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Case Name Marimuthu v. Signal International, LLC IM-TX-0039
Docket / Court 1:13-cv-00499 ( E.D. Tex. )
State/Territory Texas
Case Type(s) Equal Employment
Immigration
Special Collection Signal International Guest Worker Cases
Case Summary
On August 7, 2013, 10 Indian guestworkers filed a lawsuit in the United States District Court for the Eastern District of Texas for harm suffered as a result of an allegedly fraudulent and coercive employment recruitment scheme. Plaintiffs filed this suit after District Judge Jay Zainey ... read more >
On August 7, 2013, 10 Indian guestworkers filed a lawsuit in the United States District Court for the Eastern District of Texas for harm suffered as a result of an allegedly fraudulent and coercive employment recruitment scheme. Plaintiffs filed this suit after District Judge Jay Zainey denied class certification on January 3, 2012 in a related case, IM-LA-0010.

Plaintiffs were allegedly brought into the United States to provide labor and services to Defendant Signal International at its Orange, Texas site. Signal is based in Pascagoula, Mississippi and is in the business of providing repairs to offshore oil rigs in the Gulf Coast region. The complaint alleges that Plaintiffs paid Defendant 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 to live in racially segregated labor camps ($1050 per month), 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.

Plaintiffs asserted claims under the Trafficking Victims Protection Act (18 U.S.C. §1589 (forced labor) and 18 U.S.C. §1590 (trafficking)), the Civil Rights Act of 1866 (42 U.S.C. §1981), the Ku Klux Klan Act of 1871 (42 U.S.C. §1985), the Thirteenth Amendment, as well as claims of fraud, negligent misrepresentation, and breach of contract. Plaintiffs are represented private law firms.

In July 2014, United States Magistrate Judge Zack Hawthorn denied Signal's motion to transfer this case to the Eastern District of Louisiana. The plaintiffs in this case only overlap with the David case, IM-LA-0010, insofar as their FLSA claims in the David case are concerned. Additionally, the plaintiffs in this case are suing based on events at Signal's Orange, Texas site, whereas plaintiffs in cases pending in the Eastern District of Louisiana are suing based on events at Signal's Pascagoula, Mississippi site.

As of May 15, 2015, this case is ongoing.

Anna Dimon - 05/15/2015


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Issues and Causes of Action
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Issues
Discrimination-area
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
General
Bathing and hygiene
Disparate Treatment
Food service / nutrition / hydration
Housing
Loss or damage to property
Racial segregation
Sanitation / living conditions
Totality of conditions
Immigration
Employer sanctions
Employment
Immigration lawyers
Temporary foreign workers program
U.S. citizenship - acquiring
National Origin/Ethnicity
Indian
Plaintiff Type
Private Plaintiff
Race
Asian/Pacific Islander
Type of Facility
Non-government for profit
Causes of Action 42 U.S.C. § 1985
42 U.S.C. § 1981
State law
Defendant(s) Dewan Consultants
Global Resources, Inc.
Gulf Coast Immigration Law Center
Indo-Amerisoft, L.L.C.
Law Offices of Malvern C. Burnett
Malvern C. Burnett
Sachin Dewan
Signal International, Inc.
Plaintiff Description 10 Indian guestworkers fraudulently recruited to work in the U.S.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
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 Yes
Case Listing IM-LA-0010 : David v. Signal International, LLC (E.D. La.)
IM-LA-0011 : Equal Employment Opportunity Commission v. Signal International, LLC (E.D. La.)
IM-LA-0012 : Achari v. Signal International, LLC (E.D. La.)
Additional Resources
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Case Studies Insurer Must Pay $100.5 Million in Redlining Case
The New York Times
Written: Oct. 27, 1998
By: Joseph B. Treaster
[ Detail ] [ External Link ]

  Nationwide Settles Virginia Redlining Suit
Property Casualty 360
Written: May. 06, 2000
By: Amanda Levin
[ Detail ] [ External Link ]

  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)
1:13-cv-499 (E.D. Tex.) 02/27/2015
IM-TX-0039-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint and Jury Demand 08/07/2013
IM-TX-0039-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Denying Defendants' Motion to Transfer 07/16/2014 (E.D. Tex.)
IM-TX-0039-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Report and Recommendation Denying Defendant Signal's Motion to Dismiss (Doc. No. 24) 07/30/2014
IM-TX-0039-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Report and Recommendation of United States Magistrate Judge 08/01/2014 (2014 U.S.Dist.LEXIS 126783)
IM-TX-0039-0004.pdf | LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint and Jury Demand 09/16/2014
IM-TX-0039-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Report and Recommendation on Burnett's Motion to Dismiss (Doc. No. 77) 02/27/2015 (2015 U.S.Dist.LEXIS 36743)
IM-TX-0039-0006.pdf | LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Hawthorn, Zack (E.D. Tex.) [Magistrate]
IM-TX-0039-0002 | IM-TX-0039-0003 | IM-TX-0039-0004 | IM-TX-0039-0006
Monitors/Masters None on record
Plaintiff's Lawyers Dorsey, James E (Minnesota)
IM-TX-0039-0001 | IM-TX-0039-0005 | IM-TX-0039-9000
Findlay, Michael Douglas (Texas)
IM-TX-0039-0001 | IM-TX-0039-0005 | IM-TX-0039-9000
Findlay, Eric Hugh (Texas)
IM-TX-0039-0001 | IM-TX-0039-0005 | IM-TX-0039-9000
Fraser, Thomas S (Minnesota)
IM-TX-0039-0001 | IM-TX-0039-9000
Hoidal, Sten-Erik (Minnesota)
IM-TX-0039-0001 | IM-TX-0039-0005 | IM-TX-0039-9000
Hoppe, Lousene (Minnesota)
IM-TX-0039-0001 | IM-TX-0039-0005 | IM-TX-0039-9000
Johnson, Andrew Francis (Minnesota)
IM-TX-0039-0005 | IM-TX-0039-9000
O'Shea, Timothy (Minnesota)
IM-TX-0039-0001 | IM-TX-0039-0005 | IM-TX-0039-9000
Defendant's Lawyers Bollman, Patricia Anne F. (Louisiana)
IM-TX-0039-9000
Cerniglia, Timothy W. (Louisiana)
IM-TX-0039-9000
Cornblatt, James L. (Louisiana)
IM-TX-0039-9000
Hangartner, Erin Casey (Louisiana)
IM-TX-0039-9000
Hasenkampf, Mitchell P. (Louisiana)
IM-TX-0039-9000
Herman, Jonathan Marc (Texas)
IM-TX-0039-9000
Keller, Robert Louis (Louisiana)
IM-TX-0039-9000
Maney, Kevin P. (Louisiana)
IM-TX-0039-9000
Masur Davis, Lauren C. (Louisiana)
IM-TX-0039-9000
Rabbani, Elham (Louisiana)
IM-TX-0039-9000
Roux, Brian C. (Louisiana)
IM-TX-0039-9000
Rydberg, Lance R. (Louisiana)
IM-TX-0039-9000
Shapiro, Stephen H. (Louisiana)
IM-TX-0039-9000
Ungar, Hal D. (Louisiana)
IM-TX-0039-9000
Weinberger, Alan Dean (Louisiana)
IM-TX-0039-9000
Other Lawyers None on record

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