Case: Salinas-Rodriguez v. Alpha Services, Inc.

3:05-cv-00440 | U.S. District Court for the Southern District of Mississippi

Filed Date: July 18, 2005

Closed Date: May 19, 2008

Clearinghouse coding complete

Case Summary

On July 18, 2005, a group of migrant forestry workers admitted to the U.S. under the H-2B foreign worker program filed suit against their employer Alpha Services, L.L.C., in the U.S. District Court for the Southern District of Mississippi, alleging violations of the Fair Labor Standards Act (29 U.S.C. §§ 201-219) and the Migrant and Seasonal Agricultural Workers Protection Act (29 U.S.C. §§ 1801-1871). The plaintiffs alleged that Alpha and its officers failed to pay the plaintiffs the statutory minimum wage and overtime wages and failed to maintain complete information on the terms and conditions of the plaintiffs' work as migrant workers as required by law. Attorneys with the Southern Poverty Law Center, Immigrant Justice Project, and private firms represented the plaintiffs.

On December 27, 2005, the District Court (Judge William H. Barbour Jr.) conditionally certified the plaintiffs' FLSA claim as a collective action. The class consisted of "[a]ll non-supervisory workers admitted as H-2B temporary foreign workers pursuant to 8 U.S.C. § 1101(a)(15)(H)(ii)(b), who were employed by the Defendants between December 27, 2002 through present." 2005 WL 3557178. Shortly thereafter, the parties engaged in settlement negotiations, which resulted in a resolution of the case.

As part of the settlement, Alpha agreed to pay the named plaintiffs $6,000 each, opt-in plaintiffs between $500 and $3,000 each, and class members $200 each. In addition, Alpha agreed to the following:

1. entry of a Consent Decree ensuring compliance with the federal migrant worker laws;

2. periodic audits by workers and supervisors to monitor Alpha's compliance, along with granting plaintiffs' attorneys access to audits and other company records;

3. not require workers to surrender their passports or other identification documents to the company or its agents;

4. not require deeds, deposits or collateral of any kind as a condition of employment; and,

5. not retaliate against the plaintiffs in any way.

The Court approved the settlement and entered a Consent Order on September 6, 2006. The Court agreed to retain jurisdiction until December 31, 2007, in order to oversee enforcement of the settlement.

Some disputes broke out during the implementation period about whether certain class members had opted in or not, which affected how much money they would receive under the settlement. The disputes were resolved by early 2008, and the court dismissed the case with prejudice on May 19, 2008. It is now closed.

Summary Authors

Gregory Pitt (7/18/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4301720/parties/salinas-rodriquez-v-alpha-services-inc/

Judge(s)

Anderson, Linda (California)

Barbour, William Henry Jr. (Mississippi)

Attorney for Plaintiff

Bauer, Mary C. (Virginia)

Bruner, Kelley McNair (Alabama)

Conrad, Richard T. (Mississippi)

Attorney for Defendant

Judge(s)

Anderson, Linda (California)

Barbour, William Henry Jr. (Mississippi)

Attorney for Plaintiff

Bauer, Mary C. (Virginia)

Bruner, Kelley McNair (Alabama)

Conrad, Richard T. (Mississippi)

PHV, Mary C. (Mississippi)

PHV, Andrew Turner (Mississippi)

PHV, Kelley M. (Mississippi)

Turner, Andrew Hess (Alabama)

Attorney for Defendant

Crutcher, R. Pepper Jr. (Mississippi)

Dorminey, Elizabeth K. (Georgia)

Oliver, Paul (Georgia)

PHV, Elizabeth K. (Mississippi)

PHV, James Larry (Mississippi)

PHV, Paul Oliver (Mississippi)

Stine, James Larry (Georgia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:05-cv-00440	Docket (PACER)	May 19, 2008	May 19, 2008 Docket
70-2 3:05-cv-00440	First Amended Complaint	Dec. 22, 2005	Dec. 22, 2005 Complaint
71 3:05-cv-00044	Opinion & Order	Dec. 27, 2005	Dec. 27, 2005 Order/Opinion 2005 WL 3557178
105-2 3:05-cv-00440	Settlement Agreement Salinas-Rodriguez v. Alpha Services	Sept. 1, 2006	Sept. 1, 2006 Settlement Agreement
106 3:05-cv-00440	Consent Order	Sept. 6, 2006	Sept. 6, 2006 Order/Opinion

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Federico Salinas-Rodriguez v. Alpha Services, Inc. Southern Poverty Law Center	This class action lawsuit against Alpha Services was brought for violations of minimum wage and overtime protections, and for other violations of the Migrant and Seasonal Agricultural Worker Protecti…	September 6, 2006	Sept. 6, 2006 https://www.splcenter.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4301720/salinas-rodriquez-v-alpha-services-inc/

Last updated March 26, 2026, 4:43 a.m.

ECF Number	Date	Description	Link
15	July 18, 2005	Case transferred in from District of Arkansas, Eldorado Division; Case Number 05-1033. Original file with documents numbered 1 thru 14, certified copy of transfer order and docket sheet received., filed by Alpha Services, Inc., Robert Wade Zaharie. (Attachments: # 1 Supplement # 2 # 3 Supplement # 4 Supplement)(lbt, ) (Entered: 07/19/2005) 2 Supplement View on PACER 4 Supplement View on PACER 5 Supplement View on PACER	RECAP
16	July 18, 2005	NOTICE of Appearance by Richard T. Conrad, III on behalf of Javier Astello-Mendez, Marco Antonio Salinas, Ramiro Gonzalez-Felipe, Jose Isabel Lopez-Sanchez, Caimiro Rodriguez-Garcia, J Jesus Lopez-Sanchez, Roberto Salinas-Castro, Federico Salinas-Rodriquez, Malaques Astello-Guevara, Juan Hernandez-Hernandez, Valentin Salinas-Castro (lbt) (Entered: 07/19/2005)	RECAP
17	July 18, 2005	MOTION for Mary Bauer to Appear Pro Hac Vice by Javier Astello-Mendez, Marco Antonio Salinas, Ramiro Gonzalez-Felipe, Jose Isabel Lopez-Sanchez, Caimiro Rodriguez-Garcia, J Jesus Lopez-Sanchez, Roberto Salinas-Castro, Federico Salinas-Rodriquez, Malaques Astello-Guevara, Juan Hernandez-Hernandez, Valentin Salinas-Castro. (lbt) (Entered: 07/19/2005)	RECAP
18	July 18, 2005	MOTION for Kelley M. Bruner to Appear Pro Hac Vice by Javier Astello-Mendez, Marco Antonio Salinas, Ramiro Gonzalez-Felipe, Jose Isabel Lopez-Sanchez, Caimiro Rodriguez-Garcia, J Jesus Lopez-Sanchez, Roberto Salinas-Castro, Federico Salinas-Rodriquez, Malaques Astello-Guevara, Juan Hernandez-Hernandez, Valentin Salinas-Castro. (lbt) (Entered: 07/19/2005)	RECAP
19	July 18, 2005	MOTION for Andrew Turner to Appear Pro Hac Vice by Javier Astello-Mendez, Marco Antonio Salinas, Ramiro Gonzalez-Felipe, Jose Isabel Lopez-Sanchez, Caimiro Rodriguez-Garcia, J Jesus Lopez-Sanchez, Roberto Salinas-Castro, Federico Salinas-Rodriquez, Malaques Astello-Guevara, Juan Hernandez-Hernandez, Valentin Salinas-Castro. (lbt) (Entered: 07/19/2005)	RECAP
20	July 18, 2005	MOTION to File Amended Answer to Document #7 15 Case Transferred In - District Transfer, by Alpha Services, Inc., Robert Wade Zaharie. (lbt, ) (Entered: 07/19/2005)	RECAP
23	July 18, 2005	Response/REPLY in Support Document #10 re 15 Case transferred in from District of Arkansas, Eldorado Division; Case Number 05-1033. Original file with documents numbered 1 thru 14, certified copy of transfer order and docket sheet received., filed by Alpha Services, Inc., Robert Wade Zaharie. (Attachments: # 1 Supplement # 2 # 3 Supplement # 4 Supplement)(lbt, ) filed by Javier Astello-Mendez, Marco Antonio Salinas, Ramiro Gonzalez-Felipe, Jose Isabel Lopez-Sanchez, Caimiro Rodriguez-Garcia, J Jesus Lopez-Sanchez, Roberto Salinas-Castro, Federico Salinas-Rodriquez, Malaques Astello-Guevara, Juan Hernandez-Hernandez, Valentin Salinas-Castro. (lbt) (Entered: 07/20/2005)	RECAP
21	July 19, 2005	ORDER STAYING CASE pending a ruling on the Motion for Class Certification. Signed by Judge Alfred G. Nicols on July 19, 2005. (wg, ) (Entered: 07/19/2005)	RECAP
22	July 19, 2005	ATTACHMENTS re 15 Case Transferred In - District Transfer,. (Attachments: # 1 # 2 # 3 # 4)(lbt) (lbt, ). (Entered: 07/20/2005)	RECAP
24	July 19, 2005	ATTACHMENT #1Defendants Opposition to Plaintiffs' Motion to Invalidate Defendants' Offer of Jment; #2Memorandum of Law in Support of Plaintiffs' Motion to Invalidate Defts' Second Offer of Jment; #3Plaintiffs' Motion to Invalidate Dfts' Second Offer of Jment; #4Memorandum of Law in Support of Plts' Motion to Invalidate Defts' Second Offer Jment; and #5Defts' Motion to Strike Plfts' Motion for Certification of Class Action or, in the Alternative, for Additional Time to Respond re 15 Case Transferred In - District Transfer,. (Attachments: # 1 # 2 # 3 # 4)(lbt, ) (Entered: 07/20/2005)	RECAP
25	July 22, 2005	MOTION for Discovery Scheduling Conference Related to Plaintiffs' Motion for Certification of Class Action and For Additional Time to Respond to Motion for Class Certification by Alpha Services, Inc., Robert Wade Zaharie. (Crutcher, R.) (Entered: 07/22/2005)	RECAP
26	July 22, 2005	MEMORANDUM in Support re 25 MOTION for Discovery Scheduling Conference Related to Plaintiffs' Motion for Certification of Class Action and For Additional Time to Respond to Motion for Class Certification filed by Alpha Services, Inc., Robert Wade Zaharie. (Crutcher, R.) (Entered: 07/22/2005)	RECAP
27	July 22, 2005	RESPONSE in Opposition re 25 MOTION for Discovery Scheduling Conference Related to Plaintiffs' Motion for Certification of Class Action and For Additional Time to Respond to Motion for Class Certification related to 22 Defendants' Motion to Strike Plaintiffs' Motion for Certification of Class Action filed by Javier Astello-Mendez, Marco Antonio Salinas, Ramiro Gonzalez-Felipe, Jose Isabel Lopez-Sanchez, Caimiro Rodriguez-Garcia, J Jesus Lopez-Sanchez, Roberto Salinas-Castro, Federico Salinas-Rodriquez, Malaques Astello-Guevara, Juan Hernandez-Hernandez, Valentin Salinas-Castro. (Conrad, Richard) (Entered: 07/22/2005)	RECAP
28	July 25, 2005	RESPONSE in Opposition re 24 Attachment,, 5, Defendants' Motion to Strike Plaintiffs' Motion for Certification of Class Action, or in the Alternative, for Additional Time to Respond filed by Javier Astello-Mendez, Marco Antonio Salinas, Ramiro Gonzalez-Felipe, Jose Isabel Lopez-Sanchez, Caimiro Rodriguez-Garcia, J Jesus Lopez-Sanchez, Roberto Salinas-Castro, Federico Salinas-Rodriquez, Malaques Astello-Guevara, Juan Hernandez-Hernandez, Valentin Salinas-Castro. (Conrad, Richard) (Entered: 07/25/2005)	RECAP
29	July 28, 2005	NOTICE of Service of Disclosure by Alpha Services, Inc., Robert Wade Zaharie.(Crutcher, R.) (Entered: 07/28/2005)	RECAP
30	July 28, 2005	NOTICE of Service of Disclosure by Javier Astello-Mendez, Marco Antonio Salinas, Ramiro Gonzalez-Felipe, Jose Isabel Lopez-Sanchez, Caimiro Rodriguez-Garcia, J Jesus Lopez-Sanchez, Roberto Salinas-Castro, Federico Salinas-Rodriquez, Malaques Astello-Guevara, Juan Hernandez-Hernandez, Valentin Salinas-Castro.(Conrad, Richard) (Entered: 07/28/2005)	RECAP
31	July 29, 2005	NOTICE of Service of Interrogatories by Javier Astello-Mendez, Marco Antonio Salinas, Ramiro Gonzalez-Felipe, Jose Isabel Lopez-Sanchez, Caimiro Rodriguez-Garcia, J Jesus Lopez-Sanchez, Roberto Salinas-Castro, Federico Salinas-Rodriquez, Malaques Astello-Guevara, Juan Hernandez-Hernandez, Valentin Salinas-Castro.(Conrad, Richard) (Entered: 07/29/2005)	RECAP
32	Aug. 4, 2005	RESPONSE to Motion re 20 MOTION to Amend/Correct 15 Case Transferred In - District Transfer, filed by Federico Salinas-Rodriquez. (Bruner - PHV, Kelley) (Entered: 08/04/2005)	RECAP
33	Aug. 5, 2005	MOTION for Elizabeth K. Dorminey to Appear Pro Hac Vice by Alpha Services, Inc., Robert Wade Zaharie. (Crutcher, R.) (Entered: 08/05/2005)	RECAP
34	Aug. 5, 2005	MOTION for Paul Oliver to Appear Pro Hac Vice by Alpha Services, Inc., Robert Wade Zaharie. (Crutcher, R.) (Entered: 08/05/2005)	RECAP
35	Aug. 5, 2005	MOTION for James Larry Stine to Appear Pro Hac Vice by Alpha Services, Inc., Robert Wade Zaharie. (Crutcher, R.) (Entered: 08/05/2005)	RECAP
36	Aug. 5, 2005	MOTION for Leave to File Response to Plaintiffs' Motion to Invalidate Defendants' Second Offer of Judgment Out of Time by Alpha Services, Inc., Robert Wade Zaharie. (Crutcher, R.) (Entered: 08/05/2005)	RECAP
37	Aug. 5, 2005	MEMORANDUM in Support re 36 MOTION for Leave to File Response to Plaintiffs' Motion to Invalidate Defendants' Second Offer of Judgment Out of Time filed by Alpha Services, Inc., Robert Wade Zaharie. (Crutcher, R.) (Entered: 08/05/2005)	RECAP
38	Aug. 8, 2005	RESPONSE to Motion re 25 MOTION for Discovery Scheduling Conference Related to Plaintiffs' Motion for Certification of Class Action and For Additional Time to Respond to Motion for Class Certification filed by Federico Salinas-Rodriquez. (Bruner - PHV, Kelley) (Entered: 08/08/2005)	RECAP
39	Aug. 10, 2005	ORDER granting [#20] Defendants' Motion to File Amended Answer. Signed by Judge Alfred G. Nicols on August 10, 2005. ACF (Entered: 08/10/2005)	RECAP
40	Aug. 17, 2005	ORDER granting Defendants' Motion to File Amended Answer [#20] and granting Defendants' request for a jury trial. Signed by Judge Alfred G. Nicols on August 17, 2005. ACF (Entered: 08/17/2005)	RECAP
41	Aug. 19, 2005	AMENDED ANSWER to Complaint by Alpha Services, Inc., Robert Wade Zaharie. (Crutcher, R.) (Entered: 08/19/2005)	RECAP
42	Aug. 22, 2005	RESPONSE in Opposition re 36 MOTION for Leave to File Response to Plaintiffs' Motion to Invalidate Defendants' Second Offer of Judgment Out of Time filed by Federico Salinas-Rodriquez. (Bruner - PHV, Kelley) (Entered: 08/22/2005)	RECAP
45	Sept. 9, 2005	AGREED SCHEDULING ORDER re Status Conference. Signed by Judge William H. Barbour Jr. on 9/9/05. (Moore, Janet) (Entered: 09/12/2005)	RECAP
43	Sept. 12, 2005	MOTION to Invalidate defendants' Third Offer of Judgment by Malaques Astello-Guevara, et al. (THR, ) (Entered: 09/12/2005)	RECAP
44	Sept. 12, 2005	RESPONSE in Support re 43 MOTION to Invalidate defendants' Third Offer of Judgment filed by Malaques Astello-Guevara, et al. (THR, ) (Entered: 09/12/2005)	RECAP
46	Sept. 14, 2005	MOTION for Collective Action by Federico Salinas-Rodriquez. (Attachments: # 1 Memorandum of Law# 2 Exhibit Exhibit 1 to Motion# 3 Exhibit Exhibit 1 to Memorandum# 4 Exhibit Exhibit 2 to Memorandum# 5 Exhibit Exhibit 3A to Memorandum# 6 Exhibit Exhibit 3B to Memorandum# 7 Exhibit Exhibit 4 to Memorandum# 8 Exhibit Exhibit 5 to Memorandum# 9 Exhibit Exhibit 6 to Memorandum# 10 Exhibit Exhibit 7 to Memorandum# 11 Exhibit Exhibit 8 to Memorandum# 12 Exhibit Exhibit 9 to Memorandum)(Bauer - PHV, Mary) (Entered: 09/14/2005) 2 Memorandum of Law View on PACER 3 Exhibit Exhibit 1 to Motion View on PACER 4 Exhibit Exhibit 1 to Memorandum View on PACER 5 Exhibit Exhibit 2 to Memorandum View on PACER 6 Exhibit Exhibit 3A to Memorandum View on PACER 7 Exhibit Exhibit 3B to Memorandum View on PACER 8 Exhibit Exhibit 4 to Memorandum View on PACER 9 Exhibit Exhibit 5 to Memorandum View on PACER 10 Exhibit Exhibit 6 to Memorandum View on PACER 11 Exhibit Exhibit 7 to Memorandum View on PACER 12 Exhibit Exhibit 8 to Memorandum View on PACER 13 Exhibit Exhibit 9 to Memorandum View on PACER	RECAP
47	Sept. 19, 2005	ORDER granting 36 Motion for Leave to File Response to Plaintiffs' Motion to Invalidate Defendants' Second Offer of Judgment, denying as moot 25 Motion for Scheduling Conference re Discovery. Signed by Judge William H. Barbour Jr. on 09/19/05. (Hill, Margie) (Entered: 09/19/2005)	RECAP
48	Sept. 20, 2005	NOTICE of Re-Filing by Federico Salinas-Rodriquez (Attachments: # 1 Motion to Invalidate Defendants' Offer of Judgment# 2 Memo in Support of Motion to Invalidate Defendants' Offer of Judgment# 3 Exhibit 1 to Memo in Support)(Bruner - PHV, Kelley) (Entered: 09/20/2005) 2 Motion to Invalidate Defendants' Offer of Judgment View on PACER 3 Memo in Support of Motion to Invalidate Defendants' Offer of Judgment View on PACER 4 Exhibit 1 to Memo in Support View on PACER	RECAP
49	Sept. 29, 2005	Corporate Disclosure Statement by Alpha Services, Inc..(Crutcher, R.) (Entered: 09/29/2005)	RECAP
50	Oct. 5, 2005	NOTICE of Filing Consents to Sue by Federico Salinas-Rodriquez (Attachments: # 1 FLSA Consent to Sue Form# 2 FLSA Consent to Sue Form)(Bruner - PHV, Kelley) (Entered: 10/05/2005) 2 FLSA Consent to Sue Form View on PACER 3 FLSA Consent to Sue Form View on PACER	RECAP
51	Oct. 20, 2005	NOTICE to Take Deposition of Federico Salinas-Rodriguez; Roberto Salinas-Castro; Valentin Salinas-Castro by Alpha Services, Inc., Robert Wade Zaharie.(Stine - PHV, James) (Entered: 10/20/2005)	RECAP
52	Oct. 25, 2005	MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Preliminary Certification of Collective Action by Alpha Services, Inc., Robert Wade Zaharie. (Stine - PHV, James) (Entered: 10/25/2005)	RECAP
53	Oct. 27, 2005	MOTION for Extension of Time to File Response/Reply to Plainitff's Motion for Preliminary Certification of Collective Action by Alpha Services, Inc., Robert Wade Zaharie. (Stine - PHV, James) (Entered: 10/27/2005)	RECAP
54	Oct. 27, 2005	NOTICE to Take Deposition of Federico Salinas-Rodriguez; Roberto Salinas-Castro; Valentin Salinas-Castro by Alpha Services, Inc., Robert Wade Zaharie.(Stine - PHV, James) (Entered: 10/27/2005)	RECAP
55	Oct. 27, 2005	NOTICE to Take Deposition of Juan Hernandez-Hernandez; Casimiro Garcia-Rodriguez; Marco Antonio Salinas-Rodriguez; Jose Jesus Lopez Sanchez; Ramiro Gonzalez-Felipe by Alpha Services, Inc., Robert Wade Zaharie.(Stine - PHV, James) (Entered: 10/27/2005)	RECAP
56	Oct. 27, 2005	NOTICE to Take Deposition of Javier Astello-Mendez; Malaquias Astello-Guevara; Jose Isabel Lopez-Sanchez by Alpha Services, Inc., Robert Wade Zaharie.(Stine - PHV, James) (Entered: 10/27/2005)	RECAP
57	Nov. 2, 2005	NOTICE to Take Deposition (Amended) of Federico Salinas-Rodriguez by Alpha Services, Inc., Robert Wade Zaharie.(Stine - PHV, James) (Entered: 11/02/2005)	RECAP
58	Nov. 2, 2005	NOTICE to Take Deposition (Amended) of Juan Hernandez-Hernandez; Marco Antonio Salinas-Rodriguea by Alpha Services, Inc., Robert Wade Zaharie.(Stine - PHV, James) (Entered: 11/02/2005)	RECAP
59	Nov. 4, 2005	NOTICE to Take Deposition (2nd Amended) of Federico Salinas-Rodriguez by Alpha Services, Inc., Robert Wade Zaharie.(Stine - PHV, James) (Entered: 11/04/2005)	RECAP
60	Nov. 14, 2005	RESPONSE in Opposition re 53 MOTION for Extension of Time to File Response/Reply to Plainitff's Motion for Preliminary Certification of Collective Action filed by Federico Salinas-Rodriquez. (Bruner - PHV, Kelley) (Entered: 11/14/2005)	RECAP
61	Nov. 23, 2005	ORDER denying without prejudice Plaintiffs' 43 Motion to Invalidate Defendants' Third Offer of Judgment, granting Defendants' 52 & 53 MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Preliminary Certification of Collective Action to 12/5/05; further, Plaintiffs' Motion to Invalidate Defendants' First and Second Offer of Judgment #48, and #24 is denied without prejudice . Signed by Judge William H. Barbour Jr. on 11/23/05. (Nelson, Ann) (Entered: 11/23/2005)	RECAP
62	Nov. 23, 2005	NOTICE of Service of Interrogatories and Requests for Production by Federico Salinas-Rodriquez (Bruner - PHV, Kelley) (Entered: 11/23/2005)	RECAP
63	Dec. 5, 2005	Response in Opposition re 46 MOTION for Collective Action by Federico Salinas-Rodriquez. (Attachments: # 1 Memorandum of Law# 2 Exhibit Exhibit 1 to Motion# 3 Exhibit Exhibit 1 to Memorandum# 4 Exhibit Exhibit 2 to Memorandum# 5 Exhibit Exhibit 3A to Memorandum# 6 Exhibit Exhibit 3B to Memorandum# 7 Exhibit Exhibit 4 to Memorandum# 8 Exhibit Exhibit 5 to Memorandum# 9 Exhibit Exhibit 6 to Memorandum# 10 Exhibit Exhibit 7 to Memorandum# 11 Exhibit Exhibit 8 to Memorandum# 12 Exhibit Exhibit 9 to Memorandum)(Bauer - PHV, Mary) filed by Alpha Services, Inc., Robert Wade Zaharie. (Attachments: # 1 Exhibit # 2 Errata # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit)(Stine - PHV, James) (Entered: 12/05/2005) 2 Exhibit View on PACER 3 Errata View on PACER 4 Exhibit View on PACER 5 Exhibit View on PACER 6 Exhibit View on PACER 7 Exhibit View on PACER	RECAP
64	Dec. 15, 2005	REPLY to Response to Motion re 46 MOTION for Collective Action filed by Federico Salinas-Rodriquez. (Attachments: # 1 Exhibit 10# 2 Exhibit 11# 3 Exhibit 12# 4 Exhibit 13)(Bruner - PHV, Kelley) (Entered: 12/15/2005) 2 Exhibit 10 View on PACER 3 Exhibit 11 View on PACER 4 Exhibit 12 View on PACER 5 Exhibit 13 View on PACER	RECAP
65	Dec. 15, 2005	MOTION for Leave to File Excess Pages by Federico Salinas-Rodriquez. (Bruner - PHV, Kelley) (Entered: 12/15/2005)	RECAP
66	Dec. 16, 2005	MOTION for Protective Order by Federico Salinas-Rodriquez. (Bruner - PHV, Kelley) (Entered: 12/16/2005)	RECAP
67	Dec. 16, 2005	MEMORANDUM in Support re 66 MOTION for Protective Order filed by Federico Salinas-Rodriquez. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Bruner - PHV, Kelley) (Entered: 12/16/2005) 2 Exhibit 1 View on PACER 3 Exhibit 2 View on PACER 4 Exhibit 3 View on PACER 5 Exhibit 4 View on PACER	RECAP
68	Dec. 21, 2005	Joint MOTION for Extension of Time to Complete Discovery by Federico Salinas-Rodriquez. (Bruner - PHV, Kelley) (Entered: 12/21/2005)	RECAP
69	Dec. 21, 2005	ORDER granting parties' joint 68 Motion for Extension of Time to Complete Discovery. Discovery extended until 1/31/06. Signed by Judge Alfred G. Nicols on 12/21/05. ACF (Entered: 12/21/2005)	RECAP
70	Dec. 22, 2005	MOTION for Leave to File First Amended Complaint by Federico Salinas-Rodriquez. (Attachments: # 1 Exhibit A)(Bruner - PHV, Kelley) (Entered: 12/22/2005) 2 Exhibit A View on PACER	RECAP
71	Dec. 27, 2005	OPINION and ORDER granting 46 Motion for Preliminary Certification of Collective Action and other relief. Defendants are to provide names, etc. for all potential opt-in plaintiffs by January 13, 2005, and Plaintiffs must file all consent forms of opt-in plaintiffs within 180 days of this Opinion and Order. Signed by Judge William H. Barbour Jr. on 12/27/05. (Hill, Margie)	RECAP
72	Dec. 29, 2005	Consent MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Protective Order by Alpha Services, Inc., Robert Wade Zaharie. (Stine - PHV, James) (Entered: 12/29/2005)	RECAP
73	Jan. 10, 2006	ORDER authorizing Notice and Consent to Sue Form. Signed by Judge William H. Barbour Jr. on 01-10-06. (Attachments: # 1 Court Authorized Notice)(Turner, Tom) 2 Court Authorized Notice View on PACER	RECAP
74	Jan. 13, 2006	AMENDED COMPLAINT against all defendants, filed by Federico Salinas-Rodriquez.(Bruner - PHV, Kelley) (Entered: 01/13/2006)	RECAP
75	Jan. 17, 2006	Response in Opposition re 66 MOTION for Protective Order by Federico Salinas-Rodriquez. (Bruner - PHV, Kelley) filed by Alpha Services, Inc., Robert Wade Zaharie. (Attachments: # 1 Affidavit W. Zaharie Affidavit# 2 Affidavit L. Caudill Affidavit)(Stine - PHV, James) (Entered: 01/17/2006) 2 Affidavit W. Zaharie Affidavit View on PACER 3 Affidavit L. Caudill Affidavit View on PACER	RECAP
76	Jan. 19, 2006	NOTICE of Deposition of Domingo Altamirano by Federico Salinas-Rodriquez (Bruner - PHV, Kelley) (Entered: 01/19/2006)	RECAP
77	Jan. 19, 2006	NOTICE of Deposition of Alpha Services LLC by Federico Salinas-Rodriquez (Bruner - PHV, Kelley) (Entered: 01/19/2006)	RECAP
78	Jan. 19, 2006	NOTICE of Deposition of Juan Carlos Martinez by Federico Salinas-Rodriquez (Bruner - PHV, Kelley) (Entered: 01/19/2006)	RECAP
79	Jan. 19, 2006	NOTICE of Deposition of Pedro Cervantes by Federico Salinas-Rodriquez (Bruner - PHV, Kelley) (Entered: 01/19/2006)	RECAP
80	Jan. 19, 2006	NOTICE of Deposition of Isaias Morente by Federico Salinas-Rodriquez (Bruner - PHV, Kelley) (Entered: 01/19/2006)	RECAP
81	Jan. 19, 2006	NOTICE of Deposition of Blas Rodriguez by Federico Salinas-Rodriquez (Bruner - PHV, Kelley) (Entered: 01/19/2006)	RECAP
82	Jan. 19, 2006	NOTICE of Deposition of Javier Cervantes by Federico Salinas-Rodriquez (Bruner - PHV, Kelley) (Entered: 01/19/2006)	RECAP
83	Jan. 23, 2006	Consent MOTION for Extension of Time to File Response/Reply as to 66 MOTION for Protective Order by Federico Salinas-Rodriquez. (Bruner - PHV, Kelley) (Entered: 01/23/2006)	RECAP
84	Jan. 25, 2006	MOTION for Contempt by Federico Salinas-Rodriquez. (Attachments: # 1 Exhibit Pl. Exhibit 1# 2 Exhibit Pl. Exhibit 2# 3 Exhibit Pl. Exhibit 3# 4 Exhibit Pl. Exhibit 4# 5 Exhibit Pl. Exhibit 5# 6 Exhibit Pl. Exhibit 6# 7 Exhibit Pl. Exhibit 7# 8 Exhibit Pl. Exhibit 8# 9 Exhibit Pl. Exhibit 9# 10 Exhibit Pl. Exhibit 10# 11 Exhibit Pl. Exhibit 11# 12 Exhibit Pl. Exhibit 12# 13 Exhibit Pl. Exhibit 13)(Bruner - PHV, Kelley) (Entered: 01/25/2006) 2 Exhibit Pl. Exhibit 1 View on PACER 3 Exhibit Pl. Exhibit 2 View on PACER 4 Exhibit Pl. Exhibit 3 View on PACER 5 Exhibit Pl. Exhibit 4 View on PACER 6 Exhibit Pl. Exhibit 5 View on PACER 7 Exhibit Pl. Exhibit 6 View on PACER 8 Exhibit Pl. Exhibit 7 View on PACER 9 Exhibit Pl. Exhibit 8 View on PACER 10 Exhibit Pl. Exhibit 9 View on PACER 11 Exhibit Pl. Exhibit 10 View on PACER 12 Exhibit Pl. Exhibit 11 View on PACER 13 Exhibit Pl. Exhibit 12 View on PACER 14 Exhibit Pl. Exhibit 13 View on PACER	RECAP
85	Feb. 2, 2006	Joint MOTION to Stay /Extend all Deadlines Pending Court Approval of Proposed Settlement Agreement by Federico Salinas-Rodriquez. (Bruner - PHV, Kelley) (Entered: 02/02/2006)	RECAP
86	Feb. 3, 2006	ORDER granting Joint 85 Motion to Extend all Deadlines pending Court Approval of Proposed Settlement Agreement. Signed by Judge William H. Barbour Jr. on 2/3/06. (Nelson, Ann) (Entered: 02/03/2006)	RECAP
87	Feb. 7, 2006	NOTICE of Filing Consents to Sue by Federico Salinas-Rodriquez (Attachments: # 1 Consent to Sue for Jose Luis Macias# 2 Consent to Sue for Humberto Vasquez)(Bruner - PHV, Kelley) (Entered: 02/07/2006) 2 Consent to Sue for Jose Luis Macias View on PACER 3 Consent to Sue for Humberto Vasquez View on PACER	RECAP
88	March 10, 2006	NOTICE of Filing Consents to Sue by Federico Salinas-Rodriquez (Attachments: # 1 Alvaro Rubein Vasquez Perez# 2 Alvaro Vasquez Perez# 3 Alverto Vasquez Perez)(Bruner - PHV, Kelley) (Entered: 03/10/2006) 2 Alvaro Rubein Vasquez Perez View on PACER 3 Alvaro Vasquez Perez View on PACER 4 Alverto Vasquez Perez View on PACER	RECAP
89	March 13, 2006	NOTICE of Filing Consent to Sue by Federico Salinas-Rodriquez (Attachments: # 1 Secundino Vasquez Perez)(Bruner - PHV, Kelley) (Entered: 03/13/2006) 2 Secundino Vasquez Perez View on PACER	RECAP
90	March 27, 2006	NOTICE of Filing Consent to Sue by Federico Salinas-Rodriquez (Attachments: # 1 Consent to Sue - Jesus Nunez Vasquez)(Bruner - PHV, Kelley) (Entered: 03/27/2006) 2 Consent to Sue - Jesus Nunez Vasquez View on PACER	RECAP
91	April 28, 2006	NOTICE of Filing Consent to Sue by Federico Salinas-Rodriquez (Attachments: # 1)(Bruner - PHV, Kelley) (Entered: 04/28/2006)	RECAP
92	May 1, 2006	NOTICE of Filing Consent to Sue by Federico Salinas-Rodriquez (Attachments: # 1)(Bruner - PHV, Kelley) (Entered: 05/01/2006)	RECAP
93	May 9, 2006	NOTICE of Filing Consent to Sue by Federico Salinas-Rodriquez (Attachments: # 1)(Bruner - PHV, Kelley) (Entered: 05/09/2006)	RECAP
94	May 15, 2006	MOTION for Settlement Agreement to be Enforced by Federico Salinas-Rodriquez. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Bruner - PHV, Kelley) (Entered: 05/15/2006) 2 Exhibit A View on PACER 3 Exhibit B View on PACER	RECAP
95	May 31, 2006	Joint MOTION to Certify Class, Approve Class Settlement Agreement, Give Notice to Class and Schedule Fairness Hearing by Federico Salinas-Rodriquez. (Attachments: # 1 Exhibit Settlement Agreement# 2 Exhibit Notice to Class)(Bruner - PHV, Kelley) (Entered: 05/31/2006) 2 Exhibit Settlement Agreement View on PACER 3 Exhibit Notice to Class View on PACER	RECAP
96	June 1, 2006	MOTION to Withdraw 94 MOTION for Settlement Agreement to be Enforced by Federico Salinas-Rodriquez. (Bruner - PHV, Kelley) (Entered: 06/01/2006)	RECAP
97	June 5, 2006	AGREED ORDER GRANTING 95 Joint Motion for Certification of Class, Preliminary Approval of Class Action Settlement, Notice to Class and Scheduling Fairness Hearing Motion to Certify Class. Signed by Judge William H. Barbour Jr. on 06-02-06. (Attachments: # 1 Exhibit A) (Lewis, Nijah) (Entered: 06/05/2006) 2 Exhibit Exhibit A View on PACER	RECAP
98	June 21, 2006	NOTICE of Filing Consents to Sue by Federico Salinas-Rodriquez (Attachments: # 1 Consent to Sue - Alex Onofre Cotto# 2 Consent to Sue - Nestor Emilio Moreno Moran# 3 Consent to Sue - Pedro Morante Cotto# 4 Consent to Sue - Jairon Alvarez Morante# 5 Consent to Sue - Lino Javier Muniz Macias)(Bruner - PHV, Kelley) Modified on 6/22/2006 (Moore, Janet). (Entered: 06/21/2006) 2 Consent to Sue - Alex Onofre Cotto View on PACER 3 Consetnt to Sue - Nestor Emilio Moreno Moran View on PACER 4 Consent to Sue - Pedro Morante Cotto View on PACER 5 Consent to Sue - Jairon Alvarez Morante View on PACER 6 Consent to Sue - Lino Javier Muniz Macias View on PACER	RECAP
99	June 27, 2006	NOTICE of Filing Consents to Sue by Federico Salinas-Rodriquez (Attachments: # 1 Arturo Sanchez Espinosa# 2 Cornelio Lucas Medina# 3 J Adalberto Alvarez Estrada)(Bruner - PHV, Kelley) (Entered: 06/27/2006) 2 Arturo Sanchez Espinosa View on PACER 3 Cornelio Lucas Medina View on PACER 4 J Adalberto Alvarez Estrada View on PACER	RECAP
100	June 30, 2006	NOTICE of Filing Consent to Sue by Federico Salinas-Rodriquez (Attachments: # 1 Consent to Sue - Feliciano Banda)(Bruner - PHV, Kelley) (Entered: 06/30/2006) 2 Consent to Sue - Feliciano Banda View on PACER	RECAP
101	June 30, 2006	NOTICE of Filing Consent to Sue by Federico Salinas-Rodriquez (Attachments: # 1)(Bruner - PHV, Kelley) (Entered: 06/30/2006)	RECAP
102	July 5, 2006	NOTICE of Filing Consents to Sue by Federico Salinas-Rodriquez (Attachments: # 1 Consent to Sue - Enrique Medina Franco# 2 Consent to Sue - Rodolfo Vasquez Arias)(Bruner - PHV, Kelley) (Entered: 07/05/2006) 2 Consent to Sue - Enrique Medina Franco View on PACER 3 Consent to Sue - Rodolfo Vasquez Arias View on PACER	RECAP
103	July 10, 2006	NOTICE of Filing Consent to Sue by Federico Salinas-Rodriquez (Attachments: # 1)(Bruner - PHV, Kelley) (Entered: 07/10/2006)	RECAP
104	July 13, 2006	NOTICE of Filing Consents to Sue by Federico Salinas-Rodriquez (Attachments: # 1 Consent to Sue - Juan Ortega Fragoso# 2 Consent to Sue - Blas Mata Padilla)(Bruner - PHV, Kelley) (Entered: 07/13/2006) 2 Consent to Sue - Juan Ortega Fragoso View on PACER 3 Consent to Sue - Blas Mata Padilla View on PACER	RECAP
105	Sept. 1, 2006	MEMORANDUM IN SUPPORT re 95 Joint MOTION to Certify Class, Approve Class Settlement Agreement, Give Notice to Class and Schedule Fairness Hearing filed by Federico Salinas-Rodriquez. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Bruner - PHV, Kelley) (Entered: 09/01/2006) 1 Exhibit 1 View on RECAP 3 Exhibit 2 View on PACER	RECAP
106	Sept. 6, 2006	CONSENT ORDER. The Court expressly retains jurisdiction of this action until December 31, 2007, in order to oversee the consummation of this settlement and enforce the terms of the Settlement Agreement. Signed by Judge William H. Barbour Jr. on 09-05-06. (Attachments: # 1 Exhibit Exhibit A-Settlement Agreement)(Lewis, Nijah) (Entered: 09/06/2006) 2 Exhibit Exhibit A-Settlement Agreement View on PACER	RECAP
107	Sept. 26, 2006	MOTION for Settlement Agreement to be Enforced by Federico Salinas-Rodriquez. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Bruner - PHV, Kelley) (Entered: 09/26/2006) 2 Exhibit 1 View on PACER 3 Exhibit 2 View on PACER	RECAP
108	Oct. 10, 2006	MOTION to Take Deposition by Alpha Services, Inc., Robert Wade Zaharie. (Attachments: # 1 Exhibit correspondence# 2 Exhibit proposed order)(Stine - PHV, James) (Entered: 10/10/2006) 2 Exhibit correspondence View on PACER 3 Exhibit proposed order View on PACER	RECAP
109	Oct. 10, 2006	RESPONSE to Motion re 107 MOTION for Settlement Agreement to be Enforced filed by Alpha Services, Inc., Robert Wade Zaharie. (Attachments: # 1 Exhibit Mediated Settlement Agreement# 2 Errata Aug 18 Corres. to Stine from Bruner# 3 Exhibit 7/19, 8/31, 9/14 Correspondence# 4 Exhibit Consent to Sue Forms# 5 Exhibit Consent to Sue - Estrada# 6 Exhibit 9/28 Corresp to Stine from Bruner)(Stine - PHV, James) (Entered: 10/10/2006) 2 Exhibit Mediated Settlement Agreement View on PACER 3 Errata Aug 18 Corres. to Stine from Bruner View on PACER 4 Exhibit 7/19, 8/31, 9/14 Correspondence View on PACER 5 Exhibit Consent to Sue Forms View on PACER 6 Exhibit Consent to Sue - Estrada View on PACER 7 Exhibit 9/28 Corresp to Stine from Bruner View on PACER	RECAP
110	Oct. 24, 2006	MEMORANDUM IN OPPOSITION re 108 MOTION to Take Deposition filed by Federico Salinas-Rodriquez. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Bruner - PHV, Kelley) (Entered: 10/24/2006) 2 Exhibit 1 View on PACER 3 Exhibit 2 View on PACER 4 Exhibit 3 View on PACER 5 Exhibit 4 View on PACER 6 Exhibit 5 View on PACER	RECAP
111	Oct. 25, 2006	OPINION AND ORDER denying 107 Plaintiff's Motion to Enforce Settlement. Signed by Judge William H. Barbour Jr. on 10-25-06. (Lewis, Nijah) (Entered: 10/25/2006)	RECAP
112	Dec. 8, 2006	ORDER REASSIGNING CASE. Case reassigned to Judge Linda R. Anderson for all further proceedings. Judge James C. Sumner no longer assigned to case. Signed by Judge Henry T. Wingate on 12/8/06. (Moore, Janet) (Entered: 12/11/2006)	RECAP
113	Jan. 18, 2007	ORDER. Defendants' Motion for Telephonic Depositions to Determine Payments Owed Under Settlement Agreement [Docket No. 108] is hereby granted in part and denied in part. Defendants shall be permitted to take limited depositions of Alvaro Vasquez Perez, Alverto Vasquez Perez, and Cecundino Vasquez Perez for the purpose of determining whether these individuals consented to become opt-in plaintiffs in this case. Defendants will not be permitted to depose any other opt-in plaintiff in this case.Signed by Judge William H. Barbour Jr. on 01-18-07. (Lewis, Nijah) (Entered: 01/18/2007)	RECAP
114	May 19, 2008	ORDER DISMISSING CASE with prejudice. Signed by District Judge William H. Barbour, Jr on 5/19/08 (JKM) (Entered: 05/20/2008)	RECAP

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Case Details

State / Territory:

Mississippi

Case Type(s):

Immigration and/or the Border

Labor Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 18, 2005

Closing Date: May 19, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All those individuals admitted as H-2B temporary foreign workers pursuant to 8 U.S.C. § 1101(a)(15)(H)(ii)(b), who were employed by Alpha Services, Inc. in any capacity from April 14, 2002 through the time of suit.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Private Entity/Person

Alpha Services, Inc.

Case Details

Causes of Action:

Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219

Migrant and Seasonal Agricultural Workers Protection Act, 29 U.S.C. §§ 1801-1871

Other Dockets:

Southern District of Mississippi 3:05-cv-00440

Southern District of Mississippi 3:05-cv-00044

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Retaliation Prohibition

Amount Defendant Pays: 112,000

Order Duration: 2006 - 2007

Issues

General/Misc.:

Staff (number, training, qualifications, wages)

Immigration/Border:

Employer sanctions

Employment

Temporary foreign workers program

Recommended Citation

Case Summary of Salinas-Rodriguez v. Alpha Services, Inc., Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/10569/ (last updated 7/18/2012).