University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Morales v. Terra Universal Inc. IM-CA-0068
Docket / Court 2:10-cv-06490 ( C.D. Cal. )
State/Territory California
Case Type(s) Immigration
Attorney Organization ACLU of Southern California
Hadsell, Stormer & Renick
Case Summary
On August 31, 2010, hourly employees filed a lawsuit in the U.S. District Court for the Central District of California against their employer and its owner/president for violating various federal and state employment and non-discrimination statutes including the Fair Labor Standards Act ("FLSA"). ... read more >
On August 31, 2010, hourly employees filed a lawsuit in the U.S. District Court for the Central District of California against their employer and its owner/president for violating various federal and state employment and non-discrimination statutes including the Fair Labor Standards Act ("FLSA"). Specifically, plaintiffs claimed that defendants failed to pay required minimum and overtime wages, to pay in a timely manner, and to provide accurate wage statements. Plaintiffs also alleged that their employer discriminated against them on the basis of their race and/or alienage by paying them less, failing to pay them overtime, and depriving them of other employment benefits. In addition, plaintiffs accused defendant of committing unfair business practices and fraud.

An amended complaint was filed on March 30, 2011, and only maintained the claims under the FLSA and the California Labor Code. The amended complaint did not mention discrimination or plaintiffs' immigration status. Plaintiffs, represented by attorneys at the ACLU of Southern California and private counsel, sought class certification, damages, and injunctive and declaratory relief.

According to plaintiffs, defendants required them to work as many as fourteen hours a day without compensating them with mandatory overtime pay. Plaintiffs allege that the defendants created two fraudulent schemes to evade paying plaintiffs the required overtime.

On January 28, 2011, the District Court (Judge Percy Anderson) ordered the parties to a settlement conference, but no settlement was reached.

On April 18, 2011, the court dismissed the FLSA claims without prejudice per the plaintiffs' submitted stipulation. The parties dismissed the claims to enable plaintiffs to participate in a civil action filed by the U.S. Secretary of the Department of Labor against defendants for FLSA violations. On April 22, 2011, the court declined to exercise supplemental jurisdiction over plaintiffs' state law claims because all claims over which the court had original jurisdiction had been dismissed.

Jennifer Bronson - 10/06/2013


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Issues and Causes of Action
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Issues
Discrimination-basis
Immigration status
Race discrimination
Immigration
Employment
Plaintiff Type
Private Plaintiff
Causes of Action Fair Labor Standards Act (FLSA), 29 U.S.C. ยงยง 201-219
Defendant(s) Terra Universal Inc.
Plaintiff Description Defendants' employees
Indexed Lawyer Organizations ACLU of Southern California
Hadsell, Stormer & Renick
Class action status sought Yes
Class action status granted Moot
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Form of Settlement Voluntary Dismissal
Order Duration not on record
Case Closing Year n/a
Case Ongoing No
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
2:10−cv−06490 (C.D. Cal.) 04/22/2011
IM-CA-0068-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint for Damages, Declaratory, and Injunctive Relief 08/31/2010
IM-CA-0068-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
First Amended Class Action Complaint for Damages, Declaratory and Injunctive Relief 03/30/2011
IM-CA-0068-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Re: Stipulation to Dismiss Plaintiffs' Claims for Violations of the Fair Labor Standards Act 04/18/2011 (C.D. Cal.)
IM-CA-0068-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
In Chambers - Court Order 04/22/2011 (C.D. Cal.)
IM-CA-0068-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Anderson, Percy (C.D. Cal.)
IM-CA-0068-0003 | IM-CA-0068-0004 | IM-CA-0068-9000
Segal, Suzanne H. (C.D. Cal.) [Magistrate]
IM-CA-0068-9000
Monitors/Masters None on record
Plaintiff's Lawyers Arulanantham, Ahilan T (California)
IM-CA-0068-0002 | IM-CA-0068-0003 | IM-CA-0068-9000
Bilford, Brian Jeffrey (California)
IM-CA-0068-9000
Dai, Cornelia (California)
IM-CA-0068-0001 | IM-CA-0068-0002 | IM-CA-0068-0003 | IM-CA-0068-9000
Kaufman, Michael Bryan (California)
IM-CA-0068-0002 | IM-CA-0068-0003 | IM-CA-0068-9000
Leung, Victor (California)
IM-CA-0068-0001 | IM-CA-0068-9000
Pasquarella, Jennifer (California)
IM-CA-0068-0001 | IM-CA-0068-0002 | IM-CA-0068-0003 | IM-CA-0068-9000
Renick, Randall R. (California)
IM-CA-0068-0001 | IM-CA-0068-0002 | IM-CA-0068-0003 | IM-CA-0068-9000
Villagra, Hector O. (California)
IM-CA-0068-0001 | IM-CA-0068-9000
Defendant's Lawyers Costanzo, Sally S (California)
IM-CA-0068-0003 | IM-CA-0068-9000
Gerard, Robert Joseph Jr. (California)
IM-CA-0068-0003 | IM-CA-0068-9000
Scalero, Jeanine Antoinette (California)
IM-CA-0068-0003 | IM-CA-0068-9000
Other Lawyers None on record

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