Perez-Benites et al v. Candy Brand, LLC et al

Filing 174

ORDER granting 68 Motion to Certify Class; certified in two classes. Signed by Honorable Harry F. Barnes on March 23, 2010. (cnn)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION

ROSALINO PEREZ-BENITES, et al.

PLAINTIFFS

v.

CASE NO. 07-CV-1048

CANDY BRAND, LLC, et al.

DEFENDANTS

ORDER Before the Court is Plaintiffs' Motion for Certification of Rule 23 Class Action. (Doc. 68). Defendants have responded. (Docs. 70, 141, 142, 148). Plaintiffs have replied to Defendants' response. (Docs. 74, 152). Upon consideration, for the reasons set forth in the Memorandum Opinion of even date, the Court finds that the Plaintiffs' Motion for Certification of Rule 23 Class Action should be and hereby is GRANTED. The following two classes are hereby certified: Class I All nonsupervisory workers employed by Defendants at any time between 2003 and the date of judgment in this matter who were employed pursuant to H-2A temporary work visas. Class II All nonsupervisory workers employed in the Defendants' packing shed operations at any time between 2003 and the date of judgment in this matter--irrespective of visa status--who did not receive overtime pay during workweeks when they worked more than forty (40) hours. IT IS SO ORDERED, this 23rd day of March, 2010. /s/ Harry F. Barnes Hon. Harry F. Barnes United States District Judge