University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Belue v. Wayne Farms, LLC EE-AL-0119
Docket / Court 4:06-cv-02095 ( N.D. Ala. )
State/Territory Alabama
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Case Summary
On October 18, 2006, several then and former employees of the defendant's Albertville, Alabama facility filed a lawsuit against the defendant under the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. §§ 201 et seq. in the U.S. District Court for the Northern District of Alabama, Middle ... read more >
On October 18, 2006, several then and former employees of the defendant's Albertville, Alabama facility filed a lawsuit against the defendant under the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. §§ 201 et seq. in the U.S. District Court for the Northern District of Alabama, Middle Division. The plaintiffs, represented by private counsel, brought this class action seeking damages and injunctive relief for violations of the FLSA. Specifically, plaintiffs claim the company failed to account for all compensable time of its employees, including time spent clearing security and time walking to and from security to donning and doffing areas.

On June 7, 2007, the District Court (Judge R. David Proctor) ordered the case stayed because the court had received Defendant's Notice of Motion to Transfer and Consolidate for Pretrial Proceedings to the Judicial Panel on Multidistrict Litigation.

On November 5, 2007, the U.S. Judicial Panel on Multidistrict Litigation ordered that the case be transferred to the Southern District of Mississippi. The following development is included in our database at EE-MS-0060.

Kunyi Zhang - 06/01/2010


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Issues and Causes of Action
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Issues
Discrimination-area
Pay / Benefits
Plaintiff Type
Private Plaintiff
Causes of Action Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219
Defendant(s) WAYNE FARMS, LLC
Plaintiff Description Plaintiffs are current and former employees of defendant at its Albertville facility.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Unknown
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing No
Case Listing EE-MS-0060 : BELUE v. WAYNE FARMS, LLC (S.D. Miss.)
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
4:06-cv-2095 (N.D. Ala.) 11/09/2007
EE-AL-0119-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 10/18/2006
EE-AL-0119-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint 02/15/2007
EE-AL-0119-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulated Discovery and Protective Order 03/06/2007 (N.D. Ala.)
EE-AL-0119-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 06/07/2007 (N.D. Ala.)
EE-AL-0119-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Transfer Order 11/09/2007
EE-AL-0119-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Heyburn, John Gilpin II (W.D. Ky.)
EE-AL-0119-0005
Proctor, R. David (N.D. Ala.)
EE-AL-0119-0003 | EE-AL-0119-0004 | EE-AL-0119-9000
Monitors/Masters None on record
Plaintiff's Lawyers Camp, Robert J. (Alabama)
EE-AL-0119-0002 | EE-AL-0119-9000
Cherry, Samuel A. Jr. (Alabama)
EE-AL-0119-0001 | EE-AL-0119-0002 | EE-AL-0119-9000
Lane, Joseph D. (Alabama)
EE-AL-0119-0001 | EE-AL-0119-9000
Nomberg, Bernard D. (Alabama)
EE-AL-0119-0002 | EE-AL-0119-9000
Swanner, Lance H. (Alabama)
EE-AL-0119-0001 | EE-AL-0119-0002 | EE-AL-0119-9000
Defendant's Lawyers None on record
Other Lawyers None on record

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