Case: Devassy v. Signal International, LLC

2:13-cv-06221 | U.S. District Court for the Eastern District of Louisiana

Filed Date: Aug. 14, 2013

Closed Date: May 26, 2017

Clearinghouse coding complete

Case Summary

This case is part of the series of Signal International cases. It was consolidated with Achari v. Signal International and continues on that page.On Aug. 14, 2013, 13 Indian guestworkers filed this lawsuit in the U.S. District Court for the Southern District of Mississippi for harm suffered as a result of an allegedly fraudulent and coercive employment recruitment scheme. The plaintiffs filed this suit after District Judge Jay Zainey denied class certification on January 3, 2012 in a related ca…

This case is part of the series of Signal International cases. It was consolidated with Achari v. Signal International and continues on that page.

On Aug. 14, 2013, 13 Indian guestworkers filed this lawsuit in the U.S. District Court for the Southern District of Mississippi for harm suffered as a result of an allegedly fraudulent and coercive employment recruitment scheme. The plaintiffs filed this suit after District Judge Jay Zainey denied class certification on January 3, 2012 in a related case, David v. Signal International. The complaint alleged violations of the Trafficking Victims Protection Act (18 U.S.C. §1589 (forced labor) and 18 U.S.C. §1590 (trafficking)) and the Civil Rights Act of 1866 (42 U.S.C. §1981), as well as claims for fraudulent misrepresentation, negligent misrepresentation, and breach of contract. The plaintiffs were represented by private law firms.

Plaintiffs were allegedly brought into the United States to provide labor and services to the defendant, Signal International, a company based in Pascagoula, Mississippi with operations in the Gulf Coast region, in the business of providing repairs to offshore oil rigs. The complaint alleged that the plaintiffs paid Signal's recruiters as much as $25,000 for travel, visa, and recruitment fees, but upon arrival in the United States found out they would not receive the green cards promised to them. Instead, plaintiffs were forced to pay additional fees ($1050 per month) to live in racially segregated labor camps, and were subject to squalid living conditions and threats of both legal and physical harm if they complained about the conditions or decided not to provide labor.

On Oct. 17, 2013, the District Court (Judge Robert H. Walker) entered an order consolidating this matter with the Achari case. The Court (Chief U.S. District Judge Louis Guirola, Jr.) then transferred this case and Achari, Chakkiyattil v. Signal International, and Krishnakutty v. Signal International LLC to the Eastern District of Louisiana. On October 24, 2013, the case was assigned to Judge Susie Morgan and consolidated with the Achari case.

The Court closed the Achari case on May 26, 2017 without prejudice due to settlement agreement. The settlement established a claims process and ensures that all aggrieved individuals included in the litigation may receive relief in spite of the bankruptcy proceedings. In addition to monetary relief, Signal International's CEO issued a statement acknowledging the company's wrongdoing and apologizing for its treatment of the guest workers. The Court retained jurisdiction such that any party may reopen the case if any of the unlocated plaintiffs are located so that they may be paid pursuant to the settlement agreement.

Summary Authors

Anna Dimon (5/12/2015)

Virginia Weeks (10/14/2016)

Ava Morgenstern (12/2/2017)

Sichun Liu (4/1/2019)

Related Cases

David v. Signal International, LLC, Eastern District of Louisiana (2008)

Equal Employment Opportunity Commission v. Signal International, LLC, Eastern District of Louisiana (2011)

Achari v. Signal International, LLC, Eastern District of Louisiana (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13376432/parties/devassy-v-signal-international-llc/


Judge(s)
Attorney for Plaintiff

Alshak, Ryan J. (California)

Bhargava, Michael (District of Columbia)

Blum, Ronald G. (New York)

Bollman, Patricia Anne F. (Louisiana)

Attorney for Defendant

Buras, Daniel Edwin Jr. (Louisiana)

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Documents in the Clearinghouse

Document

2:13-cv-06218

Docket

Achari v. Signal International; LLC

June 2, 2017

June 2, 2017

Docket
1

2:13-cv-06221

Complaint and Jury Demand

U.S. District Court for the Southern District of Mississippi

Aug. 13, 2013

Aug. 13, 2013

Complaint
20

1:13-cv-00327

Order Consolidating Cases

U.S. District Court for the Southern District of Mississippi

Oct. 17, 2013

Oct. 17, 2013

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13376432/devassy-v-signal-international-llc/

Last updated Jan. 8, 2024, 3:27 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT, with jury demand, against Malvern C. Burnett, Sachin Dewan, Dewan Consultants Pvt. Ltd., Global Resources, Inc., Gulf Coast Immigration Law Center, LLC, Indo-Amerisoft LLC, Law Offices of Malvern C. Burnett, A.P.C., Michael Pol, Kurella Sada Siva Rao, Signal International, Inc., Signal International, LLC (Filing fee $400.00, receipt number 14643004838), filed by Sivan Raghavan, Saju Christy Vallarian, Ampattu Varughese Mathew, Mandeep Singh, Varghese Kurisinkal Devassy, Isaac Wilson Vazhikudilil, Vijayanair Sankarapillai, Benny Yohannan, George Chacko Edavazhickal, Anthony Sajan Oottuparambil Michael, Anil Scaria, John Malakaran Thomas, Prasad Kunju Kunju (Attachments: # 1 Civil Cover Sheet) (RLW) [Transferred from mssd on 10/23/2013.] (Entered: 08/14/2013)

1 Civil Cover Sheet

View on PACER

Aug. 14, 2013

Aug. 14, 2013

PACER
2

Summons Issued as to Malvern C. Burnett, Sachin Dewan, Dewan Consultants Pvt. Ltd., Global Resources, Inc., Gulf Coast Immigration Law Center, LLC, Indo-Amerisoft LLC, Law Offices of Malvern C. Burnett, A.P.C., Michael Pol, Kurella Sada Siva Rao, Signal International, Inc., Signal International, LLC (RLW) [Transferred from mssd on 10/23/2013.] (Entered: 08/14/2013)

Aug. 14, 2013

Aug. 14, 2013

PACER
3

SUMMONS Returned Executed by Sivan Raghavan, Saju Christy Vallarian, Ampattu Varughese Mathew, Mandeep Singh, Varghese Kurisinkal Devassy, Isaac Wilson Vazhikudilil, Vijayanair Sankarapillai, Benny Yohannan, George Chacko Edavazhickal, Anthony Sajan Oottuparambil Michael, Anil Scaria, John Malakaran Thomas, Prasad Kunju Kunju Signal International, LLC served on 8/26/2013, answer due 9/16/2013. (McDuff, Robert) [Transferred from mssd on 10/23/2013.] (Entered: 08/29/2013)

Aug. 29, 2013

Aug. 29, 2013

PACER
4

MOTION for Extension of Time to File Answer re 1 Complaint,, by Signal International, Inc., Signal International, LLC (Ungar, Hal) [Transferred from mssd on 10/23/2013.] (Entered: 09/13/2013)

Sept. 13, 2013

Sept. 13, 2013

PACER

TEXT ONLY ORDER granting 4 Motion for Extension of Time to Answer. Signal International, Inc. answer due 10/7/2013; Signal International, LLC answer due 10/7/2013. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge Robert H. Walker on September 13, 2013. (Joffe, Scherry) [Transferred from mssd on 10/23/2013.]

Sept. 13, 2013

Sept. 13, 2013

PACER
5

MOTION for Michael Bhargava to Appear Pro Hac Vice by Varghese Kurisinkal Devassy, George Chacko Edavazhickal, Prasad Kunju Kunju, Ampattu Varughese Mathew, Anthony Sajan Oottuparambil Michael, Sivan Raghavan, Vijayanair Sankarapillai, Anil Scaria, Mandeep Singh, John Malakaran Thomas, Saju Christy Vallarian, Isaac Wilson Vazhikudilil, Benny Yohannan (Attachments: # 1 Exhibit Ex-1 Certificate of Good Standing- District of Columbia Court of Appeals)(McDuff, Robert) [Transferred from mssd on 10/23/2013.] (Entered: 09/18/2013)

1 Exhibit Ex-1 Certificate of Good Standing- District of Columbia Court of Appeals

View on PACER

Sept. 18, 2013

Sept. 18, 2013

PACER

Pro Hac Vice fee paid for Micheal Bhargava receipt number 0538-2514481 $ 100 (McDuff, Robert) [Transferred from mssd on 10/23/2013.]

Sept. 18, 2013

Sept. 18, 2013

PACER
6

MOTION for Robert Fabrikant to Appear Pro Hac Vice by Varghese Kurisinkal Devassy, George Chacko Edavazhickal, Prasad Kunju Kunju, Ampattu Varughese Mathew, Anthony Sajan Oottuparambil Michael, Sivan Raghavan, Vijayanair Sankarapillai, Anil Scaria, Mandeep Singh, John Malakaran Thomas, Saju Christy Vallarian, Isaac Wilson Vazhikudilil, Benny Yohannan (Attachments: # 1 Exhibit Ex-1 Certificate of Good Standing- District of Columbia Court of Appeals)(McDuff, Robert) [Transferred from mssd on 10/23/2013.] (Entered: 09/18/2013)

1 Exhibit Ex-1 Certificate of Good Standing- District of Columbia Court of Appeals

View on PACER

Sept. 18, 2013

Sept. 18, 2013

PACER

Pro Hac Vice fee paid for Robert Fabrikant receipt number 0538-2514506 $ 100 (McDuff, Robert) [Transferred from mssd on 10/23/2013.]

Sept. 18, 2013

Sept. 18, 2013

PACER
7

MOTION for Steven T. Raptis to Appear Pro Hac Vice by Varghese Kurisinkal Devassy, George Chacko Edavazhickal, Prasad Kunju Kunju, Ampattu Varughese Mathew, Anthony Sajan Oottuparambil Michael, Sivan Raghavan, Vijayanair Sankarapillai, Anil Scaria, Mandeep Singh, John Malakaran Thomas, Saju Christy Vallarian, Isaac Wilson Vazhikudilil, Benny Yohannan (Attachments: # 1 Exhibit Ex-1 Certificate of Good Standing- District of Columbia Court of Appeals)(McDuff, Robert) [Transferred from mssd on 10/23/2013.] (Entered: 09/18/2013)

1 Exhibit Ex-1 Certificate of Good Standing- District of Columbia Court of Appeals

View on PACER

Sept. 18, 2013

Sept. 18, 2013

PACER

Pro Hac Vice fee paid for Steven T. Raptis receipt number 0538-2514531 $ 100 (McDuff, Robert) [Transferred from mssd on 10/23/2013.]

Sept. 18, 2013

Sept. 18, 2013

PACER
8

ORDER granting 5 Motion to Appear Pro Hac Vice; granting 6 Motion to Appear Pro Hac Vice; granting 7 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Robert H. Walker on September 19, 2013 (King, Steve) [Transferred from mssd on 10/23/2013.] (Entered: 09/19/2013)

Sept. 19, 2013

Sept. 19, 2013

PACER
9

MOTION for Timothy W. Cerniglia to Appear Pro Hac Vice by Malvern C. Burnett (Carlisle, Arthur) [Transferred from mssd on 10/23/2013.] (Entered: 09/27/2013)

Sept. 27, 2013

Sept. 27, 2013

PACER

DOCKET ANNOTATION as to # 9. The Motion for Pro Hac and exhibits are filed as one main document. Exhibits should be scanned separately and docketed as properly identified attachments to the main document within the same docket entry. Attorney is directed to follow this procedure in future filings. L.U.Civ.R. 7.(b)(2). (JCH) [Transferred from mssd on 10/23/2013.]

Sept. 30, 2013

Sept. 30, 2013

PACER
10

ORDER granting 9 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Robert H. Walker on September 30, 2013 (King, Steve) [Transferred from mssd on 10/23/2013.] (Entered: 09/30/2013)

Sept. 30, 2013

Sept. 30, 2013

PACER
11

MOTION to Dismiss by Malvern C. Burnett (Carlisle, Arthur) [Transferred from mssd on 10/23/2013.] (Entered: 10/02/2013)

Oct. 2, 2013

Oct. 2, 2013

PACER
12

MEMORANDUM in Support re 11 MOTION to Dismiss filed by Malvern C. Burnett (Carlisle, Arthur) [Transferred from mssd on 10/23/2013.] (Entered: 10/02/2013)

Oct. 2, 2013

Oct. 2, 2013

PACER

Docket Annotation as to Doc. #11 & 12. Main documents are not dated, only the certificates of service are dated. Pursuant to Fed.R.Civ.P. Rule 84, appendix form 2 states that date, signature, address, e-mail address and telephone number are used at the conclusion of pleadings and other papers that require a signature. Documents are undated, but the date will be construed as the date of electronic filing. Attorney is advised to follow this rule in future filings by also dating the main document.(wld) [Transferred from mssd on 10/23/2013.]

Oct. 3, 2013

Oct. 3, 2013

PACER

Pro Hac Vice fee paid by Timothy W. Cerniglia $ 100, receipt number 14643005000 (wld) [Transferred from mssd on 10/23/2013.]

Oct. 3, 2013

Oct. 3, 2013

PACER
13

MOTION to Stay Proceedings Pursuant to First-Filed Rule, for Transfer and to Dismiss Partially for Failure to State a Claim upon which Relief can be Granted by Signal International, Inc., Signal International, LLC (Ungar, Hal). Added MOTION to Dismiss, MOTION to Transfer on 10/8/2013 (wld). [Transferred from mssd on 10/23/2013.] (Entered: 10/07/2013)

Oct. 7, 2013

Oct. 7, 2013

PACER
14

MEMORANDUM IN SUPPORT re 13 MOTION to Stay Proceedings Pursuant to First-Filed Rule, for Transfer and to Dismiss Partially for Failure to State a Claim upon which Relief can be Granted filed by Signal International, Inc., Signal International, LLC (Attachments: # 1 Exhibit 1 - Media Article, # 2 Exhibit 2 - Devassy Consent to Sue)(Ungar, Hal) [Transferred from mssd on 10/23/2013.] (Entered: 10/07/2013)

1 Exhibit 1 - Media Article

View on PACER

2 Exhibit 2 - Devassy Consent to Sue

View on PACER

Oct. 7, 2013

Oct. 7, 2013

PACER
15

MOTION for Jeremy R. Lacks to Appear Pro Hac Vice by Varghese Kurisinkal Devassy, George Chacko Edavazhickal, Prasad Kunju Kunju, Ampattu Varughese Mathew, Anthony Sajan Oottuparambil Michael, Sivan Raghavan, Vijayanair Sankarapillai, Anil Scaria, Mandeep Singh, John Malakaran Thomas, Saju Christy Vallarian, Isaac Wilson Vazhikudilil, Benny Yohannan (Attachments: # 1 Exhibit Ex-1 Certificate of Good Standing-Appellate Court)(McDuff, Robert) [Transferred from mssd on 10/23/2013.] (Entered: 10/07/2013)

1 Exhibit Ex-1 Certificate of Good Standing-Appellate Court

View on PACER

Oct. 7, 2013

Oct. 7, 2013

PACER

Pro Hac Vice fee paid for Jeremy Lacks receipt number 0538-2528834 $ 100 (McDuff, Robert) [Transferred from mssd on 10/23/2013.]

Oct. 7, 2013

Oct. 7, 2013

PACER

Docket Annotation as to Doc. #13. This document requests several motion reliefs. Every motion relief should be selected from the list of motion titles or each relief docketed separately. The same PDF document may be used for all motion filing entries. It is not necessary to refile as court staff has made the necessary correction. Attorney is advised to follow this procedure in future filings by selecting all reliefs requested.(wld) [Transferred from mssd on 10/23/2013.]

Oct. 8, 2013

Oct. 8, 2013

PACER
16

ORDER granting 15 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Robert H. Walker on October 8, 2013 (King, Steve) [Transferred from mssd on 10/23/2013.] (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

PACER

NOTICE of Hearing: Telephone Conference set for 10/15/2013 09:00 AM before Magistrate Judge Robert H. Walker. Plaintiff will place the telephone call to Judge Walker's chambers with all necessary counsel on the line. (SR) [Transferred from mssd on 10/23/2013.]

Oct. 8, 2013

Oct. 8, 2013

PACER
17

MOTION to Appoint Counsel / Enroll as Counsel, Alan D. Weinberger, by Signal International, Inc., Signal International, LLC (Ungar, Hal) [Transferred from mssd on 10/23/2013.] (Entered: 10/09/2013)

Oct. 9, 2013

Oct. 9, 2013

PACER

DOCKET ANNOTATION as to #17: Pursuant to Fed.R.Cr.P. Rule 49(d) and Fed.R.Civ.P. Rule 84, appendix form 2 states that date, signature, address, e-mail address and telephone number are used at the conclusion of pleadings and other papers that require a signature. Document is undated, but the date will be construed as the date of electronic filing. Attorney is advised to follow this rule in future filings. (PKS) [Transferred from mssd on 10/23/2013.]

Oct. 9, 2013

Oct. 9, 2013

PACER

Minute Entry for proceedings held before Magistrate Judge Robert H. Walker: Telephone Conference held on 10/15/2013 with attorneys Robert B. McDuff, Andrew Case, Stephen T. Raptis, Hal D. Ugar and Erin Casey Hangartner to discuss consolidating this case with 1:13-222 Achari v. Signal LG-JMR for the purpose of the same judge deciding the transfer issue. All attorneys agree that the case should be consolidated, with the above related lower numbered case being the lead case in order for the same judge to decide the transfer issue. Plaintiff's counsel further advised that although they agree to the consolidation for the stated purpose, they advise there are factual differences between the two cases that may impact the issue of transfer. The Court will therefore enter a sua sponte order of consolidation of this case with 1:13-222 Achari v. Signal LG-JMR. (SR) [Transferred from mssd on 10/23/2013.]

Oct. 15, 2013

Oct. 15, 2013

PACER
18

MOTION to Strike 11 MOTION to Dismiss by Varghese Kurisinkal Devassy, George Chacko Edavazhickal, Prasad Kunju Kunju, Ampattu Varughese Mathew, Anthony Sajan Oottuparambil Michael, Sivan Raghavan, Vijayanair Sankarapillai, Anil Scaria, Mandeep Singh, John Malakaran Thomas, Saju Christy Vallarian, Isaac Wilson Vazhikudilil, Benny Yohannan (Raptis - PHV, Stephen) [Transferred from mssd on 10/23/2013.] (Entered: 10/16/2013)

Oct. 16, 2013

Oct. 16, 2013

PACER
19

MEMORANDUM in Support re 18 MOTION to Strike 11 MOTION to Dismiss filed by Varghese Kurisinkal Devassy, George Chacko Edavazhickal, Prasad Kunju Kunju, Ampattu Varughese Mathew, Anthony Sajan Oottuparambil Michael, Sivan Raghavan, Vijayanair Sankarapillai, Anil Scaria, Mandeep Singh, John Malakaran Thomas, Saju Christy Vallarian, Isaac Wilson Vazhikudilil, Benny Yohannan (Attachments: # 1 Exhibit A - Proof of Service dated 9.11.13)(Raptis - PHV, Stephen) [Transferred from mssd on 10/23/2013.] (Entered: 10/16/2013)

1 Exhibit A - Proof of Service dated 9.11.13

View on PACER

Oct. 16, 2013

Oct. 16, 2013

PACER
20

ORDER Consolidating Cases. Signed by Magistrate Judge Robert H. Walker on October 17, 2013 (King, Steve) [Transferred from mssd on 10/23/2013.] (Entered: 10/17/2013)

Oct. 17, 2013

Oct. 17, 2013

PACER
21

Consent MOTION for Extension of Time to File Response/Reply as to 11 Motion to Dismiss (Raptis - PHV, Stephen) Modified text on 10/17/2013 to correct linkage(wld). [Transferred from mssd on 10/23/2013.] (Entered: 10/17/2013)

Oct. 17, 2013

Oct. 17, 2013

PACER

DOCKET ANNOTATION as to #21. Modified to this docket entry to reflect correct linkage to motion #11. Deleted incorrect linkage to motion #13. (wld) [Transferred from mssd on 10/23/2013.]

Oct. 17, 2013

Oct. 17, 2013

PACER

Case Reassigned to Chief District Judge Louis Guirola, Jr. and Magistrate Judge John M. Roper. District Judge Halil S. Ozerden, Magistrate Judge Robert H. Walker no longer assigned to the case. (wld) [Transferred from mssd on 10/23/2013.]

Oct. 17, 2013

Oct. 17, 2013

PACER
22

RESPONSE in Opposition re 18 MOTION to Strike 11 MOTION to Dismiss filed by Malvern C. Burnett (Carlisle, Arthur) [Transferred from mssd on 10/23/2013.] (Entered: 10/22/2013)

Oct. 22, 2013

Oct. 22, 2013

PACER
23

Case transferred in from District of Mississippi Southern; Case Number 1:13-cv-00327. Electronic file certified copy of transfer order and docket sheet received (jtd) (Entered: 10/23/2013)

Oct. 23, 2013

Oct. 23, 2013

PACER
24

ORDER TRANSFERRING CASE. Case transferred to Judge Susie Morgan and Magistrate Judge Daniel E. Knowles, III for all further proceedings. Judge Lance M Africk, Magistrate Judge Alma L. Chasez no longer assigned to case. Signed by Judge Lance M Africk on 10/24/2013.(blg) (Entered: 10/25/2013)

Oct. 24, 2013

Oct. 24, 2013

PACER
25

ORDER: ORDERED that the Clerk of Court mark the above actions closed for statistical purposes. Signed by Judge Susie Morgan on 5/26/2017.(clc) (Entered: 06/02/2017)

June 2, 2017

June 2, 2017

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Signal International Guest Worker Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 14, 2013

Closing Date: May 26, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

13 Indian guestworkers fraudulently recruited to work in the U.S.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Dewan Consultants (Substantial Business Contacts with New Orleans, LA), Private Entity/Person

Global Resources, Inc., Private Entity/Person

Gulf Coast Immigration Law Center (New Orleans, LA), Private Entity/Person

Indo-Amerisoft, L.L.C. (New Orleans, LA), Private Entity/Person

Kurella Rao (New Orleans, LA), None

Law Offices of Malvern C. Burnett (New Orleans, LA), Private Entity/Person

Malvern C. Burnett (New Orleans, LA), None

Michael Pol, None

Sachin Dewan (Substantial Business Contacts with New Orleans, LA), None

Signal International, Inc. (Pascagoula, MS), Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

State law

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

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 5,000,000

Issues

General:

Bathing and hygiene

Food service / nutrition / hydration

Housing

Loss or damage to property

Racial segregation

Sanitation / living conditions

Totality of conditions

Discrimination-area:

Disparate Treatment

Discipline

Harassment / Hostile Work Environment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Pay / Benefits

Discrimination-basis:

Immigration status

National origin discrimination

Race discrimination

Race:

Asian/Pacific Islander

Type of Facility:

Non-government for-profit

Immigration/Border:

Employer sanctions

Employment

Immigration lawyers

Temporary foreign workers program

U.S. citizenship - acquiring

National Origin/Ethnicity:

Indian