Case: Casilao v. Hotelmacher LLC

5:17-cv-00800 | U.S. District Court for the Western District of Oklahoma

Filed Date: July 26, 2017

Case Ongoing

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Case Summary

This case challenged the legality of a scheme to recruit Filipino nationals to work in the United States under an H-2B visa. On July 26, 2017, three Filipino nationals recruited to work in the United States filed a class-action lawsuit against the owners of Limited Liability Companies (LLCs) operating various hospitality, restaurant, and entertainment venues in Oklahoma. Plaintiffs were represented by the ACLU of Oklahoma, Legal Aid, and the Equal Justice Center. The suit was filed in the Unite…

This case challenged the legality of a scheme to recruit Filipino nationals to work in the United States under an H-2B visa.

On July 26, 2017, three Filipino nationals recruited to work in the United States filed a class-action lawsuit against the owners of Limited Liability Companies (LLCs) operating various hospitality, restaurant, and entertainment venues in Oklahoma. Plaintiffs were represented by the ACLU of Oklahoma, Legal Aid, and the Equal Justice Center. The suit was filed in the United States District Court for the Western District of Oklahoma and assigned to Judge Amanda Maxfield Green, later reassigned to Judge Scott L. Palk on November 29, 2017.

The complaint alleges that the defendants engaged directly in a scheme in the Philippines where they recruited Filipino nationals to work under the H-2B temporary foreign worker visa program in the United States. The plaintiffs alleged that they were promised full-time work with good pay, free housing, food, transportation, and stable, long-term work potential. However, in reality, class members were forced to work under conditions that were not consistent with the defendants’ representations.

Specifically, the complaint alleged that the defendants’ recruitment and employment practices violated the Trafficking Victims Protection Reauthorization Act of 2003 (TVPRA), constituting forced labor, involuntary servitude, and human trafficking under Title 18 U.S.C. §§ 1589, 1590, 1593A, and 1594. Additionally, the complaint alleged (a) a breach of the employment contract between the plaintiffs and defendants, and (b) a third-party claim for breach of the contracts between the defendants and the Philippine Overseas Employment Administration (“POEA”), with whom the defendants worked to secure the employment of the plaintiffs.

The plaintiffs sought certification as a class, compensatory and punitive damages, and attorney’s fees.

On September 1, 2017, the defendants filed separate motions to dismiss, and the court denied each motion on February 5, 2018.

Class Certification / Summary Judgment:

After the defendants' motions were denied, discovery began regarding the limited question of class-action certification.

On September 14, 2020, the plaintiffs filed a motion to certify the class. After various motions to exclude exhibits, the defendants filed a motion for summary judgment. The plaintiffs filed a motion in opposition to the summary judgment on November 2, 2020.

In a September 30, 2021 order, the court granted the plaintiffs’ motion for class certification, defining the class as “[A]ll Filipino nationals who obtained H-2B visas at any time from January 1, 2008, through December 31, 2014, who were admitted to the United States as H-2B temporary foreign workers, and for whom one of the Defendants was the H-2B petitioner or de facto employer upon arrival in the United States.”

In the same order, the court denied the defendants’ motion for summary judgment without prejudice to refiling, reasoning that the motion was premature, as discovery was limited to the question of class certification.

On October 14, 2021, the defendants filed a petition for permission to appeal the class certification to the Tenth Circuit. The defendants also filed a motion to stay the case on November 19, 2021, pending their petition to appeal. The court denied the petition for appeal on November 23, 2021.

The defendants moved to de-certify the class on July 15, 2022. Following the court’s October 4, 2022 order granting the plaintiffs’ motion for discovery sanctions, the defendants filed an amended motion to de-certify the class on February 22, 2023.

Settlement:

On September 18, 2023, the court scheduled a settlement conference for November 8, 2023.

On November 16, 2023, the court entered an order stating that the parties had reached a settlement. The parties filed an unopposed motion for preliminary approval of the class settlement on January 26, 2024.

The case was reassigned to Magistrate Judge Amanda Maxfield Green, who approved the preliminary class settlement on April 24, 2024, setting the final approval hearing for August 22, 2024.

The plaintiffs filed an unopposed motion for costs, attorneys' fees, and class representative service awards on May 15, 2024. The plaintiffs then filed an unopposed motion for final settlement of the class settlement on August 15, 2024.

The court approved the final class settlement on August 22, 2024. The settlement agreement required the defendants to pay a maximum of $730,000.00 in exchange for a release of all claims. This figure included service awards for class representatives ($15,000 each), class counsel attorneys’ fees of up to $215,000, a settlement administrator’s fee (not to exceed $11,500), and individual class member claims (averaging $19,943.75).

The court entered final judgment but retained exclusive jurisdiction to resolve any disputes regarding the performance of the Settlement Agreement.

The case remains ongoing as the court supervises compliance with the settlement agreement.

Summary Authors

Colton French (3/27/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6129751/parties/casilao-v-hotelmacher-llc/

Judge(s)

Attorney for Plaintiff

Barari, Mana (Oklahoma)

Boehne, Caitlin (Oklahoma)

Colby, Eben (Oklahoma)

Attorney for Defendant

Billings, A Wayne (Oklahoma)

Donelson, Kevin R (Oklahoma)

Judge(s)

Palk, Scott Lawrence (Oklahoma)

Attorney for Plaintiff

Barari, Mana (Oklahoma)

Boehne, Caitlin (Oklahoma)

Colby, Eben (Oklahoma)

Eisenbrey, Rebecca C (Oklahoma)

Fisher, Catherine (Oklahoma)

Henderson, Brady R (Oklahoma)

Lambert, Megan E (Oklahoma)

Musante, Alyssa E (Oklahoma)

Schiffman, Daniele (Oklahoma)

Sleeper, Adam (Oklahoma)

Vigne, Carole (Oklahoma)

Warner, George A (Oklahoma)

Webb, Jill E (Oklahoma)

Willett, Christopher J (Oklahoma)

Attorney for Defendant

Billings, A Wayne (Oklahoma)

Donelson, Kevin R (Oklahoma)

Miller, Dane H (Oklahoma)

Shephard, C Eric (Oklahoma)

Stonecipher, Mark K (Oklahoma)

Tran, Kim A (Oklahoma)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 5:17-cv-00800	Class Action Complaint	July 26, 2017	July 26, 2017 Complaint
61 5:17-cv-00800	Order	Feb. 5, 2019	Feb. 5, 2019 Order/Opinion
187 5:17-cv-00800	Order	Sept. 30, 2021	Sept. 30, 2021 Order/Opinion 2021 WL 4487984
277 5:17-cv-00800	Order	Oct. 4, 2022	Oct. 4, 2022 Order/Opinion
310 5:17-cv-00800	Order Granting Preliminary Approval of Class Action Settlement	April 24, 2024	April 24, 2024 Order/Opinion
316 5:17-cv-00800	Final Approval Order and Judgment	Aug. 22, 2024	Aug. 22, 2024 Order/Opinion
5:17-cv-00800	Class Action Settlement Agreement		None Settlement Agreement

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6129751/casilao-v-hotelmacher-llc/

Last updated April 10, 2026, 4:48 a.m.

ECF Number	Date	Description	Link
1	July 26, 2017	COMPLAINT against Apex USA Inc, Hatelmacher LLC, Walter Schmacher, Carolyn Schumacher, Schumacher Investments LLC, Steakmacher LLC filed by Allan Garcia(on behalf of all others similary situated), Madelyn Casilao(on behalf of all others similarly situated), Harry Lincuna(on behalf of all others similarly situated), Allan Garcia(individually), Madelyn Casilao(Individually), Harry Lincuna(individually ). (Attachments: # 1 Civil Cover Sheet)(pw) (Entered: 07/27/2017)	Clearinghouse
2	July 27, 2017	Summons Issued Electronically as to Apex USA Inc, Hatelmacher LLC, Walter Schmacher, Carolyn Schumacher, Schumacher Investments LLC, Steakmacher LLC. (pw) (Entered: 07/27/2017)	RECAP
	July 27, 2017	Payment for a Civil Case
	July 27, 2017	PAYMENT FOR A CIVIL CASE Filing fee $ 400, receipt number 1087-2529410. (Henderson, Brady)
3	Aug. 2, 2017	ENTRY of Appearance by Brady R Henderson on behalf of All Plaintiffs (Henderson, Brady) (Entered: 08/02/2017)	RECAP
4	Aug. 2, 2017	DEMAND for Trial by Jury by All Plaintiffs. (Henderson, Brady) (Entered: 08/02/2017)	RECAP
5	Aug. 2, 2017	MOTION for Leave to Appear Pro Hac Vice for Mana Barari Filing fee $ 50, receipt number 1087-2532618 by All Plaintiffs. (Attachments: # 1 Attachment PHV Request Form)(Henderson, Brady) (Entered: 08/02/2017)	RECAP
6	Aug. 2, 2017	MOTION for Leave to Appear Pro Hac Vice for Caitlin Boehne Filing fee $ 50, receipt number 1087-2532625 by All Plaintiffs. (Attachments: # 1 Attachment PHV Request Form)(Henderson, Brady) (Entered: 08/02/2017)	RECAP
7	Aug. 2, 2017	MOTION for Leave to Appear Pro Hac Vice for Eben Colby Filing fee $ 50, receipt number 1087-2532629 by All Plaintiffs. (Attachments: # 1 Attachment PHV Request Form)(Henderson, Brady) (Entered: 08/02/2017)	RECAP
8	Aug. 2, 2017	MOTION for Leave to Appear Pro Hac Vice for Catherine Fisher Filing fee $ 50, receipt number 1087-2532636 by All Plaintiffs. (Attachments: # 1 Attachment PHV Request Form)(Henderson, Brady) (Entered: 08/02/2017)	RECAP
9	Aug. 2, 2017	MOTION for Leave to Appear Pro Hac Vice for Daniele Schiffman Filing fee $ 50, receipt number 1087-2532641 by All Plaintiffs. (Attachments: # 1 Attachment PHV Request Form)(Henderson, Brady) (Entered: 08/02/2017)	RECAP
10	Aug. 2, 2017	MOTION for Leave to Appear Pro Hac Vice for Adam Sleeper Filing fee $ 50, receipt number 1087-2532642 by All Plaintiffs. (Attachments: # 1 Attachment PHV Request Form)(Henderson, Brady) (Entered: 08/02/2017)	RECAP
11	Aug. 2, 2017	MOTION for Leave to Appear Pro Hac Vice for Carole Vigne Filing fee $ 50, receipt number 1087-2532643 by All Plaintiffs. (Attachments: # 1 Attachment PHV Request Form)(Henderson, Brady) (Entered: 08/02/2017)	RECAP
12	Aug. 2, 2017	MOTION for Leave to Appear Pro Hac Vice for Christopher Willett Filing fee $ 50, receipt number 1087-2532646 by All Plaintiffs. (Attachments: # 1 Attachment PHV Request Form)(Henderson, Brady) (Entered: 08/02/2017)	RECAP
13	Aug. 3, 2017	ORDER granting 5, 6, 7, 8, 9, 10, 11, and 12 Motions to Appear Pro Hac Vice; Mana Barari, Caitlin Boehne, Eben Colby, Catherine Fisher, Daniele Schiffman, Adam Sleeper, Carole Vigne, and Christopher Willett are admitted to practice before this Court for the limited purpose of participating in this case on behalf of plaintiffs, provided counsel each submits an ECF registration form and files an entry of appearance, consistent with LCvR 83.4. Signed by Honorable Vicki Miles-LaGrange on 8/3/2017. (ks) (Entered: 08/03/2017)	RECAP
14	Aug. 9, 2017	ENTRY of Appearance by Eben Colby on behalf of All Plaintiffs (Colby, Eben) (Entered: 08/09/2017)	RECAP
15	Aug. 9, 2017	ENTRY of Appearance by Catherine Fisher on behalf of All Plaintiffs (Fisher, Catherine) (Entered: 08/09/2017)	RECAP
16	Aug. 9, 2017	ENTRY of Appearance by Adam Sleeper on behalf of All Plaintiffs (Sleeper, Adam) (Entered: 08/09/2017)	RECAP
17	Aug. 9, 2017	ENTRY of Appearance by Daniele Schiffman on behalf of All Plaintiffs (Schiffman, Daniele) (Entered: 08/09/2017)	RECAP
18	Aug. 9, 2017	ENTRY of Appearance by Carole Vigne on behalf of Madelyn Casilao(on behalf of all others similarly situated), Madelyn Casilao(Individually), Allan Garcia(on behalf of all others similary situated), Allan Garcia(individually), Harry Lincuna(on behalf of all others similarly situated), Harry Lincuna(individually ) (Vigne, Carole) (Entered: 08/09/2017)	RECAP
19	Aug. 9, 2017	ENTRY of Appearance by Mana Barari on behalf of Madelyn Casilao(on behalf of all others similarly situated), Madelyn Casilao(Individually), Allan Garcia(on behalf of all others similary situated), Allan Garcia(individually), Harry Lincuna(on behalf of all others similarly situated), Harry Lincuna(individually ) (Barari, Mana) (Entered: 08/09/2017)	RECAP
20	Aug. 17, 2017	ENTRY of Appearance by Caitlin Boehne on behalf of All Plaintiffs (Boehne, Caitlin) (Entered: 08/17/2017)	RECAP
21	Aug. 17, 2017	ENTRY of Appearance by Christopher J Willett on behalf of All Plaintiffs (Willett, Christopher) (Entered: 08/17/2017)	RECAP
22	Aug. 22, 2017	ENTRY of Appearance by Kevin R Donelson on behalf of Apex USA Inc, Hotelmacher LLC, Walter Schmacher, Carolyn Schumacher, Schumacher Investments LLC, Steakmacher LLC (Donelson, Kevin) (Entered: 08/22/2017)	RECAP
23	Aug. 22, 2017	MOTION for Extension of Time to File Answer re 1 Complaint, or Otherwise Plead by Apex USA Inc, Hotelmacher LLC, Walter Schmacher, Carolyn Schumacher, Schumacher Investments LLC, Steakmacher LLC. (Donelson, Kevin) (Entered: 08/22/2017)	RECAP
24	Aug. 22, 2017	ORDER granting 23 defendants' Motion for Enlargement of Time in Which to Answer or Otherwise Plead. Defendants shall answer or otherwise plead to plaintiffs' Complaint on or before September 7, 2017. Signed by Honorable Vicki Miles-LaGrange on 8/22/2017. (ks) (Entered: 08/22/2017)	RECAP
25	Sept. 1, 2017	ENTRY of Appearance by C Eric Shephard on behalf of All Defendants (Shephard, C) (Entered: 09/01/2017)	RECAP
26	Sept. 1, 2017	ENTRY of Appearance by Kim A Tran on behalf of All Defendants (Tran, Kim) (Entered: 09/01/2017)	RECAP
27	Sept. 1, 2017	ENTRY of Appearance by A Wayne Billings on behalf of All Defendants (Billings, A) (Entered: 09/01/2017)	RECAP
28	Sept. 1, 2017	MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint by Hotelmacher LLC. (Attachments: # 1 Exhibit 1-Resignation Letter)(Donelson, Kevin) (Entered: 09/01/2017)	RECAP
29	Sept. 1, 2017	MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint by Steakmacher LLC. (Attachments: # 1 Exhibit 1-Resignation Letter)(Donelson, Kevin) (Entered: 09/01/2017)	RECAP
30	Sept. 1, 2017	MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint by Schumacher Investments LLC. (Attachments: # 1 Exhibit 1 - Resignation Letter)(Donelson, Kevin) (Entered: 09/01/2017)	RECAP
31	Sept. 1, 2017	MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint by Apex USA Inc. (Attachments: # 1 Exhibit 1-Resignation Letter)(Donelson, Kevin) (Entered: 09/01/2017)	RECAP
32	Sept. 1, 2017	MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint by Walter Schmacher. (Attachments: # 1 Exhibit 1-Resignation Letter)(Donelson, Kevin) (Entered: 09/01/2017)	RECAP
33	Sept. 1, 2017	MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint by Carolyn Schumacher. (Attachments: # 1 Exhibit 1-Resignation letter)(Donelson, Kevin) (Entered: 09/01/2017)	RECAP
34	Sept. 14, 2017	UNOPPOSED MOTION for Extension of Time to File Response/Reply To Defendants' Motions To Dismiss by Madelyn Casilao(on behalf of all others similarly situated), Madelyn Casilao(Individually), Allan Garcia(on behalf of all others similary situated), Allan Garcia(individually), Harry Lincuna(on behalf of all others similarly situated), Harry Lincuna(individually ). (Colby, Eben) (Entered: 09/14/2017)	RECAP
35	Sept. 15, 2017	MOTION to Withdraw as Attorney by All Plaintiffs. (Sleeper, Adam) (Entered: 09/15/2017)	RECAP
36	Sept. 15, 2017	ORDER granting 34 plaintiffs' Unopposed Motion for Enlargement of Time to Respond to Defendants' Motions to Dismiss. Plaintiffs shall file their responses to defendants' motions to dismiss on or before October 13, 2017. Signed by Honorable Vicki Miles-LaGrange on 9/15/2017. (ks) (Entered: 09/15/2017)	RECAP
37	Sept. 15, 2017	ORDER granting 35 Motion to Withdraw as Attorney. Attorney Adam Sleeper terminated. Signed by Honorable Vicki Miles-LaGrange on 9/15/2017. (ks) (Entered: 09/15/2017)	RECAP
38	Oct. 3, 2017	UNOPPOSED MOTION for Leave to File Excess Pages IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS by All Plaintiffs. (Barari, Mana) (Entered: 10/03/2017)	RECAP
39	Oct. 4, 2017	ORDER granting 38 plaintiffs' Unopposed Motion for Leave to File Oversized Brief in Opposition to Defendants' Motion to Dismiss. Plaintiffs' brief shall not exceed 35 pages. Signed by Honorable Vicki Miles-LaGrange on 10/4/2017. (ks) (Entered: 10/04/2017)	RECAP
40	Oct. 13, 2017	MEMORANDUM in Opposition re 33 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint, 32 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint, 30 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint, 29 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint, 28 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint, 31 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint filed by All Plaintiffs. (Colby, Eben) (Entered: 10/13/2017)	RECAP
41	Oct. 19, 2017	UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 40 Memorandum in Opposition,, by All Defendants. (Donelson, Kevin) (Entered: 10/19/2017)	RECAP
42	Oct. 23, 2017	ORDER granting 41 Defendants' Unopposed Motion for Extension of Time to File Defendants' Reply in Support of Motions to Dismiss. Defendants shall file their reply no later than November 6, 2017. Signed by Honorable Vicki Miles-LaGrange on 10/23/2017. (ks) (Entered: 10/23/2017)	RECAP
43	Nov. 3, 2017	REPLY by Defendants Apex USA Inc, Hotelmacher LLC, Walter Schmacher, Carolyn Schumacher, Schumacher Investments LLC, Steakmacher LLC re 33 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint, 32 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint, 30 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint, 29 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint, 28 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint, 31 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint Defendants' Combined Reply in Support of Motions to Dismiss and/or Strike Plaintiffs' Class Action Complaint filed by All Defendants. (Donelson, Kevin) (Entered: 11/03/2017)	RECAP
44	Nov. 6, 2017	NOTICE (other) by All Plaintiffs OF UNAVAILABILITY OF COUNSEL FOR PLAINTIFF (Barari, Mana) (Entered: 11/06/2017)	RECAP
45	Nov. 29, 2017	ENTER ORDER REASSIGNING CASE. Case reassigned to Honorable Scott L. Palk for all further proceedings. Honorable Vicki Miles-LaGrange no longer assigned to case. Entered at the direction of Honorable Vicki Miles-LaGrange on 11/29/2017. (ac) (Entered: 11/29/2017)	RECAP
46	Dec. 15, 2017	UNOPPOSED MOTION for Hearing re 33 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint, 32 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint, 30 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint, 29 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint, 28 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint, 31 MOTION to Dismiss And/Or Strike Plaintiffs' Class Action Complaint by All Plaintiffs. (Colby, Eben) (Entered: 12/15/2017)	RECAP
47	Dec. 18, 2017	ORDER denying 46 Motion for Hearing. Signed by Honorable Scott L. Palk on 12/18/2017. (md) (Main Document 47 replaced on 12/18/2017) (md). (Entered: 12/18/2017)	RECAP
48	Jan. 17, 2018	MOTION to Withdraw as Attorney by All Plaintiffs. (Schiffman, Daniele) (Entered: 01/17/2018)	RECAP
49	Jan. 18, 2018	ORDER granting 48 Motion to Withdraw as Attorney. Attorney Daniele Schiffman terminated. Signed by Honorable Scott L. Palk on 1/18/2018. (md) (Entered: 01/18/2018)	RECAP
50	Feb. 23, 2018	ORDER that within seven days of the date of this Order, Defendants Hotelmacher, LLC, Steakmacher, LLC and Shumacher Investments, LLC shall file their disclosure statements as more fully set forth herein. Signed by Honorable Scott L. Palk on 2/23/2018. (md) (Entered: 02/23/2018)	RECAP
51	March 2, 2018	DISCLOSURE STATEMENT - LLC by Hotelmacher LLC . (Donelson, Kevin) (Entered: 03/02/2018)	RECAP
52	March 2, 2018	DISCLOSURE STATEMENT - LLC by Steakmacher LLC . (Donelson, Kevin) (Entered: 03/02/2018)	RECAP
53	March 2, 2018	DISCLOSURE STATEMENT - LLC by Schumacher Investments LLC . (Donelson, Kevin) (Entered: 03/02/2018)	RECAP
54	June 15, 2018	MOTION for Discovery And Opening Brief by All Plaintiffs. (Fisher, Catherine) (Entered: 06/15/2018)	RECAP
55	July 6, 2018	RESPONSE in Opposition re 54 MOTION for Discovery And Opening Brief filed by Apex USA Inc, Hotelmacher LLC, Walter Schmacher, Carolyn Schumacher, Schumacher Investments LLC, Steakmacher LLC. (Tran, Kim) (Entered: 07/06/2018)	RECAP
56	July 18, 2018	ORDER denying 54 Motion for Discovery. Signed by Honorable Scott L. Palk on 7/18/2018. (md) (Entered: 07/18/2018)	RECAP
57	Nov. 20, 2018	MOTION to Withdraw as Attorney for Defendants by Kim Tran by All Defendants. (Tran, Kim) (Entered: 11/20/2018)	RECAP
58	Nov. 26, 2018	ORDER granting 57 Motion to Withdraw as Attorney. Attorney Kim A Tran terminated. Signed by Honorable Scott L. Palk on 11/26/2018. (md) (Entered: 11/26/2018)	RECAP
59	Jan. 25, 2019	NOTICE (other) by All Defendants of Settlement with U.S. Department of Labor (Donelson, Kevin) (Entered: 01/25/2019)	RECAP
60	Feb. 1, 2019	NOTICE (other) by All Defendants re 59 Notice (other) Supplemental Notice to Court (Attachments: # 1 Exhibit 1 - 1-28-19 US DOL Final Decision and Order)(Donelson, Kevin) (Entered: 02/01/2019)	RECAP
61	Feb. 5, 2019	ORDER denying 28 Motion to Dismiss; denying 29 Motion to Dismiss; denying 30 Motion to Dismiss; granting in part and denying in part 31 Motion to Dismiss; denying 32 Motion to Dismiss; denying 33 Motion to Dismiss all as more fully set forth herein. Signed by Honorable Scott L. Palk on 2/5/2019. (md) (Entered: 02/05/2019)	Clearinghouse
62	Feb. 6, 2019	NOTICE (other) by All Defendants re 60 Notice (other), 61 Order on Motion to Dismiss,,,,,,,,,,, 59 Notice (other) Second Supplemental Notice to Court (Donelson, Kevin) (Entered: 02/06/2019)	RECAP
63	Feb. 8, 2019	RESPONSE re 60 Notice (other), 62 Notice (other), 59 Notice (other) filed by All Plaintiffs. (Fisher, Catherine) (Entered: 02/08/2019)	RECAP
64	Feb. 19, 2019	ANSWER to Complaint Defendants' Answer to Plaintiffs' Class Action Complaint by Apex USA Inc, Hotelmacher LLC, Walter Schmacher, Carolyn Schumacher, Schumacher Investments LLC, Steakmacher LLC.(Donelson, Kevin) (Entered: 02/19/2019)	RECAP
65	Feb. 20, 2019	STATUS/SCHEDULING CONFERENCE DOCKET: Scheduling Conference set for 3/27/2019 10:45 AM in Courtroom 304 before Honorable Scott L. Palk. Status Report due by 3/20/2019. (md) (Entered: 02/20/2019)	RECAP
66	March 15, 2019	AMENDED STATUS/SCHEDULING CONFERENCE DOCKET: Scheduling Conference set for 4/8/2019 10:45 AM in Chambers before Honorable Scott L. Palk. Status Report due by 3/20/2019. (md) (Entered: 03/15/2019)	RECAP
67	March 19, 2019	ENTRY of Appearance by Jill E Webb on behalf of All Plaintiffs (Webb, Jill) (Entered: 03/19/2019)	RECAP
68	March 20, 2019	JOINT STATUS REPORT AND DISCOVERY PLAN by Plaintiffs Madelyn Casilao, Madelyn Casilao, Allan Garcia, Allan Garcia, Harry Lincuna, Harry Lincuna. (Fisher, Catherine) (Entered: 03/20/2019)	RECAP
69	April 8, 2019	MOTION for Leave to Appear Pro Hac Vice for Rebecca Eisenbrey Filing fee $ 50, receipt number 1087-2897366 by All Plaintiffs. (Attachments: # 1 Attachment Pro Hac Vice Application)(Henderson, Brady) (Entered: 04/08/2019)	RECAP
70	April 8, 2019	ORDER granting 69 Motion to Appear Pro Hac Vice. Signed by Honorable Scott L. Palk on 4/8/2019. (md) (Entered: 04/08/2019)	RECAP
71	April 8, 2019	ENTER ORDER A Status Conference was held in this case on April 8, 2019. Caitlin Boehne and Rebecca Eisenbrey appeared for Plaintiffs and A. Wayne Billings and C. Eric Shephard appeared for Defendants. Counsel was instructed to submit to the Court within 7 days, a proposed scheduling order consistent with the Judges instructions at the Status Conference. The proposed scheduling order should be submitted in Word format to: palk-orders@okwd.uscourts.gov. Signed by Honorable Scott L. Palk on 4/8/2019. (md) (Main Document 71 replaced on 4/8/2019) (md). (Entered: 04/08/2019)	RECAP
72	April 16, 2019	SCHEDULING ORDER: Motion for class certification due 4/17/20; Response to motion for class certification due 5/15/20; Reply due 5/29/20 all as more fully set forth herein. Entered at the direction of the Honorable Scott L. Palk on 4/16/19. (md) (Entered: 04/16/2019)	RECAP
73	Aug. 16, 2019	JOINT MOTION for Protective Order by All Plaintiffs. (Fisher, Catherine) (Entered: 08/16/2019)	RECAP
74	Aug. 19, 2019	ORDER granting 73 Motion for Protective Order. Signed by Honorable Scott L. Palk on 8/19/2019. (md) (Entered: 08/19/2019)	RECAP
75	Sept. 26, 2019	ENTRY of Appearance by Megan E Lambert on behalf of All Plaintiffs (Lambert, Megan) (Entered: 09/26/2019)	RECAP
76	Oct. 2, 2019	ENTRY of Appearance by Rebecca C Eisenbrey on behalf of All Plaintiffs (Eisenbrey, Rebecca) (Entered: 10/02/2019)	RECAP
77	Nov. 6, 2019	NOTICE of Subpoena by All Plaintiffs (Eisenbrey, Rebecca) (Entered: 11/06/2019)	RECAP
78	Dec. 30, 2019	MOTION for Leave to Appear Pro Hac Vice for George Warner Filing fee $ 50, receipt number 1087-3064183 by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Warner PHV Request Form)(Lambert, Megan) (Entered: 12/30/2019)	RECAP
79	Dec. 31, 2019	ORDER granting 78 Motion to Appear Pro Hac Vice of George Warner. Signed by Honorable Scott L. Palk on 12/31/2019. (md) (Entered: 12/31/2019)	RECAP
80	Dec. 31, 2019	MOTION to Compel by Walter Schmacher. (Attachments: # 1 Exhibit 1 - Casilao's Answer to Interrogatory #2, # 2 Exhibit 2 - Lincuna's Answer to Interrogatory #2, # 3 Exhibit 3 - Garcia's Answer to Interrogatory #2)(Shephard, C) (Entered: 12/31/2019)	RECAP
81	Jan. 2, 2020	NOTICE OF HEARING ON MOTION 80 MOTION to Compel : Motion Hearing set for 2/6/2020 02:00 PM in Courtroom 304 before Honorable Scott L. Palk. (md) (Entered: 01/02/2020)	RECAP
82	Jan. 2, 2020	ENTRY of Appearance by George A Warner on behalf of All Plaintiffs (Warner, George) (Entered: 01/02/2020)	RECAP
83	Jan. 3, 2020	UNOPPOSED MOTION to Withdraw as Attorney as to Mana Barari by All Plaintiffs. (Vigne, Carole) (Entered: 01/03/2020)	RECAP
84	Jan. 6, 2020	ORDER granting 83 Motion to Withdraw as Attorney. Attorney Mana Barari terminated. Signed by Honorable Scott L. Palk on 1/6/20. (md) (Entered: 01/06/2020)	RECAP
85	Jan. 21, 2020	CROSS MOTION for Protective Order by All Plaintiffs. (Boehne, Caitlin) (Entered: 01/21/2020)	RECAP
86	Jan. 21, 2020	MEMORANDUM in Opposition re 80 MOTION to Compel filed by All Plaintiffs. (Boehne, Caitlin) (Entered: 01/21/2020)	RECAP
87	Jan. 22, 2020	ORDER re 85 CROSS MOTION for Protective Order filed by Madelyn Casilao, Allan Garcia, Harry Lincuna. Defendants are directed to respond to the Motion on or before January 29, 2020. Signed by Honorable Scott L. Palk on 1/22/2020. (md) (Entered: 01/22/2020)	RECAP
88	Jan. 22, 2020	MEMORANDUM in Opposition re 80 MOTION to Compel and in Support of Cross Motion for Protective Order filed by All Plaintiffs. (Attachments: # 1 Exh 1 - Casilao Resp Disc, # 2 Exh 2 - Lincuna Resp Disc, # 3 Exh 3 - Garcia Resp Disc)(Boehne, Caitlin) (Entered: 01/22/2020) 1 Exh 1 - Casilao Resp Disc View on PACER 2 Exh 2 - Lincuna Resp Disc View on PACER 3 Exh 3 - Garcia Resp Disc View on PACER	RECAP
	Jan. 22, 2020	Notice from the Court
	Jan. 22, 2020	NOTICE FROM THE COURT 86 Memorandum in Opposition STRICKEN due to Counsel's failure to comply with ECF Policies & Procedures Manual, Section II.A.4.a. Counsel is directed to refile. (md)
89	Jan. 23, 2020	JOINT MOTION for Extension of Time (Motion To Modify Scheduling Order) by All Plaintiffs. (Fisher, Catherine) (Entered: 01/23/2020)	RECAP
90	Jan. 29, 2020	ORDER denying 89 Joint Motion to Modify Scheduling Order as more fully set forth herein.. Signed by Honorable Scott L. Palk on 1/29/2020. (md) (Entered: 01/29/2020)	RECAP
91	Jan. 29, 2020	REPLY to Response to Motion re 80 MOTION to Compel filed by Walter Schmacher. (Shephard, C) (Entered: 01/29/2020)	RECAP
92	Jan. 29, 2020	RESPONSE in Opposition re 85 CROSS MOTION for Protective Order filed by Walter Schmacher. (Shephard, C) (Entered: 01/29/2020)	RECAP
93	Jan. 30, 2020	NOTICE to Take Deposition of Allan Garcia by All Defendants. (Shephard, C) (Entered: 01/30/2020)	RECAP
94	Jan. 30, 2020	NOTICE to Take Deposition of Harry Lincuna by All Defendants. (Shephard, C) (Entered: 01/30/2020)	RECAP
95	Jan. 30, 2020	NOTICE to Take Deposition of Madelyn Casilao by All Defendants. (Shephard, C) (Entered: 01/30/2020)	RECAP
96	Feb. 4, 2020	ORDER denying 80 Motion to Compel; granting 85 Motion for Protective Order as more fully set forth herein. The hearing in this matter scheduled for February 6, 2020 is STRICKEN. Signed by Honorable Scott L. Palk on 2/4/2020. (md) (Entered: 02/04/2020)	RECAP

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Case Details

State / Territory:

Oklahoma

Case Type(s):

Immigration and/or the Border

Labor Rights

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: July 26, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Filipino nationals who obtained H-2B visas from January 1, 2008 through December 31, 2014, who worked for Defendants upon arrival in the United States.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Non-profit or advocacy

APEX USA Inc.

Private Entity/Person

Hotelmacher LLC

Schumacher Investments, LLC

Steakmacher LLC

Defendant Type(s):

Movie Theater or Other Entertainment facility

Restaurant

Case Details

Causes of Action:

Trafficking Victims Protection Act (TVPA), 18 U.S.C. § 1589

Other Dockets:

Western District of Oklahoma 5:17-cv-00800

Available Documents:

Any published opinion

Complaint (any)

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Conditional Dismissal

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 730000

Issues

General/Misc.:

Forced labor

Affected Race(s):

Asian/Pacific Islander

Immigration/Border:

Employer sanctions

Employment

Temporary foreign workers program

Recommended Citation

Case Summary of Casilao v. Hotelmacher LLC, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/45638/ (last updated 3/27/2025).