is on June 18, 2009, when the parties entered an unexplained stipulation for dismissal with prejudice. The case was terminated on the same day.

Summary Authors

Christopher Schad (6/11/2012)

Related Cases

Swift & Company v. Immigration and Customs Enforcement, Northern District of Texas (2006)

Yarrito v. Meyers, District of Colorado (2006)

United Food and Commercial Workers International Union v. Chertoff, Northern District of Texas (2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12387008/parties/valenzuela-v-swift-beef-company-inc/


Judge(s)
Attorney for Plaintiff

Cano, Claudia M. (Texas)

Attorney for Defendant

Allen, Thomas F. Jr. (Texas)

Blanchard, Aimee (Texas)

Carroll, Kenneth Edwin (Texas)

Castle, Robert M. III (Texas)

Documents in the Clearinghouse

Documents in this case

3:06-cv-02322

Docket (PACER)

Valenzuela v. Swift Beef Company Inc.

June 18, 2009

June 18, 2009

Docket
30

3:06-cv-02322

Joint Stipulation of Dismissal Without Prejudice of Defendants Hicks, Muse, Tate & Furst Inc. and HM Capital Partners of Dallas, LLC

Valenzuela v. Swift Beef Company, Inc.

Aug. 22, 2007

Aug. 22, 2007

Pleading / Motion / Brief
45

3:06-cv-02322

Order [Granting in Part and Denying in Part Defendants' Motion to Dismiss]

Dec. 20, 2007

Dec. 20, 2007

Order/Opinion
54

3:06-cv-02322

Plaintiffs' Second Amended Complaint

Valenzuela v. Swift Beef Company, Inc.

March 14, 2008

March 14, 2008

Complaint
65

3:06-cv-02322

Order [Granting Defendants' Motion to Dismiss Illegal Hiring Claims in Plaintiffs' Second Amended Complaint]

May 28, 2008

May 28, 2008

Order/Opinion
91

3:06-cv-02322

Order [Denying Plaintiffs' Motion for Class Certification]

Jan. 13, 2009

Jan. 13, 2009

Order/Opinion
92

3:06-cv-02322

Stipulation for Dismissal with Prejudice

June 18, 2009

June 18, 2009

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12387008/valenzuela-v-swift-beef-company-inc/

Last updated April 6, 2025, 11:06 a.m.

ECF Number Date Description Link
1 Dec. 15, 2006

Complaint

RECAP
Dec. 15, 2006

***Magistrate Judge Ramirez chosen by random selection to handle matters that may be referred in this case. (axm, ) (Entered: 12/18/2006)

PACER
2 Dec. 18, 2006

Paper Case Designation Order

RECAP
3 Dec. 19, 2006

Cert. Of Interested Persons/Disclosure Statement

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4 Dec. 28, 2006

Amended Complaint

RECAP
5 Feb. 21, 2007

Summons Issued

RECAP
Feb. 21, 2007

Summons Issued as to HM Capital Partners of Dallas LLC. (see document 5 for image) (axm) (Entered: 03/08/2007)

PACER
6 March 2, 2007

Motion for Extension of Time to File Answer

RECAP
7 March 7, 2007

Motion for Extension of Time to File Answer

RECAP
8 March 7, 2007

Summons Returned

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9 March 7, 2007

Summons Returned

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10 March 7, 2007

Summons Returned

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11 March 9, 2007

Order on Motion for Extension of Time to File Answer

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12 March 12, 2007

Order on Motion for Extension of Time to File Answer

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13 March 30, 2007

Motion for Extension of Time to File Answer

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14 April 2, 2007

Order on Motion for Extension of Time to File Answer

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15 April 4, 2007

Motion for Extension of Time to File Answer

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16 April 6, 2007

Order on Motion for Extension of Time to File Answer

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17 April 19, 2007

Motion for Miscellaneous Relief

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18 April 20, 2007

Order on Motion for Miscellaneous Relief

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19 April 30, 2007

Motion to Dismiss

1 Proposed Order

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20 April 30, 2007

Motion to Dismiss

1 Affidavit Declaration of Douglas W. Schult

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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21 May 1, 2007

Order

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22 May 21, 2007

Motion for Extension of Time to File Response/Reply

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23 May 21, 2007

Order for Scheduling Order Proposal

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24 May 24, 2007

Order on Motion to Extend Time to File Response/Reply

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25 June 18, 2007

Status Report

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26 July 5, 2007

Order

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27 July 6, 2007

Notice of Attorney Appearance

RECAP
July 12, 2007

Minute Entry for proceedings held before Judge David C Godbey : Status Conference held on 07/12/2007. Attorney Appearances: Plaintiff − Michael Heygood; Defense − Karen Hirschman, Carol Payne, Russell Yager, Ray Guy, Robert Castle and Aimee Blanchard. (Court Reporter Linda Robbins.) Time in Court: 30 minutes. NO PDF ATTACHED−THIS IS A VIRTUAL MINUTE ENTRY. (cxj) (Entered: 07/12/2007)

PACER
28 Aug. 6, 2007

Motion for Extension of Time to File Response/Reply

RECAP
29 Aug. 10, 2007

Order on Motion to Extend Time to File Response/Reply

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30 Aug. 22, 2007

Motion to Dismiss

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31 Aug. 24, 2007

Response/Objection

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32 Aug. 24, 2007

Appendix in Support

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33 Aug. 24, 2007

Appendix in Support

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34 Aug. 24, 2007

Appendix in Support

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35 Aug. 24, 2007

Appendix in Support

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36 Aug. 29, 2007

Motion to Withdraw

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37 Aug. 30, 2007

xx (retired) Order for Admission Pro Hac Vice

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38 Aug. 30, 2007

xx (retired) Order for Admission Pro Hac Vice

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39 Aug. 30, 2007

xx (retired) Order for Admission Pro Hac Vice

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40 Sept. 4, 2007

Motion for Miscellaneous Relief

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41 Sept. 4, 2007

Order on Motion to Withdraw

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42 Sept. 7, 2007

Reply

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43 Sept. 18, 2007

Order on Motion for Miscellaneous Relief

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44 Oct. 4, 2007

Order on Motion to Dismiss

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45 Dec. 20, 2007

ORDER granting in part and denying in part 20 Motion to Dismiss. See order for specifics. (Signed by Judge David C Godbey on 12/20/2007) (axm) (Entered: 12/20/2007)

RECAP
46 Jan. 10, 2008

ANSWER to Amended Complaint by Swift Beef Company Inc, Swift & Company (Eberle, Brian) (Entered: 01/10/2008)

RECAP
47 Jan. 16, 2008

CLASS CERTIFICATION SCHEDULING ORDER. Plaintiffs must serve on defendants (but NOT file with the Court) their motion for class certification within 45 days of this Order. The motion must comply with Local Rule 23.2 (except paragraph (f)), and must be accompanied by all supporting evidence, including expert testimony, if any, and supporting brief. The Court will consider class certification on written submission on August 22, 2008 (the "Submission Date"). The Court may, at its discretion, by separate order set a hearing on class certification. See order for details. (Signed by Judge David C Godbey on January 16, 2008) (jyg) (Entered: 01/17/2008)

RECAP
48 Feb. 8, 2008

NOTICE of Attorney Appearance by Charles W Miller for Eric D. Pearson on behalf of Leonel Ruiz, Jose A Serrato, Josie Rendon, Clara Tovar, Blanca Valenzuela, Consuelo Espino, Maria Avila, Ernestina Navarrette, Maria E Munoz, Amanda Salcido, Candelario G Ortega, Maria Ortiz, Jose Oliva, Rafaela Chavez, Elodia Arroyo, Margie Salazar, Susana Cardiel, Gracie Rios. (Miller, Charles) (Entered: 02/08/2008)

RECAP
49 Feb. 11, 2008

MOTION to Extend Deadlines in the Court's Class Certification Scheduling Order by Leonel Ruiz, Jose A Serrato, Josie Rendon, Clara Tovar, Blanca Valenzuela, Consuelo Espino, Maria Avila, Ernestina Navarrette, Maria E Munoz, Amanda Salcido, Candelario G Ortega, Maria Ortiz, Jose Oliva, Rafaela Chavez, Elodia Arroyo, Margie Salazar, Susana Cardiel, Gracie Rios (Attachments: # 1 Appendix) (Miller, Charles) Modified on 2/12/2008 (klm). (Entered: 02/11/2008)

RECAP
50 Feb. 15, 2008

ORDER as to 49 Motion To Extend Time. Responses due by 2/22/2008. Motion Hearing set for 2/25/2008 04:30 PM before Judge David C Godbey. (Signed by Judge David C Godbey on 2/15/08) (tln) (Entered: 02/15/2008)

RECAP
51 Feb. 22, 2008

RESPONSE in Opposition filed by Swift Beef Company Inc, Swift & Company re 49 MOTION to Extend Deadlines in the Court's Class Certification Scheduling Order. (Youle, Robert) Modified on 2/25/2008 (klm). (Entered: 02/22/2008)

RECAP
52 Feb. 22, 2008

Appendix in Support filed by Swift Beef Company Inc, Swift & Company re 51 Response in Opposition (Youle, Robert) (Entered: 02/22/2008)

RECAP
Feb. 25, 2008

Minute Entry for proceedings held before Judge David C Godbey: Discovery Hearing as to Plaintiff's motion to extend deadlines in the Court's Class Certification Scheduling Order held on 02/25/2008. An order will be entered at a later date. Attorney Appearances: Plaintiff − Michael Heygood and Eric Pearson; Defense − Ken Carroll and Rob Youle. (Court Reporter Linda Robbins.) Time in Court: 5 minutes. NO PDF ATTACHED − THIS IS A VIRTUAL MINUTE ENTRY. (cxj) (Entered: 02/26/2008)

PACER
Feb. 25, 2008

Minute Entry for proceedings held before Judge David C Godbey: Discovery Hearing as to Plaintiff's motion to extend deadlines in the Court's Class Certification Scheduling Order held on 02/25/2008. An order will be entered at a later date. Attorney Appearances: Plaintiff - Michael Heygood and Eric Pearson; Defense - Ken Carroll and Rob Youle. (Court Reporter Linda Robbins.) Time in Court: 5 minutes. NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY. (cxj)

53 March 11, 2008

AMENDED CLASS CERTIFICATION SCHEDULING ORDER. (See Order for specifics) (Signed by Judge David C Godbey on 3/11/08) (skt) (Entered: 03/12/2008)

RECAP
54 March 14, 2008

Second Amended Complaint against all defendants filed by Leonel Ruiz, Jose A Serrato, Josie Rendon, Clara Tovar, Blanca Valenzuela, Consuelo Espino, Maria Avila, Ernestina Navarrette, Maria E Munoz, Amanda Salcido, Candelario G Ortega, Maria Ortiz, Jose Oliva, Rafaela Chavez, Elodia Arroyo, Margie Salazar, Susana Cardiel, Gracie Rios. (Miller, Charles) Modified on 3/18/2008 (lmp). (Entered: 03/14/2008)

RECAP
55 March 20, 2008

Unopposed MOTION for Protective Order by Swift Beef Company Inc, Swift & Company (Attachments: # 1 Exhibit 1, # 2 Exhibit A) (Sturhahn, Jerome) (Entered: 03/20/2008)

RECAP
56 March 28, 2008

JOINT STIPULATION AND PROTECTIVE ORDER. (see order for specifics) (Signed by Judge David C Godbey on 3/28/08) (tln) (Entered: 03/28/2008)

RECAP
57 March 31, 2008

MOTION to Dismiss Portions of the Second Amended Complaint by Swift Beef Company Inc, Swift & Company (Youle, Robert) (Entered: 03/31/2008)

RECAP
58 March 31, 2008

Appendix in Support filed by Swift Beef Company Inc, Swift & Company re 57 MOTION to Dismiss Portions of the Second Amended Complaint (Youle, Robert) (Entered: 03/31/2008)

RECAP
59 April 7, 2008

Stipulated MOTION to Modify Amended Class Certification 53 Scheduling Order by Swift Beef Company Inc, Swift & Company (Attachments: # 1 Exhibit A) (Youle, Robert) Modified on 4/8/2008 (axm). (Entered: 04/07/2008)

RECAP
60 April 10, 2008

ORDER granting 59 Stipulated Motion to Modify the Amended Class Certification Scheduling Order. The Amended Scheduling Order is modified to extend the Submission Date set forth in paragraph 1 by 45 days from August 22 until October 6, 2008. All other provisions of the Amended Scheduling Order shall remain unchanged. (Signed by Judge David C Godbey on 4/10/2008) (axm) (Entered: 04/11/2008)

RECAP
61 April 16, 2008

RESPONSE filed by Leonel Ruiz, Jose A Serrato, Josie Rendon, Clara Tovar, Blanca Valenzuela, Consuelo Espino, Maria Avila, Ernestina Navarrette, Maria E Munoz, Amanda Salcido, Candelario G Ortega, Maria Ortiz, Jose Oliva, Rafaela Chavez, Elodia Arroyo, Margie Salazar, Susana Cardiel, Gracie Rios re 57 MOTION to Dismiss Portions of the Second Amended Complaint and Brief in Support (Pearson, Eric) (Entered: 04/16/2008)

RECAP
62 May 1, 2008

REPLY BRIEF filed by Swift Beef Company Inc, Swift & Company re 57 MOTION to Dismiss Portions of the Second Amended Complaint (Youle, Robert) Modified on 5/1/2008 (jrb). (Entered: 05/01/2008)

RECAP
63 May 28, 2008

MOTION for Leave to File Amended Motion for Class Certification filed by Leonel Ruiz, Jose A Serrato, Josie Rendon, Clara Tovar, Blanca Valenzuela, Consuelo Espino, Maria Avila, Ernestina Navarrette, Maria E Munoz, Amanda Salcido, Candelario G Ortega, Maria Ortiz, Jose Oliva, Rafaela Chavez, Elodia Arroyo, Margie Salazar, Susana Cardiel, Gracie Rios with Brief/Memorandum in Support. (Pearson, Eric) (Entered: 05/28/2008)

RECAP
64 May 28, 2008

Appendix in Support filed by Leonel Ruiz, Jose A Serrato, Josie Rendon, Clara Tovar, Blanca Valenzuela, Consuelo Espino, Maria Avila, Ernestina Navarrette, Maria E Munoz, Amanda Salcido, Candelario G Ortega, Maria Ortiz, Jose Oliva, Rafaela Chavez, Elodia Arroyo, Margie Salazar, Susana Cardiel, Gracie Rios re 63 MOTION for Leave to File Amended Motion for Class Certification (Pearson, Eric) (Entered: 05/28/2008)

RECAP
65 May 28, 2008

ORDER granting 57 Defendants Swift Beef Company, Inc. and Swift & Company's Motion to Dismiss Portions of the Second Amended Complaint. Accordingly, the Court once again dismisses Plaintiffs' illegal hiring claims, this time with prejudice. (see order) (Signed by Judge David C Godbey on 5/28/08) (klm) (Entered: 05/29/2008)

RECAP
66 June 17, 2008

RESPONSE in Opposition filed by Swift Beef Company Inc, Swift & Company re 63 MOTION for Leave to File Amended Motion for Class Certification (Youle, Robert) (Entered: 06/17/2008)

RECAP
67 June 23, 2008

MOTION to Compel and Request/MOTION for Expedited Hearing filed by Swift Beef Company Inc, Swift & Company with Brief in Support. (Attachments: # 1 Text of Proposed Order) (Eberle, Brian) Modified on 6/24/2008 (jyg). (Entered: 06/23/2008)

RECAP
68 June 23, 2008

Appendix in Support filed by Swift Beef Company Inc, Swift & Company re 67 MOTION to Compel and Request/MOTION for Expedited Hearing, and Brief in Support (Eberle, Brian) Modified on 6/24/2008 (jyg). (Entered: 06/23/2008)

RECAP
69 June 27, 2008

ORDER: It is hereby ORDERED that an expedited hearing is scheduled in this case on Monday, July 7, 2008, at 4:30 p.m. on Defendants' Motion to Compel filed June 23, 2008. Plaintiffs' response should be filed on or before July 3, 2008. (See Order for specifics) (Signed by Judge David C Godbey on 6/27/08) (skt) (Entered: 06/27/2008)

RECAP
70 July 2, 2008

RESPONSE filed by Leonel Ruiz, Jose A Serrato, Josie Rendon, Clara Tovar, Blanca Valenzuela, Consuelo Espino, Maria Avila, Ernestina Navarrette, Maria E Munoz, Amanda Salcido, Candelario G Ortega, Maria Ortiz, Jose Oliva, Rafaela Chavez, Elodia Arroyo, Margie Salazar, Susana Cardiel, Gracie Rios re 67 MOTION to Compel and Brief in Support (Pearson, Eric) Modified on 7/3/2008 (skt). (Entered: 07/02/2008)

RECAP
71 July 2, 2008

Appendix in Support filed by Leonel Ruiz, Jose A Serrato, Josie Rendon, Clara Tovar, Blanca Valenzuela, Consuelo Espino, Maria Avila, Ernestina Navarrette, Maria E Munoz, Amanda Salcido, Candelario G Ortega, Maria Ortiz, Jose Oliva, Rafaela Chavez, Elodia Arroyo, Margie Salazar, Susana Cardiel, Gracie Rios re 70 Response to Motion, (Pearson, Eric) (Entered: 07/02/2008)

RECAP
72 July 7, 2008

ORDER. This Order addresses Defendants Swift and Company and Swift Beef Company's (collectively, Swift) motion to compel 67 . The Court finds that the requested discovery bears on factors pertinent to the Rule 23 inquiry and therefore overrules Plaintiffs' objections to Swift's interrogatories nos. 2-5 and document request no. 2. Plaintiffs shall supplement their discovery responses by July 21, 2008. (Signed by Judge David C Godbey on 7/7/08) (jyg) (Entered: 07/07/2008)

RECAP
73 July 18, 2008

MOTION to Compel and Request for Expedited Hearing filed by Leonel Ruiz, Jose A Serrato, Josie Rendon, Clara Tovar, Blanca Valenzuela, Consuelo Espino, Maria Avila, Ernestina Navarrette, Maria E Munoz, Amanda Salcido, Candelario G Ortega, Maria Ortiz, Jose Oliva, Rafaela Chavez, Elodia Arroyo, Margie Salazar, Susana Cardiel, Gracie Rios with Brief/Memorandum in Support. (Pearson, Eric) (Entered: 07/18/2008)

RECAP
74 July 18, 2008

Appendix in Support filed by Leonel Ruiz, Jose A Serrato, Josie Rendon, Clara Tovar, Blanca Valenzuela, Consuelo Espino, Maria Avila, Ernestina Navarrette, Maria E Munoz, Amanda Salcido, Candelario G Ortega, Maria Ortiz, Jose Oliva, Rafaela Chavez, Elodia Arroyo, Margie Salazar, Susana Cardiel, Gracie Rios re 73 MOTION to Compel and Request for Expedited Hearing (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit) (Pearson, Eric) (Entered: 07/18/2008)

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July 18, 2008

REQUEST/MOTION for Expedited Hearing filed by Leonel Ruiz, Jose A Serrato, Josie Rendon, Clara Tovar, Blanca Valenzuela, Consuelo Espino, Maria Avila, Ernestina Navarrette, Maria E Munoz, Amanda Salcido, Candelario G Ortega, Maria Ortiz, Jose Oliva, Rafaela Chavez, Elodia Arroyo, Margie Salazar, Susana Cardiel, Gracie Rios. (see doc. 73 for image) (klm)

July 18, 2008

REQUEST/MOTION for Expedited Hearing filed by Leonel Ruiz, Jose A Serrato, Josie Rendon, Clara Tovar, Blanca Valenzuela, Consuelo Espino, Maria Avila, Ernestina Navarrette, Maria E Munoz, Amanda Salcido, Candelario G Ortega, Maria Ortiz, Jose Oliva, Rafaela Chavez, Elodia Arroyo, Margie Salazar, Susana Cardiel, Gracie Rios. (see doc. 73 for image) (klm) (Entered: 07/18/2008)

PACER
75 July 24, 2008

ORDER REFERRING 73 Plaintiff's Motion to Compel. Motion(s) referred to Magistrate Judge Irma C Ramirez. (Signed by Judge David C Godbey on 7/24/2008) (axm) (Entered: 07/24/2008)

RECAP
76 July 24, 2008

Standing Order for Electronic Filings Related to Matters Referred to the United States Magistrate Judge - see order for specifics. (Signed by Judge David C Godbey on 7/24/08) (klm) (Entered: 07/24/2008)

RECAP
77 July 24, 2008

ORDER as to 73 Motion to Compel and Request for Expedited Hearing. Motion Hearing scheduled for 7/31/2008 at 11:00 AM before Magistrate Judge Irma C Ramirez in Room 1566. (see order for specifics) (Signed by Magistrate Judge Irma C Ramirez on 7/24/08) (tln) Modified on 7/24/2008 (caw). (Entered: 07/24/2008)

RECAP
78 July 29, 2008

NOTICE of cancellation of hearing re: 73 MOTION to Compel and Request for Expedited Hearing filed by Leonel Ruiz, Jose A Serrato, Josie Rendon, Clara Tovar, Blanca Valenzuela, Consuelo Espino, Maria Avila, Ernestina Navarrette, Maria E Munoz, Amanda Salcido, Candelario G Ortega, Maria Ortiz, Jose Oliva, Rafaela Chavez, Elodia Arroyo, Margie Salazar, Susana Cardiel, Gracie Rios (Pearson, Eric) (Entered: 07/29/2008)

RECAP
79 July 29, 2008

ORDER denying as moot 73 Plaintiffs' Motion to Compel and Request for Expedited Hearing. (Signed by Magistrate Judge Irma C Ramirez on 7/29/2008) (axm) (Entered: 07/30/2008)

RECAP
80 Sept. 22, 2008

Joint MOTION for Permission to Exceed Prescribed Page Limitations for Class Certification Briefing re 60 Order on Motion to Amend/Correct, filed by Leonel Ruiz, Swift Beef Company Inc, Jose A Serrato, Swift & Company, Josie Rendon, Clara Tovar, Blanca Valenzuela, Consuelo Espino, Maria Avila, Ernestina Navarrette, Maria E Munoz, Amanda Salcido, Candelario G Ortega, Maria Ortiz, Jose Oliva, Rafaela Chavez, Elodia Arroyo, Margie Salazar, Susana Cardiel, Gracie Rios (Attachments: # 1 Text of Proposed Order) (Eberle, Brian) (Entered: 09/22/2008)

RECAP
81 Sept. 23, 2008

ORDER granting 80 Joint MOTION for Permission to Exceed Prescribed Page Limitations for Class Certification. (see order) (Signed by Judge David C Godbey on 09/23/08) (lmp) (Entered: 09/24/2008)

RECAP
82 Sept. 24, 2008

ORDER granting 63 Motion for Leave to File Amended Motion for Class Certification. (see order) (Signed by Judge David C Godbey on 09/24/08) (lmp) (Entered: 09/25/2008)

RECAP
83 Oct. 6, 2008

MOTION to Certify Class filed by Leonel Ruiz, Jose A Serrato, Josie Rendon, Clara Tovar, Blanca Valenzuela, Consuelo Espino, Maria Avila, Ernestina Navarrette, Maria E Munoz, Amanda Salcido, Candelario G Ortega, Maria Ortiz, Jose Oliva, Rafaela Chavez, Elodia Arroyo, Margie Salazar, Susana Cardiel, Gracie Rios (Pearson, Eric) (Entered: 10/06/2008)

RECAP
84 Oct. 6, 2008

Brief/Memorandum in Support filed by Leonel Ruiz, Jose A Serrato, Josie Rendon, Clara Tovar, Blanca Valenzuela, Consuelo Espino, Maria Avila, Ernestina Navarrette, Maria E Munoz, Amanda Salcido, Candelario G Ortega, Maria Ortiz, Jose Oliva, Rafaela Chavez, Elodia Arroyo, Margie Salazar, Susana Cardiel, Gracie Rios re 83 MOTION to Certify Class (Pearson, Eric) (Entered: 10/06/2008)

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85 Oct. 6, 2008

Appendix in Support filed by Leonel Ruiz, Jose A Serrato, Josie Rendon, Clara Tovar, Blanca Valenzuela, Consuelo Espino, Maria Avila, Ernestina Navarrette, Maria E Munoz, Amanda Salcido, Candelario G Ortega, Maria Ortiz, Jose Oliva, Rafaela Chavez, Elodia Arroyo, Margie Salazar, Susana Cardiel, Gracie Rios re 84 Brief/Memorandum in Support of Motion, re Class Certification (Attachments: # 1 Appendix pages 1-25, # 2 Appendix pages 26-100, # 3 Appendix pages 101-130, # 4 Appendix pages 131-150, # 5 Appendix pages 151-204, # 6 Appendix pages 205-250, # 7 Appendix pages 251-300, # 8 Appendix pages 301-344, # 9 Appendix pages 345-561, # 10 Appendix pages 562-607, # 11 Appendix pages 608-641, # 12 Appendix pages 642-700, # 13 Appendix pages 701-750, # 14 Appendix pages 751-800, # 15 Appendix pages 801-843, # 16 Appendix pages 844-867) (Pearson, Eric) (Entered: 10/06/2008)

1 Appendix pages 1-25

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2 Appendix pages 26-100

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3 Appendix pages 101-130

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4 Appendix pages 131-150

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5 Appendix pages 151-204

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6 Appendix pages 205-250

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7 Appendix pages 251-300

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8 Appendix pages 301-344

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9 Appendix pages 345-561

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10 Appendix pages 562-607

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11 Appendix pages 608-641

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12 Appendix pages 642-700

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13 Appendix pages 701-750

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14 Appendix pages 751-800

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15 Appendix pages 801-843

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16 Appendix pages 844-867

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RECAP
86 Oct. 6, 2008

Plaintiffs'Reply Brief In Support of 83 MOTION to Certify Class filed by Leonel Ruiz, Jose A Serrato, Josie Rendon, Clara Tovar, Blanca Valenzuela, Consuelo Espino, Maria Avila, Ernestina Navarrette, Maria E Munoz, Amanda Salcido, Candelario G Ortega, Maria Ortiz, Jose Oliva, Rafaela Chavez, Elodia Arroyo, Margie Salazar, Susana Cardiel, Gracie Rios (Pearson, Eric) Modified on 10/6/2008 (svc). (Entered: 10/06/2008)

RECAP
87 Oct. 6, 2008

Appendix in Support filed by Leonel Ruiz, Jose A Serrato, Josie Rendon, Clara Tovar, Blanca Valenzuela, Consuelo Espino, Maria Avila, Ernestina Navarrette, Maria E Munoz, Amanda Salcido, Candelario G Ortega, Maria Ortiz, Jose Oliva, Rafaela Chavez, Elodia Arroyo, Margie Salazar, Susana Cardiel, Gracie Rios re 86 Reply to Response to Motion, re Class Certification (Attachments: # 1 Appendix pages 1-35) (Pearson, Eric) (Entered: 10/06/2008)

RECAP
88 Oct. 6, 2008

RESPONSE in Opposition filed by Swift Beef Company Inc, Swift & Company re 83 MOTION to Certify Class (Allen, Thomas) (Entered: 10/06/2008)

RECAP
89 Oct. 6, 2008

Appendix in Support filed by Swift Beef Company Inc, Swift & Company re 88 Response in Opposition to Plaintiffs' Motion for Class Certification (Attachments: # 1 Part 1, # 2 Part 2, # 3 Part 3, # 4 Part 4) (Allen, Thomas) (Entered: 10/06/2008)

RECAP
91 Jan. 13, 2009

ORDER denying 83 Motion for Class Certification. (See Order) (Ordered by Judge David C Godbey on 1/13/09) (skt) (Entered: 01/14/2009)

RECAP
92 June 18, 2009

STIPULATION for Dismissal With Prejudice by Swift Beef Company Inc, Swift & Company, Elodia Arroyo, Maria Avila, Susana Cardiel, Rafaela Chavez, Consuelo Espino, Maria E Munoz, Ernestina Navarrette, Jose Oliva, Candelario G Ortega, Maria Ortiz, Josie Rendon, Garcie Rios, Leonel Ruiz, Margie Salazar, Amanda Salcido, Jose A Serrato. (Attachments: # 1 Text of Proposed Order) (Eberle, Brian) Modified on 6/19/2009 (axm). (Entered: 06/18/2009)

RECAP
June 18, 2009

***Civil Case Terminated per Stipulation of Dismissal (LR 41.1). (axm) (Entered: 06/19/2009)

PACER
June 18, 2009

***Civil Case Terminated per Stipulation of Dismissal (LR 41.1). (axm)

Case Details

State / Territory:

Texas

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 15, 2006

Closing Date: June 18, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons legally authorized to be employed in the U.S., who have been employed at the Swift facilities as hourly wage earners.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Private Entity/Person

Hicks, Muse, Tate & Furst Inc

HM Capital Partners of Dallas, LLC

Swift & Company

Swift Beef Company, Inc.

Case Details

Causes of Action:

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Immigration Reform and Control Act of 1986 (IRCA)

Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961 et seq.

Other Dockets:

Northern District of Texas 3:06-cv-02322

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Immigration/Border:

Employer sanctions

Employment

Recommended Citation