Case: Davis v. General Mills Operations, LLC

COMPLAINT with Jury Demand (Filing fee $405, receipt number AGANDC-13475102) filed by Donald Outlaw, Joe Davis, Devahn Jefferson, Keith McClinton, Naaman Smith, Gary Davis, E.J. Rivers, Justin Harris. (Attachments: # 1 Civil Cover Sheet)(ajw) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 06/03/2024)

1 Civil Cover Sheet

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NOTICE Of Filing Civil Cover Sheet by Gary Davis, Joe Davis, Justin Harris, Devahn Jefferson, Keith McClinton, Donald Outlaw, E.J. Rivers (Dean, Douglas) (Entered: 06/04/2024)

NOTICE of Appearance by Linda Carpenter on behalf of Gary Davis, Joe Davis, Justin Harris, Devahn Jefferson, Keith McClinton, Donald Outlaw, E.J. Rivers, Naaman Smith (Carpenter, Linda) (Entered: 06/10/2024)

NOTICE of Appearance by Sharon Leah Neal on behalf of Gary Davis, Joe Davis, Justin Harris, Devahn Jefferson, Keith McClinton, Donald Outlaw, E.J. Rivers, Naaman Smith (Neal, Sharon) (Entered: 06/10/2024)

NOTICE Of Filing Summons by Gary Davis, Joe Davis, Justin Harris, Devahn Jefferson, Keith McClinton, Donald Outlaw, E.J. Rivers, Naaman Smith (Dean, Douglas) (Entered: 07/15/2024)

Electronic Summons Issued as to General Mills Operations, LLC. (bmr) (Entered: 07/16/2024)

Joint Certificate of Interested Persons and Corporate Disclosure Statement by General Mills Operations, LLC identifying Corporate Parent General Mills, Inc. for General Mills Operations, LLC. (Lawrence, Allegra) (Entered: 08/07/2024)

Consent MOTION for Extension of Time to File Answer re 1 Complaint, by General Mills Operations, LLC. (Attachments: # 1 Text of Proposed Order)(Lawrence, Allegra) (Entered: 08/07/2024)

ORDER by docket entry only granting 8 Motion for Extension of Time to Answer. General Mills Operations, LLC's Answer or other response is due 9/6/2024. Signed by Magistrate Judge John K. Larkins, III on 08/08/2024. (lg)

Joint MOTION for Extension of Time For Parties to Submit Local Rule 23.1(C) Report by General Mills Operations, LLC. (Attachments: # 1 Text of Proposed Order)(Lawrence, Allegra) (Entered: 08/20/2024)

ORDER granting 9 Joint MOTION for Extension of Time For Parties to Submit Local Rule 23.1(C) Report. The parties must submit the Local Rule 23.1(C) Report by August 30, 2024. Signed by Magistrate Judge John K. Larkins, III on this 20th day of August, 2024. (pdt) (Entered: 08/20/2024)

First AMENDED COMPLAINT against All Defendants with Jury Demand filed by Donald Outlaw, Devahn Jefferson, Gary Davis, E.J. Rivers, Joe Davis, Keith McClinton, Naaman Smith, Justin Harris, Mario Floyd, Ken Harris, Rakia Levesque, Darrius Edge, Rick Childs, Laquanda Turner, Melvin Drew, Samuel Mayhan.(Dean, Douglas) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 08/21/2024)

Consent MOTION for Extension of Time to File Answer re 11 Amended Complaint,, by General Mills Operations, LLC. (Attachments: # 1 Text of Proposed Order)(Lawrence, Allegra) (Entered: 08/28/2024)

ORDER by docket entry only granting 12 Motion for Extension of Time to Answer. General Mills Operations, LLC's answer or other response is due 10/7/2024. Signed by Magistrate Judge John K. Larkins, III on 08/28/2024. (lg)

Joint MOTION for Extension of Time For Parties to Submit Local Rule 23.1(C) Report by General Mills Operations, LLC. (Attachments: # 1 Text of Proposed Order)(Lawrence, Allegra) (Entered: 08/29/2024)

ORDER by docket entry only granting 13 Motion for Extension of Time. The parties' Local Rule 23.1(C) Report is due 9/13/2024. Signed by Magistrate Judge John K. Larkins, III on 08/29/2024. (lg)

Joint MOTION for Extension of Time to Brief Class Cert and Meet Other Deadlines Pending Ruling on Motion to Dismiss with Brief In Support by Rick Childs, Gary Davis, Joe Davis, Melvin Drew, Darrius Edge, Mario Floyd, Justin Harris, Ken Harris, Devahn Jefferson, Rakia Levesque, Samuel Mayhan, Keith McClinton, Donald Outlaw, E.J. Rivers, Naaman Smith, Laquanda Turner. (Attachments: # 1 Text of Proposed Order)(Dean, Douglas) (Entered: 09/02/2024)

ORDER granting 14 Joint MOTION for Extension of Time to Brief Class Cert and Meet Other Deadlines Pending Ruling on Defendant's Partial Motion to Dismiss. Signed by Magistrate Judge John K. Larkins, III on this 3rd day of September, 2024. (pdt) (Entered: 09/03/2024)

NOTICE by Rick Childs, Gary Davis, Joe Davis, Melvin Drew, Darrius Edge, Mario Floyd, Justin Harris, Ken Harris, Devahn Jefferson, Rakia Levesque, Samuel Mayhan, Keith McClinton, Donald Outlaw, E.J. Rivers, Naaman Smith, Laquanda Turner Joint 23.1(C) Report Re: Putative Class Communications (Attachments: # 1 Text of Proposed Order)(Dean, Douglas) (Entered: 09/13/2024)

MOTION to Dismiss Under Federal Rules 12(b)(1) and 12(b)(2), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Under Federal Rule 12(b)(6) with Brief In Support by General Mills Operations, LLC. (Attachments: # 1 Brief in Support of Motion to Dismiss Lawsuit)(Lawrence, Allegra) (Entered: 09/24/2024)

Joint MOTION for Extension of Time to Brief Pending Motion to Dismiss re: 17 MOTION to Dismiss Under Federal Rules 12(b)(1) and 12(b)(2) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Under Federal Rule 12(b)(6) by Rick Childs, Gary Davis, Joe Davis, Melvin Drew, Darrius Edge, Mario Floyd, Justin Harris, Ken Harris, Devahn Jefferson, Rakia Levesque, Samuel Mayhan, Keith McClinton, Donald Outlaw, E.J. Rivers, Naaman Smith, Laquanda Turner. (Attachments: # 1 Text of Proposed Order)(Dean, Douglas) (Entered: 10/07/2024)

ORDER by docket entry GRANTING the Parties' Joint Motion to Extend Motion to Dismiss Briefing Deadlines [Doc. 18.] Plaintiffs shall have up to and including November 15, 2024, to file their response to the pending motion to dismiss [Doc. 17]. Defendant shall have up to and including December 18, 2024, to file a reply. The Court is not inclined to grant further extensions of these deadlines, absent very good cause shown. Signed by Magistrate Judge John K. Larkins, III on 10/7/24. (JKL)

NOTICE by Donald Outlaw, E.J. Rivers, Naaman Smith, Gary Davis, Joe Davis, Justin Harris, Mario Floyd, Ken Harris, Rakia Levesque, Darrius Edge, Rick Childs, Laquanda Turner, Melvin Drew, Samuel Mayhan, Devahn Jefferson, Keith McClinton re 17 MOTION to Dismiss Under Federal Rules 12(b)(1) and 12(b)(2) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Under Federal Rule 12(b)(6) DECLARATION OF TECHNICAL DIFFICULTIES (Attachments: # 1 Exhibit Email to Court and Counsel of Record, # 2 Exhibit Miscellaneous Emails, # 3 Exhibit Plaintiffs' Brief in Opposition to Defendant's Motion to Dismiss, # 4 Exhibit Plaintiffs' Motion for Leave to File Second Amended Complaint, # 5 Exhibit Ex A to Motion for Leave: Proposed Second Amended Complaint)(Dean, Douglas) (Entered: 11/17/2024)

MOTION for Leave to File Second Amended Complaint with Brief In Support by Donald Outlaw, E.J. Rivers, Naaman Smith, Gary Davis, Joe Davis, Justin Harris, Mario Floyd, Ken Harris, Rakia Levesque, Darrius Edge, Rick Childs, Laquanda Turner, Melvin Drew, Samuel Mayhan, Devahn Jefferson, Keith McClinton. (Attachments: # 1 Exhibit A: Proposed Second Amended Complaint)(Dean, Douglas) (Entered: 11/18/2024)

RESPONSE in Opposition re 17 MOTION to Dismiss Under Federal Rules 12(b)(1) and 12(b)(2) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Under Federal Rule 12(b)(6) filed by Donald Outlaw, E.J. Rivers, Naaman Smith, Gary Davis, Joe Davis, Justin Harris, Mario Floyd, Ken Harris, Rakia Levesque, Darrius Edge, Rick Childs, Laquanda Turner, Melvin Drew, Samuel Mayhan, Devahn Jefferson, Keith McClinton. (Dean, Douglas) (Entered: 11/18/2024)

ORDER: On November 17, 2024, Plaintiffs filed a notice that they were unable to timely file their opposition to the pending motion to dismiss, along with a motion for leave to file a second amended complaint, because of technical issues on November 15, the date of the deadline. [Doc. 19 .] The Court notes that the CM/ECF system was unavailable from the evening of November 15 to 16 for an IT update. Plaintiffs have since filed the opposition and the motion. [Docs. 20, 21 .] To avoid ambiguity, the Court notes here that it accepts the late filing and the deadline to reply (or respond to the motion) will be fourteen (14) days from today, rather than from Friday. Signed by Magistrate Judge John K. Larkins, III on 11/18/2024. (tcc) Modified on 11/18/2024 (tcc). (Entered: 11/18/2024)

Joint MOTION for Extension of Time to Respond to Plaintiffs' Motion for Leave to Amend with Brief In Support by General Mills Operations, LLC. (Attachments: # 1 Text of Proposed Order Granting Joint Motion to Extend Defendant's Deadline to Respond to Plaintiffs' Motion for Leave to Amend)(Lawrence, Allegra) (Entered: 11/20/2024)

ORDER by docket entry only granting 23 Motion for Extension of Time. Defendant's response to the motion for leave to amend is due 12/18/2024. Signed by Magistrate Judge John K. Larkins, III on 11/20/2024. (lg)

REPLY to Response to Motion re 17 MOTION to Dismiss Under Federal Rules 12(b)(1) and 12(b)(2) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Under Federal Rule 12(b)(6) filed by General Mills Operations, LLC. (Lawrence, Allegra) (Entered: 12/18/2024)

RESPONSE in Opposition re 20 MOTION for Leave to File Second Amended Complaint filed by General Mills Operations, LLC. (Lawrence, Allegra) (Entered: 12/18/2024)

MOTION for Order on the Parties' Local Rule 23.1(C) Joint Report with Brief In Support by General Mills Operations, LLC. (Attachments: # 1 Brief)(Lawrence, Allegra) (Entered: 12/20/2024)

Submission of 17 MOTION to Dismiss Under Federal Rules 12(b)(1) and 12(b)(2) and MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Under Federal Rule 12(b)(6) to Magistrate Judge John K. Larkins. (pdt)

ORDER granting 26 MOTION for Order on the Parties' Local Rule 23.1(C) Joint Report. Signed by Magistrate Judge John K. Larkins, III on this 2nd day of January, 2025. (pdt) (Entered: 01/02/2025)

REPLY to Response to Motion re 20 MOTION for Leave to File Second Amended Complaint filed by Donald Outlaw, E.J. Rivers, Naaman Smith, Gary Davis, Joe Davis, Justin Harris, Mario Floyd, Ken Harris, Rakia Levesque, Darrius Edge, Rick Childs, Laquanda Turner, Melvin Drew, Samuel Mayhan, Devahn Jefferson, Keith McClinton. (Dean, Douglas) (Entered: 01/02/2025)

Submission of 20 MOTION for Leave to File Second Amended Complaint to Magistrate Judge John K. Larkins. (jpk)

ORDER. Plaintiffs' 20 Motion for Leave to Amend is GRANTED. The Clerk is DIRECTED to docket the proposed second amended complaint as the operative complaint in this action. The 17 Motion to Dismiss is DEEMED MOOT without prejudice. Signed by Magistrate Judge John K. Larkins, III on this 6th day of January, 2025. (pdt) (Entered: 01/07/2025)

SECOND AMENDED COMPLAINT against General Mills Operations, LLC with Jury Demand filed by Donald Outlaw, Darrius Edge, Devahn Jefferson, Rakia Levesque, Samuel Mayhan, Gary Davis, Rick Childs, E.J. Rivers, Laquanda Turner, Joe Davis, Mario Floyd, Keith McClinton, Naaman Smith, Ken Harris, Melvin Drew, and Justin Harris. (pdt) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 01/07/2025)

NOTICE by General Mills Operations, LLC of Attorney's Change of Address and Law Firm Affiliation (Lawrence, Allegra) (Entered: 01/23/2025)

NOTICE by General Mills Operations, LLC of Attorney's Change of Address and Law Firm Affiliation (Tandy, Lovita) (Entered: 01/23/2025)

NOTICE by General Mills Operations, LLC of Attorney's Change of Address and Law Firm Affiliation (Kendricks, Katherine) (Entered: 01/23/2025)

MOTION for Leave to File Exhibit to Forthcoming Motion to Dismiss with Brief In Support by General Mills Operations, LLC. (Attachments: # 1 Text of Proposed Order Granting Motion for Leave to File Exhibit)(Lawrence, Allegra) (Entered: 01/31/2025)

Joint MOTION for Order with Brief In Support by General Mills Operations, LLC. (Attachments: # 1 Text of Proposed Order Omnibus Case Management Consent Order)(Lawrence, Allegra) (Entered: 01/31/2025)

OMNIBUS CASE MANAGEMENT CONSENT ORDER. Before the Court is the parties' joint motion for their proposed omnibus case management consent order. For good cause shown and in the interests of judicial economy, the preservation of resources, and efficient case management, the Court GRANTS the parties' joint motion and hereby ORDERS: (See order for details.) Signed by Magistrate Judge John K. Larkins, III on 2/3/2025. (bgt) (Entered: 02/03/2025)

ORDER granting 34 Motion for leave to file an exhibit to its forthcoming motion to dismiss the Second Amended Complaint. The motion is GRANTED without prejudice to Plaintiffs' ability to seek a reasonable page extension, should one be necessary. Signed by Magistrate Judge John K. Larkins, III on 2/3/2025. (bgt) (Entered: 02/03/2025)

Request for Leave of Absence for the following date(s): April 7, 2025 through April 11, 2025 and June 2, 2025 through June 20, 2025, by Allegra J. Lawrence. (Lawrence, Allegra) (Entered: 03/14/2025)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by General Mills Operations, LLC. (Attachments: # 1 Brief in Support of Defendant's Motion to Dismiss, # 2 Exhibit A - Tables, # 3 Exhibit B - Charges of Discrimination)(Lawrence, Allegra) (Entered: 03/18/2025)

SECOND OMNIBUS CASE MANAGEMENT CONSENT ORDER. Before the Court is the parties' joint motion for their second proposed omnibus case management consent order. For good cause shown and in the interests of judicial economy, the preservation of resources, and efficient case management, the Court GRANTS the parties' joint motion and hereby ORDERS: (See order for details.) Signed by Magistrate Judge John K. Larkins, III on 3/31/2025. (bgt) Modified docket text on 4/1/2025 (bgt). (Entered: 03/31/2025)

MOTION for Leave to File Exhibit to Forthcoming MTD Response Brief by Rick Childs, Gary Davis, Joe Davis, Melvin Drew, Darrius Edge, Mario Floyd, Justin Harris, Ken Harris, Devahn Jefferson, Rakia Levesque, Samuel Mayhan, Keith McClinton, Donald Outlaw, E.J. Rivers, Naaman Smith, Laquanda Turner. (Attachments: # 1 Text of Proposed Order)(Dean, Douglas) (Entered: 04/13/2025)

ORDER granting 41 MOTION for Leave to File Exhibit. Signed by Magistrate Judge John K. Larkins, III on this 14th day of April, 2025. (pdt) (Entered: 04/14/2025)

RESPONSE in Opposition re 39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Rick Childs, Gary Davis, Joe Davis, Melvin Drew, Darrius Edge, Mario Floyd, Justin Harris, Ken Harris, Devahn Jefferson, Rakia Levesque, Samuel Mayhan, Keith McClinton, Donald Outlaw, E.J. Rivers, Naaman Smith, Laquanda Turner. (Attachments: # 1 Exhibit A: Counter Charts)(Dean, Douglas) (Entered: 04/17/2025)

REPLY BRIEF re 39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by General Mills Operations, LLC. (Lawrence, Allegra) (Entered: 05/19/2025)

Submission of 39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to Magistrate Judge John K. Larkins. (jpk)

NON-FINAL REPORT AND RECOMMENDATION RECOMMENDING that the re 30 Second Amended Complaint be DISMISSED WITHOUT PREJUDICE and direct Plaintiffs to file an amended complaint that addresses the defects identified in this report and recommendation. Signed by Magistrate Judge John K. Larkins, III on this 8th day of October, 2025. (pdt) (Entered: 10/08/2025)

ORDER for Service of 45 Report and Recommendation by Magistrate Judge John K. Larkins, III. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge John K. Larkins, III on this 8th day of October, 2025. (pdt) (Entered: 10/08/2025)

Consent MOTION for Extension of Time to File R&R Objections by Rick Childs, Gary Davis, Joe Davis, Melvin Drew, Darrius Edge, Mario Floyd, Justin Harris, Ken Harris, Devahn Jefferson, Rakia Levesque, Samuel Mayhan, Keith McClinton, Donald Outlaw, E.J. Rivers, Naaman Smith, Laquanda Turner. (Attachments: # 1 Text of Proposed Order)(Dean, Douglas) (Entered: 10/15/2025)

ORDER granting Consent MOTION for Extension of Time to File R&R Objections. The parties have thirty (30) days from the issuance of the R&Rs to file objections. In other words, all R&R objections will be due on or before November 7, 2025. The parties will have thirty days from the date any R&R objection is filed to submit a response thereto. Signed by Judge Michael L. Brown on this 15th day of October, 2025. (pdt) (Entered: 10/16/2025)

Consent MOTION for Extension of Time to File R&R Objections & Responses Thereto re: 45 REPORT AND RECOMMENDATION re 30 Amended Complaint,, filed by Samuel Mayhan, Naaman Smith, Donald Outlaw, Rakia Levesque, E.J. Rivers, Rick Childs, Devahn Jefferson, Justin Harris, Ken Harris, Melvin Drew, Darrius Edge, Gary Davis, Mari by Rick Childs, Gary Davis, Joe Davis, Melvin Drew, Darrius Edge, Mario Floyd, Justin Harris, Ken Harris, Devahn Jefferson, Rakia Levesque, Samuel Mayhan, Keith McClinton, Donald Outlaw, E.J. Rivers, Naaman Smith, Laquanda Turner. (Attachments: # 1 Text of Proposed Order)(Dean, Douglas) (Entered: 11/04/2025)

ORDER (by docket entry only) denying the (49) Second Consent Motion for Extension of Time to File R&R Objections and Responses. Ordered by Judge Michael L. Brown on 11/4/2025. (jpk)

OBJECTIONS to 45 Report and Recommendation filed by Rick Childs, Gary Davis, Joe Davis, Melvin Drew, Darrius Edge, Mario Floyd, Justin Harris, Ken Harris, Devahn Jefferson, Rakia Levesque, Samuel Mayhan, Keith McClinton, Donald Outlaw, E.J. Rivers, Naaman Smith, Laquanda Turner. (Dean, Douglas) (Entered: 11/07/2025)

NOTICE of Filing Supplemental Authority by Rick Childs, Gary Davis, Joe Davis, Melvin Drew, Darrius Edge, Mario Floyd, Justin Harris, Ken Harris, Devahn Jefferson, Rakia Levesque, Samuel Mayhan, Keith McClinton, Donald Outlaw, E.J. Rivers, Naaman Smith, Laquanda Turner (Attachments: # 1 Exhibit 1: Ismael v. Roundtree)(Dean, Douglas) (Entered: 12/08/2025)

REPLY to Objection to Report and Recommendation re 50 Objections to Report and Recommendation, filed by General Mills Operations, LLC. (Kendricks, Katherine) (Entered: 12/08/2025)

Submission of 45 REPORT AND RECOMMENDATION and 39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to District Judge Michael L. Brown. (jpk)

RESPONSE re 51 Notice of Filing, of Supplemental Authority filed by General Mills Operations, LLC. (Kendricks, Katherine) (Entered: 12/10/2025)

ORDER. The Court OVERRULES Plaintiffs' 50 objections, ADOPTS the R&R's 45 analysis, ORDERS repleader no later than 45 days from the date of this Order, and DENIES AS MOOT Defendant's 39 motion to dismiss in the light of the forthcoming amended complaint. Failure to replead timely or replead consistent with this Orders instructions may result in sanctions, including dismissal with prejudice. Signed by Judge Michael L. Brown on 3/27/2026. (bgt) (Entered: 03/27/2026)

ORDER (by docket entry only): The Court sets an in-person hearing for 4/22/2026 at 11:00 AM in ATLA Courtroom 1906 before Judge Michael L. Brown. The purpose of the hearing is to discuss the prior pleading issues and the status of the cases. Ordered by Judge Michael L. Brown on 3/27/2026. (jpk)