Lyons et al v. Conagra Foods Packaged Foods LLC
Court Docket Sheet

Eastern District of Arkansas

4:2012-cv-00245 (ared)

CLASS ACTION COMPLAINT with Jury Demand against Conagra Foods Packaged Foods LLC filed by Khanthalyxay La Rasavong, Tommy Applegate, Edward White, Justin Anderson, Craig Lyons, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, William Mars.(Filing fee $ 350 paid, receipt #033681; summons issued and returned to counsel). (sld) (docket text modified on 4/24/2012 to add "Class Action" and to correct spelling error)

Case 4:12-cv-00245-JM Document 1 Filed 04/24/12 Page 1 of 28 FILED IN THE UNITED STATES DISTRICT COURT EAST~ ~tif~~ i1~)H 1i;{tf~~tSAS EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION APR 2'4 20t2 ~A~ES W. McC.ORMACK, CLERK CRAIG LYONS, JUSTIN ANDERSON, TOMMY APPLEGATE, y. SQ:ki'S? BRANDON ETZKORN, GERALD FISHER, JR., JAMES GEARY, biPeLINit WILLIAM MARS, EDWARD WHITE and KHANTHAL YXAY LA RASAVONG, Each Individually and on Behalf of Others Similarly Situated PLAINTIFFS vs. No. 4:12-CV-c1lf5 un'l(Y'\ This case assigned to District Judge ~ CONAGRA FOODS PACKAGED FOODS, LLC d/b/a CONAGRA FOODS and to Magistrate JudgeOI!!IIl!!N.OA,; Q,.L-(J ORIGINAL COMPLAINT-CLASS ACTION COME NOW Plaintiffs Craig Lyons, Justin Anderson, Tommy Applegate, Brandon Etzkorn, Gerald Fischer, Jr., James Geary, William Mars, Edward White and Khanthalyxay La Rasavong, each individually and on behalf of all others similarly situated, by and through their attorneys Lydia Hamlet and Josh Sanford of Sanford Law Firm, PLLC, and for their Original Complaint, do hereby state and allege as follows: I. PRELIMINARY STATEMENTS 1. This is an action brought by all Plaintiffs named above, each individually and on behalf of all others similarly situated, against Defendant Conagra Foods Packaged Foods, LLC, d/b/a Conagra Foods. 2. The proposed Section 216 class is composed entirely of hourly-paid food production plant employees who, during the applicable time period, worked/work for Page 1 of 19 Craig Lyons, et al. v. Conagra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-_ _ Original Complaint-Class Action ·' •'' Case 4:12-cv-00245-JM Document 1 Filed 04/24/12 Page 2 of 28 Defendant and were/are denied their fundamental rights under applicable federal wage and hour laws. 3. The proposed Rule 23 class is composed entirely of hourly-paid food production plant employees who, during the applicable time period, worked/work for Defendant in the State of Arkansas and were/are denied their fundamental rights under applicable state wage and hour laws. 4. Plaintiffs, each individually and on behalf of all others similarly situated, bring this action under the Fair Labor Standards Act, 29 US. C. § 201, et seq. ("FLSA") and the Arkansas Minimum Wage Act, Ark. Code Ann. § 11-4-201, et seq. ("AMWA"), for declaratory judgment, monetary damages, liquidated damages, prejudgment interest, civil penalties and costs, including reasonable attorneys' fees as a result of Defendant's commonly applied policy and practice of failing to pay Plaintiffs and all others similarly situated regular wages and overtime compensation for the hours that they were/are made to work off the clock for each single workweek. 5. Upon information and belief, for at least three (3) years prior to the filing of this Complaint, Defendant has willfully and intentionally committed violations of the FLSA and AMWA as described infra. 6. The initial Plaintiffs' Consents to Join are attached hereto, collectively, as Exhibit "A." Page 2 of 19 Craig Lyons, et al. v. Conagra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-_ _ Original Complaint-Class Action;---------------------------------------·' ' ·' Case 4:12-cv-00245-JM Document 1 Filed 04/24/12 Page 3 of 28 II. THE PARTIES A. THE NINE INITIAL PLAINTIFFS 7. Plaintiff Craig Lyons ("Lyons") is a citizen and resident of the County of Pope, State of Arkansas. 8. Lyons is presently employed in Production Maintenance for Defendant at 3100 East Main Street, Russellville, Arkansas 72801, one of Defendant's food production locations, (hereinafter referred to as the "Russellville Plant"). His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 9. Plaintiff Justin Anderson ("Anderson") is a citizen and resident of the County of Pope, State of Arkansas. 10. Anderson is presently employed in Production Maintenance for Defendant at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 11. Plaintiff Tommy Applegate ("Applegate") is a citizen and resident of the County of Pope, State of Arkansas. 12. Applegate is a current Production Mechanic who works at the Russellville Plant. His tenure has spanned a period longer than the three years immediately preceding the filing of this action. 13. Plaintiff Brandon Etzkorn ("Etzkorn") is a citizen and resident of the County of Pope in the State of Arkansas. Page 3 of 19 Craig Lyons, et al. v. Conagra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-_ _ Original Complaint-Class Action... •' Case 4:12-cv-00245-JM Document 1 Filed 04/24/12 Page 4 of 28 14. Etzkorn is a current Quality Control employee who works at the Russellville Plant. His tenure has spanned a period longer than the three years immediately preceding the filing of this action. Etzkorn has also employed as a Process Operator (Crockpot, RMO, Fry-bake) during the past three years. 15. Plaintiff Gerald Fischer, Jr., ("Fisher'') is a citizen and resident of the County of Pope, State of Arkansas. 16. Fischer is a present employee in Production Maintenance and he works at Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 17. Plaintiff James Geary ("Geary") is a citizen and resident of the County of Pope in the State of Arkansas. 18. Geary is a former Instrument Technician/Electrical who worked at the Russellville Plant. His tenure began before the three years immediately preceding the filing of this action, and it ended on or about January 5, 2012. 19. Plaintiff William Mars ("Mars") is a citizen and resident of the County of Pope in the State of Arkansas. 20. Mars is a current Sanitation Worker who works at the Russellville Plant. His tenure has spanned a period longer than the three years immediately preceding the filing of this action. During the statute of limitations period, he was also employed in the positions of Extra Board Prep and Processor. 21. Plaintiff Edward White ('White") is a citizen and resident of the County of Pope, State of Arkansas. Page 4 of 19 Craig Lyons, et al. v. Conagra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-_ _ Original Complaint-Class Action.----------------------------------------... •' Case 4:12-cv-00245-JM Document 1 Filed 04/24/12 Page 5 of 28 22. White is a current Production Mechanic who works at the Russellville Plant. His tenure has spanned a period longer than the three years immediately preceding the filing of this action. 23. Plaintiff Khanthalyxay La Rasavong ("Rasavong") is a citizen and resident of the County of Pope in the State of Arkansas. 24. Rasavong is a current Production Mechanic who works at the Russellville Plant. His tenure has spanned a period longer than the three years immediately preceding the filing of this action. 25. All Plaintiffs were injured by the acts and omissions of Defendants during such time as they were entitled to the rights and protections of the FLSA and AMWA. B. DEFENDANT 26. Defendant Conagra Foods Packaged Foods, LLC, d/b/a Conagra Foods ("Conagra"), is a private, for-profit limited liability company created and existing under and by virtue of the laws of the State of Nebraska, registered to do business in the State of Arkansas, producing prepared foods and food products at large facilities across the United States, including at least two such locations in the State of Arkansas. 27. Defendant has annual gross revenues exceeding $500,000.00. 28. Defendant's principal address is One ConAgra Drive, 1-237, Omaha, Nebraska 68102. 29. Defendant is/was Plaintiffs' employer and is and has been engaged in interstate commerce as that term is defined under both the FLSA and the AMWA. Page 5 of 19 Craig Lyons, et at. v. Conagra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-_ _ Original Complaint-Class Action ·' Case 4:12-cv-00245-JM Document 1 Filed 04/24/12 Page 6 of 28 30. Defendant has as its registered agent for service the Prentice-Hall Corporation System, Arkansas, which is located at 300 South Spring Street, Suite 900, Little Rock, Arkansas 72201. Ill. JURISDICTION AND VENUE 31. The United States District Court for the Eastern District of Arkansas has subject matter jurisdiction over this suit under the provisions of 28 U.S.C. § 1331 because this suit raises federal questions under the FLSA. 32. This Complaint also alleges violations of the AMWA, which alleged violations arise out of the same set of operative facts as the federal cause of action herein alleged; accordingly, this state cause of action would be expected to be tried with the federal claim in a single judicial proceeding. 33. 20. This Court has pendent jurisdiction over that claim pursuant to 28 U.S.C. § 1367(a). 34. The acts complained of herein were committed and had their principal effect against the named Plaintiffs herein within the Western Division of the Eastern District of Arkansas; therefore, venue is proper within this District pursuant to 28 U.S.C. § 1391. 35. The instant litigation asserts a class action claim under Rule 23 of the Federal Rules of Civil Procedure. Page 6 of 19 Craig Lyons, et al. v. Conagra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-_ _ Original Complaint-Class Action.• Case 4:12-cv-00245-JM Document 1 Filed 04/24/12 Page 7 of 28 IV. FACTUAL ALLEGATIONS 36. At all relevant times herein, Conagra is a foreign corporation maintaining numerous locations throughout the United States with annual gross revenues exceeding $500,000.00. 37. At all relevant times herein, Conagra was/is the "employer'' of Plaintiffs and similarly situated employees within the meaning of all applicable federal and state laws and statutes, including the FLSA and AMWA. 38. At all relevant times herein, Conagra directly hired Plaintiffs and similarly situated employees, paid them wages and benefits, controlled their work schedules, duties, protocols, applications, assignments and employment conditions, and kept at least some records regarding their employment. 39. At all relevant times herein, Plaintiffs have been employed by Conagra as hourly-paid, prepared foods plant production laborers. Plaintiffs and similarly situated employees were/are classified by Defendant as non-exempt under the FLSA, and were/are always paid an hourly rate. 40. At all relevant times herein pursuant to Conagra's common and universal practice, Plaintiffs and similarly situated employees were/are required to work off the clock, including but not limited to, reporting to work and donning personal protective equipment (PPE) prior to the time they were allowed to clock in, as well as often remaining at work to doff and store and/or return personal protective equipment after Defendant mandated that they be clocked out. Page 7 of 19 Craig Lyons, et al. v. Conagra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-_ _ Original Complaint-Class Action Case 4:12-cv-00245-JM Document 1 Filed 04/24/12 Page 8 of 28 41. The time spent in relation to donning, doffing, and otherwise managing the PPE, including time spent in transit to and from changing areas to Defendant's time-clock, was necessary and indispensable to Plaintiffs' principal work, but because these activities occurred prior to clocking in and after clocking out, Plaintiffs and similarly situated employees were not compensated by Defendant for this time. 42. At all relevant times herein, Conagra failed and continues to fail to accurately record all of the time worked off the clock by Plaintiffs and similarly situated employees and failed to properly compensate all of the off-the-clock hours. 43. At all relevant times herein, starting more than three (3) years ago and continuing to present, Conagra has deprived Plaintiffs and similarly situated employees of regular wages and overtime compensation for all of the hours over forty (40) per week. 44. Conagra's conduct and actions, as described above, are in violation of the FLSA and the AMWA and are willful, intentional and not the result of a good faith contest or dispute. v. CLASS ACTION ALLEGATIONS 45. Plaintiffs bring this class action to recover monetary damages owed by Defendant to Plaintiffs and members of the putative Class for all the unpaid regular wages and overtime compensation for all the hours worked off the clock. 46. Plaintiffs bring this action on behalf of themselves and all other similarly situated employees, former and present, who were and/or are affected by Defendant's willful and intentional violation of the FLSA and the AMWA. Page 8 of 19 Craig Lyons, et al. v. Conagra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-_ _ Original Complaint-Class Action,----------------------------.•.. Case 4:12-cv-00245-JM Document 1 Filed 04/24/12 Page 9 of 28 47. In addition, and in the alternative, Plaintiffs bring this action in their individual and personal capacities, separate and apart from the Class claims set forth herein. 48. The Rule 23 Class under the AMWA is defined as follows: All current and former employees of Defendant, who were employed as hourly food production plant employees in the State of Arkansas during the statutory period, and who: (a) worked off the clock because of Defendant's universal donning and doffing policies; (b) worked off the clock because of Defendant's strategic placement of time clocks, whereby the class members' access to the opportunity to record their compensable time was used to Defendant's advantage; and (c) were not paid regular wages and overtime compensation for hours they worked in excess of forty (40) hours for each week. 49. Plaintiffs also bring this claim for relief for violation of the FLSA as a collective action pursuant to Section 16(b) of the FLSA, 29 U.S.C. § 216(b). The Collective Class is defined as follows: All current and former employees of Defendant, who were employed as food production plant employees during the statutory period, and who: (a) worked off the clock because of Defendant's universal donning and doffing policies; (b) worked off the clock because of Defendant's strategic placement of time clocks, whereby the class members' access to the opportunity to record their compensable time was used to Defendant's advantage; and (c) were not paid regular wages and overtime compensation for hours they worked in excess of forty (40) hours for each week. Page 9 of 19 Craig Lyons, et al. v. Conagra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-_ _ Original Complaint-Class Action •' Case 4:12-cv-00245-JM Document 1 Filed 04/24/12 Page 10 of 28 50. This action is properly brought as a class action pursuant to the collective action procedures of the FLSA and the class action procedures of Rule 23 of the Federal Rules of Civil Procedure. 51. The Class is so numerous that joinder of all members is impractical. While the exact number and identities of Class members are unknown at this time, and can only be ascertained through appropriate discovery, Plaintiffs believe that at least one thousand five hundred (1,500) putative class members have worked for Defendant without appropriate pay, as described herein, throughout the applicable statutory period at the Russellville Plant location alone. 52. This litigation is properly brought as a class action because of the existence of questions of fact and law common to the Class which predominates over any questions affecting only individual members, including: (a) The compensability of time spent donning and doffing, and in transit to and from changing areas; (b) Whether Plaintiffs and members of the Class worked off the clock; (c) Whether Defendant has failed to pay Plaintiffs and members of the Class regular wages and overtime compensation for all of the hours over forty (40) each week; (d) Whether Defendant is liable to Plaintiffs and members of the Class for violations of the FLSA and AMWA. 53. This litigation is properly brought as a class action because Plaintiffs' claims are typical of the claims of the members of the Class, inasmuch as all such claims arise from Defendant's standard policies and practices, as alleged herein. Like all Class members, Plaintiffs were injured by Defendant's policies and practices of Page 10 of 19 Craig Lyons, et al. v. Conagra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-_ _ Original Complaint-Class Action Case 4:12-cv-00245-JM Document 1 Filed 04/24/12 Page 11 of 28 failure to pay regular wages and overtime compensation for all the hours worked off the clock. 54. Plaintiffs have no interests antagonistic to the interests of the other members of the Class. Plaintiffs are committed to the vigorous prosecution of this action and have retained competent counsel experienced in class action litigation. Accordingly, Plaintiffs are adequate representatives and will fairly and adequately protect the interests of the Class. 55. A class action is an appropriate and superior method for the fair and efficient adjudication of the present controversy given the following factors: (a) Common questions of law and/or fact predominate over any individual questions which may arise, and, accordingly, there would accrue enormous savings to both the Court and the Class in litigating the common issues on a class-wide instead of on a repetitive individual basis; (b) Despite the relatively small size of individual Class members' claims, their aggregate volume, coupled with the economies of scale inherent in litigating similar claims on a common basis, will enable this case to be litigated as a Class action on a cost-effective basis, especially when compared with repetitive individual litigation; and (c) No unusual difficulties are likely to be encountered in the management of this class action in that all questions of law and/or fact to be litigated at the liability stage of this action are common to the Class. 56. Plaintiffs are aware of no members of the proposed class which have an interest in individually controlling the prosecution of separate actions. Neither are Plaintiffs aware of any other litigation concerning this particular controversy. 57. Class certification is also fair and efficient because prosecution of separate actions by individual Class members would create a risk of differing adjudications with respect to such individual members of the Class, which as a practical Page 11 of 19 Craig Lyons, et al. v. Conagra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-_ _ Original Complaint-Class Action.. Case 4:12-cv-00245-JM Document 1 Filed 04/24/12 Page 12 of 28 matter may be dispositive of the interests of other members no parties to the adjudication, or substantially impair or impede their ability to protect their interests. 58. Class certification is further appropriate under the AMWA because Defendant has acted and continues to act on grounds generally applicable to the members of the Class and all the requirements under Rule (a) and Rule (b)(3) of the Federal Rules of Civil Procedure are met. 59. Plaintiffs anticipate that there will be no difficulty in the management of this litigation. This litigation presents FLSA and AMWA claims of a type that have often been prosecuted on a class-wide basis, and the manner of identifying the Class and providing any monetary relief to it can easily be effectuated from a review of Defendant's records. VI. FIRST CLAIM FOR RELIEF (Individual Claims for Violation of FLSA) 60. Plaintiffs repeat and re-allege all the preceding paragraphs of this Original Complaint above, as if fully set forth herein. 61. Defendant required Plaintiffs to work off the clock but failed to pay Plaintiffs regular wages and overtime compensation for all of the off-the-clock hours. 62. Defendant deprived Plaintiffs regular wages and overtime compensation for all of the hours over forty (40) per week, in violation of the FLSA. 63. Defendant's conduct and practices, as described above, were willful, intentional, unreasonable, arbitrary and in bad faith. Page 12 of 19 Craig Lyons, et al. v. Conagra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-_ _ Original Complaint-Class Action Case 4:12-cv-00245-JM Document 1 Filed 04/24/12 Page 13 of 28 64. By reason of the unlawful acts alleged herein, Defendant is liable to each individual Plaintiff for monetary damages, liquidated damages and costs, including reasonable attorney's fees provided by the FLSA for all violations which occurred beginning at least three (3) years preceding the filing of Plaintiffs' initial complaint, plus periods of equitable tolling. 65. Alternatively, should the Court find that Defendant did not act willfully in failing to pay Plaintiffs as provided by the FLSA, Plaintiffs are entitled to an award of prejudgment interest at the applicable legal rate. VII. SECOND CLAIM FOR RELIEF (Individual Claims for Violation of AMWA) 66. Plaintiffs repeat and re-allege all the preceding paragraphs of the Complaint above, as if fully set forth herein. 67. Defendant required Plaintiffs to work off the clock but failed to pay Plaintiffs regular wages and overtime compensation for all of the off-the-clock hours. 68. Defendant deprived Plaintiffs regular wages and overtime compensation for all of the hours over forty (40) per week, in violation of the AMWA. 69. Defendant's conduct and practice, as described above, are and/or were willful, intentional, unreasonable, arbitrary and in bad faith. 70. By reason of the unlawful acts alleged herein, Defendant is liable to Plaintiffs for monetary damages, liquidated damages, prejudgment interest, civil penalties and costs, including reasonable attorney's fees provided by the AMWA. Page 13 of 19 Craig Lyons, et al. v. Conagra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-_ _ Original Complaint-Class Action.. Case 4:12-cv-00245-JM Document 1 Filed 04/24/12 Page 14 of 28 VIII. THIRD CLAIM FOR RELIEF (Class Action Claim for Violation of FLSA) 71. Plaintiffs repeat and re-allege all the preceding paragraphs of the Complaint above, as if fully set forth herein. 72. Defendant required Plaintiffs and similarly situated members of the Class to work off the clock but failed to pay Plaintiffs and the Class members regular wages and overtime compensation for all of the off-the-clock hours. 73. Defendant deprived Plaintiffs and the Class members regular wages and overtime compensation for all of the hours over forty (40) per week, in violation of the FLSA. 74. Defendant's conduct and practice, as described above, were/are willful, intentional, unreasonable, arbitrary and in bad faith. 75. By reason of the unlawful acts alleged herein, Defendant is liable to Plaintiff and similarly situated members of the Class for monetary damages, liquidated damages and costs, including reasonable attorney's fees provided by the FLSA. IX. FOURTH CLAIM FOR RELIEF (Class Action Claim for Violation of AMWA) 76. Plaintiffs repeat and re-allege all the preceding paragraphs of the Complaint above, as if fully set forth herein. Page 14 of 19 Craig Lyons, et al. v. Conagra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-_ _ Original Complaint-Class Action Case 4:12-cv-00245-JM Document 1 Filed 04/24/12 Page 15 of 28 77. Defendant required Plaintiffs and similarly situated members of the Class to work off the clock but failed to pay Plaintiffs and the Class members regular wages and overtime compensation for all of the off-the-clock hours. 78. Defendant deprived Plaintiffs and the Class members regular wages and overtime compensation for all of the hours over forty (40) per week, in violation of the AMWA. 79. Defendant's conduct and practice, as described above, were willful, intentional, unreasonable, arbitrary and in bad faith. 80. By reason of the unlawful acts alleged herein, Defendant is liable to Plaintiffs and similarly situated members of the Class for monetary damages, liquidated damages, prejudgment interest, civil penalties and costs, including reasonable attorney's fees provided by the AMWA. X. WILLFULNESS 81. All actions by Defendant were willful and not the result of mistake or inadvertence. 82. Defendant knew or should have known that the FLSA applied to their operation of its food plant at all relevant times. Defendant knew of or should have been aware of previous litigation and enforcement actions relating to wage and hour violations where the non-payment for donning and doffing under the FLSA was challenged. 83. Cases in support of the position taken by Plaintiffs in this lawsuit are many and are found throughout the country. Many of them meaningfully predate the Page 15 of 19 Craig Lyons, et al. v. Conagra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-_ _ Original Complaint-Class Action Case 4:12-cv-00245-JM Document 1 Filed 04/24/12 Page 16 of 28 intentional non-payment planned and committed by Defendant in this case, and some demonstrate that the food production industry is a repeated offender of this type of FLSA violation. IBP. Inc. v. Alvarez, 546 U.S. 21 (2005); Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680 (1946); Helmert. et al.. v. Butterball. LLC, 4:08-cv-0342-JLH (E. D. Ark 2008); Bouaphekeo v. Tyson Foods. Inc., 5:07-cv-04009-JAJ, (N.D. Iowa 2005). 84. Plaintiffs are aware of no cases which support Defendant's intentional non-payment of time spent donning and doffing Defendant's clothes and equipment. 85. In those prior cases, plant workers working under conditions similar to those employed by Defendant were determined to be entitled to compensation under the FLSA. 86. Despite being on notice of its violations, Defendant chose to continue to misclassify Plaintiffs and other members of the proposed collective class and withhold minimum (and overtime) wages to them in effort to enhance their profits. 87. Additionally, some Plaintiffs and some members of the proposed collective class from time to time complained to Defendant about the unlawfulness of Defendant's manner of payment and policies related to off-the-clock work. XI. JURY DEMAND 88. Plaintiffs and members of the Class demand a trial by a jury on all of the triable issues of this Complaint. Page 16 of 19 Craig Lyons, et al. v. Conagra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-_ _ Original Complaint-Class Action ·' Case 4:12-cv-00245-JM Document 1 Filed 04/24/12 Page 17 of 28 XII. PRAYER FOR RELIEF WHEREFORE, premises considered, Plaintiffs Craig Lyons, Justin Anderson, Tommy Applegate, Brandon Etzkorn, Gerald Fischer, Jr., James Geary, Wiliam Mars, Edward White and Khanthalyxay La Rasavong, on behalf of themselves each individually and for others similarly situated, respectfully pray for declaratory relief and damages as follows: (a) A declaratory judgment that Defendant Conagra's practices alleged herein violate the Fair Labor Standards Act, 29 U.S.C. §201, et seq., and attendant regulations at 29 C.F.R. §516 et seq. (b) A declaratory judgment that Defendant Conagra's practices alleged herein violate the Arkansas Minimum Wage Act, Ark. Code Ann. § 11-4-201, et seq. and the relating regulations. (c) Judgment for damages for all unpaid regular wages and overtime compensation under the Fair Labor Standards Act, 29 U.S.C. §201, et seq., and attendant regulations at 29 C.F.R. §516 et seq. (d) Judgment for damages for all unpaid regular wages and overtime compensation under the Arkansas Minimum Wage Act, Ark. Code Ann. § 11-4-201, et seq. and the relating regulations. (e) Judgment for liquidated damages pursuant to the Fair Labor Standards Act, 29 US. C. §201, et seq., and attendant regulations at 29 C.F.R. §516 et seq., in an amount equal to all unpaid regular wages and overtime compensation owed to Plaintiffs and members of the Class during the applicable statutory period. Page 17 of 19 Craig Lyons, et al. v. Conagra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-_ _ Original Complaint-Class Action.. Case 4:12-cv-00245-JM Document 1 Filed 04/24/12 Page 18 of 28 (f) Judgment for liquidated damages pursuant to the Arkansas Minimum Wage Act, Ark. Code Ann.§ 11-4-201, et seq. and the relating regulations. (g) Judgment for any and all civil penalties to which Plaintiffs and all other similarly situated employees may be entitled. (h) An order directing Defendant to pay Plaintiffs and members of the Class prejudgment interest, reasonable attorney's fees and all costs connected with this action. (i) Such other and further relief as this Court may deem necessary, just and proper. Page 18 of 19 Craig Lyons, et al. v. Conagra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-_ _ Original Complaint-Class Action Respectfully submitted, CRAIG LYONS, JUSTIN ANDERSON, TOMMY APPLEGATE, BRANDON ETZKORN, GERALD FISHER, JR., JAMES GEARY, WILLIAM MARS, EDWARD WHITE and KHANTHALYXAY LA RASAVONG, Each Individually and on Behalf of Others Similarly Situated, PLAINTIFFS SANFORD LAW FIRM, PLLC ONE FINANCIAL CENTER 650 S. SHACKLEFORD, SUITE 400 LITTLE ROCK, ARKANSAS 72211 PHONE: (501) 221-0088 FAX: (888) 787-2040 By: \~,_~~ Lydi Ham et Ark Bar No. 2011082 I dia@sanfordlawfirm com and Page 19 of 19 Craig Lyons, et al. v. Conagra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-_ _ Original Complaint-Class Action.. Case 4:12-cv-00245-JM Document 1 Filed 04/24/12 Page 20 of 28 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION CRAIG LYONS, JUSTIN ANDERSON, TOMMY APPLEGATE, BRANDON ETZKORN, GERALD FISHER, JR., JAMES GEARY, WILLIAM MARS, EDWARD WHITE and KHANTHALYXAY LA RASAVONG, Each Individually and on Behalf of Others Similarly Situated PLAINTIFFS vs. No. 4:12-CV-Jlf5:Jrtlfl') CONAGRA FOODS PACKAGED FOOD, LLC d/b/a CONAGRA FOODS DEFENDANT CONSENT TO JOIN COLLECTIVE ACTION I was an hourly employee at ConAgra Foods on or after April 24, 2009. I understand this suit is being brought under the Fair Labor Standards Act (FLSA) for overtime compensation. As an hourly employee at ConAgra Foods, I consent to becoming a party plaintiff to this lawsuit, to be represented by Sanford Law Firm, PLLC, and to be bound by any settlement of this action or adjudication of the Court. I declare under penalty of perjury that the foregoing is true and correct./s/Craig Lyons 1011 North Denver Avenue CRAIG LYONS Russellville. Arkansas 72801 Date: April 24, 2012 EXHIBIT A ·' Case 4:12-cv-00245-JM Document 1 Filed 04/24/12 Page 21 of 28 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION CRAIG LYONS, JUSTIN ANDERSON, TOMMY APPLEGATE, BRANDON ETZKORN, GERALD FISHER, JR., JAMES GEARY, WILLIAM MARS, EDWARD WHITE and KHANTHALYXAY LA RASAVONG, Each Individually and on Behalf of Others Similarly Situated PLAINTIFFS vs. No. 4: 12-CV-~45 J rt\~ CONAGRA FOODS PACKAGED FOOD, LLC d/b/a CONAGRA FOODS DEFENDANT CONSENT TO JOIN COLLECTIVE ACTION I was an hourly employee at ConAgra Foods on or after April 24, 2009. I understand this suit is being brought under the Fair Labor Standards Act (FLSA) for overtime compensation. As an hourly employee at ConAgra Foods, I consent to becoming a party plaintiff to this lawsuit, to be represented by Sanford Law Firm, PLLC, and to be bound by any settlement of this action or adjudication of the Court. I declare under penalty of perjury that the foregoing is true and correct. Is/Justin Anderson 292 Carothers Lane JUSTIN ANDERSON Russellville, Arkansas 72802 Date: April 24, 2012 EXHIBIT A.; Case 4:12-cv-00245-JM Document 1 Filed 04/24/12 Page 22 of 28 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION CRAIG LYONS, JUSTIN ANDERSON, TOMMY APPLEGATE, BRANDON ETZKORN, GERALD FISHER, JR., JAMES GEARY, WILLIAM MARS, EDWARD WHITE and KHANTHALYXAY LA RASAVONG, Each Individually and on Behalf of Others Similarly Situated PLAINTIFFS vs. No. 4: 12-CV-J,t\5 J'l"Or\ CONAGRA FOODS PACKAGED FOOD, LLC d/b/a CONAGRA FOODS DEFENDANT CONSENT TO JOIN COLLECTIVE ACTION I was an hourly employee at ConAgra Foods on or after April 24, 2009. I understand this suit is being brought under the Fair Labor Standards Act (FLSA) for overtime compensation. As an hourly employee at ConAgra Foods, I consent to becoming a party plaintiff to this lawsuit, to be represented by Sanford Law Firm, PLLC, and to be bound by any settlement of this action or adjudication of the Court. I declare under penalty of perjury that the foregoing is true and correct./s/Tommy Applegate 200 East K Street. Apt. E TOMMY APPLEGATE Russellville. Arkansas 72801 Date: April 24, 2012 EXHIBIT A.---------------------------------------------Case 4:12-cv-00245-JM Document 1 Filed 04/24/12 Page 23 of 28 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION CRAIG LYONS, JUSTIN ANDERSON, TOMMY APPLEGATE, BRANDON ETZKORN, GERALD FISHER, JR., JAMES GEARY, WILLIAM MARS, EDWARD WHITE and KHANTHALYXAY LA RASAVONG, Each Individually and on Behalf of Others Similarly Situated PLAINTIFFS vs. No. 4:12-CV-~5.._-:YrnP'l CONAGRA FOODS PACKAGED FOOD, LLC d/b/a CONAGRA FOODS DEFENDANT CONSENT TO JOIN COLLECTIVE ACTION-I was an hourly employee at ConAgra Foods on or after April 24, 2009. I understand this suit is being brought under the Fair Labor Standards Act (FLSA) for overtime compensation. As an hourly employee at ConAgra Foods, I consent to becoming a party plaintiff to this lawsuit, to be represented by Sanford Law Firm, PLLC, and to be bound by any settlement of this action or adjudication of the Court. I declare under penalty of perjury that the foregoing is true and correct. Brandon Etzkorn 1940 South Elmira. Ave. Apt 309 BRANDON ETZKORN Russellville, Arkansas 72801 Date: April 24, 2012 EXHIBIT A---------------------·I Case 4:12-cv-00245-JM Document 1 Filed 04/24/12 Page 24 of 28 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION CRAIG LYONS, JUSTIN ANDERSON, TOMMY APPLEGATE, BRANDON ETZKORN, GERALD FISHER, JR., JAMES GEARY, WILLIAM MARS, EDWARD WHITE and KHANTHALYXAY LA RASAVONG, Each Individually and on Behalf of Others Similarly Situated PLAINTIFFS vs. No. 4:12-CV-Jlf'5.::frr>ft\ CONAGRA FOODS PACKAGED FOOD, LLC d/b/a CONAGRA FOODS DEFENDANT CONSENT TO JOIN COLLECTIVE ACTION I was an hourly employee at ConAgra Foods on or after April 24, 2009. I understand this suit is being brought under the Fair Labor Standards Act (FLSA) for overtime compensation. As an hourly employee at ConAgra Foods, I consent to becoming a party plaintiff to this lawsuit, to be represented by Sanford Law Firm, PLLC, and to be bound by any settlement of this action or adjudication of the Court. I declare under penalty of perjury that the foregoing is true and correct./s/Gerald Fischer. Jr. 401 East Gum Street GERALD FISCHER, JR. Russellville. Arkansas 72802 Date: April 24, 2012 EXHIBIT A., Case 4:12-cv-00245-JM Document 1 Filed 04/24/12 Page 25 of 28 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION CRAIG LYONS, JUSTIN ANDERSON, TOMMY APPLEGATE, BRANDON ETZKORN, GERALD FISHER, JR., JAMES GEARY, WILLIAM MARS, EDWARD WHITE and KHANTHALYXAY LA RASAVONG, Each Individually and on Behalf of Others Similarly Situated PLAINTIFFS vs. No. 4:12-CV-dl/5 ~~ CONAGRA FOODS PACKAGED FOOD, LLC d/b/a CONAGRA FOODS DEFENDANT CONSENT TO JOIN COLLECTIVE ACTION I was an hourly employee at ConAgra Foods on or after April 24, 2009. I understand this suit is being brought under the Fair Labor Standards Act (FLSA) for overtime compensation. As an hourly employee at ConAgra Foods, Inc., I consent to becoming a party plaintiff to this lawsuit, to be represented by Sanford Law Firm, PLLC, and to be bound by any settlement of this action or adjudication of the Court. I declare under penalty of perjury that the foregoing is true and correct. Is/James Geary 901 North Knoxville Avenue JAMES GEARY Russellville. Arkansas 72801 Date: April 24, 2012 EXHIBIT A.; Case 4:12-cv-00245-JM Document 1 Filed 04/24/12 Page 26 of 28 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION CRAIG LYONS, JUSTIN ANDERSON, TOMMY APPLEGATE, BRANDON ETZKORN, GERALD FISHER, JR., JAMES GEARY, WILLIAM MARS, EDWARD WHITE and KHANTHALYXAY LA RASAVONG, Each Individually and on Behalf of Others Similarly Situated PLAINTIFFS vs. No. 4: 12-CV-a45 J rl'\ct"l CONAGRA FOODS PACKAGED FOOD, LLC d/b/a CONAGRA FOODS DEFENDANT CONSENT TO JOIN COLLECTIVE ACTION I was an hourly employee at ConAgra Foods on or after April 24, 2009. I understand this suit is being brought under the Fair Labor Standards Act (FLSA) for overtime compensation. As an hourly employee at ConAgra Foods, Inc., I consent to becoming a party plaintiff to this lawsuit, to be represented by Sanford Law Firm, PLLC, and to be bound by any settlement of this action or adjudication of the Court. I declare under penalty of perjury that the foregoing is true and correct./s/William C. Mars 1207 South El Paso WILLIAM C. MARS Russellville. Arkansas 72801 Date: April 24, 2012 EXHIBIT A.. Case 4:12-cv-00245-JM Document 1 Filed 04/24/12 Page 27 of 28 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION CRAIG LYONS, JUSTIN ANDERSON, TOMMY APPLEGATE, BRANDON ETZKORN, GERALD FISHER, JR., JAMES GEARY, WILLIAM MARS, EDWARD WHITE and KHANTHALYXAY LA RASAVONG, Each Individually and on Behalf of Others Similarly Situated PLAINTIFFS vs. No. 4: 12-CV-Jlf5 J'f'1lYl CONAGRA FOODS PACKAGED FOOD, LLC d/b/a CONAGRA FOODS DEFENDANT CONSENT TO JOIN COLLECTIVE ACTION I was an hourly employee at ConAgra Foods on or after April 24, 2009. I understand this suit is being brought under the Fair Labor Standards Act (FLSA) for overtime compensation. As an hourly employee at ConAgra Foods, Inc., I consent to becoming a party plaintiff to this lawsuit, to be represented by Sanford Law Firm, PLLC, and to be bound by any settlement of this action or adjudication of the Court. I declare under penalty of perjury that the foregoing is true and correct. Is/Edward A. White 366 Will Baker Road EDWARD A. WHITE London. Arkansas 72847 Date: April 24, 2012 EXHIBIT A Case 4:12-cv-00245-JM Document 1 Filed 04/24/12 Page 28 of 28 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION CRAIG LYONS, JUSTIN ANDERSON, TOMMY APPLEGATE, BRANDON ETZKORN, GERALD FISHER, JR., JAMES GEARY, WILLIAM MARS, EDWARD WHITE and KHANTHALYXAY LA RASAVONG, Each Individually and on Behalf of Others Similarly Situated PLAINTIFFS vs. No. 4: 12-cv-alts-0~\'1\ CONAGRA FOODS PACKAGED FOOD, LLC d/b/a CONAGRA FOODS DEFENDANT CONSENT TO JOIN COLLECTIVE ACTION I was an hourly employee at ConAgra Foods on or after April 24, 2009. I understand this suit is being brought under the Fair Labor Standards Act (FLSA) for overtime compensation. As an hourly employee at ConAgra Foods, I consent to becoming a party plaintiff to this lawsuit, to be represented by Sanford Law Firm, PLLC, and to be bound by any settlement of this action or adjudication of the Court. I declare under penalty of perjury that the foregoing is true and correct./s/Khanthalvxay La Rasavong 396 Mount Zion Road KHANTHALYXAY LA RASAVONG Russellville. Arkansas 72802 Date: April 24, 2012 EXHIBIT A

SIXTH AMENDED AND SUBSTITUTED COMPLAINT with Jury Demand against All Defendants, filed by All Plaintiffs.(mcz) (Docket text modified on 2/21/2013 to correct the description of the document filed.)

Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 1 of 301 FILED US DISH<ICT COURT EASTERN D!S TC<iCT!\R NS S IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JAME WESTERN DIVISION By:~::::::.....~=---ti~ CRAIG LYONS, JUSTIN ANDERSON, TOMMY APPLEGATE, BRANDON ETZKORN, GERALD FISHER, JR., JAMES GEARY, WILLIAM MARS, EDWARD WHITE, KHANTHALYXA Y LA RASAVONG, RICHARD CASEY, GARY MARS, PHA NANTHALANSY, ANONG NANTHALANSY, AMY ANDERSON, BOBBY ANDERSON, LARRY DODSON, MICHAEL HINMAN, LISA JONES, BRIAN MASSEY, BRADLEY MAYFIELD, WANDA THOMPSON, MARY WEWER, ALAN YOUNG, CONNIE CARRINGTON, DEBRA CARTER, SHIRLEY CATO, LEONARD COFFMAN, LINDA COFFMAN, FREDDIE COGBURN, JR., LYNDA COLLINS, EZELL COTTON, JOHN COWEN, SHARON CURTIS, CHARLES DAVIS, PAM EVANS, CECIL FOSTER, JR., SHARON FREEMAN, WILMA GARRISON, PATRICIA HAMILTON, TAMMY HUDSON, JEREMY JONES, MARILYN JONES, HELEN LANDENBERGER, MECHELLE LOVEJOY, ONITA MARTIN, BRENDA MATHIS, SYLVIA MCVAY, SHANNON C. MIXON, JEFFERY MONTELEONE, PATRICIA NELSON, CATHY PARKER, ANGELA PATRICK, PAUL RODRIGUEZ, MARGIE SEXTON, GENELLA SMITH, SCOT SMITH, NANCY SORENSON, ANGELA THOMPSON, KENNETH THOMPSON, DENNIS WEIR, DOUG WHEATLEY, RAMIRO ALONSO, SIRINA ARIAS, RAYMOND DAVIS, MONICA DELEON, BRENT DUVALL, DAVID GLOVER, KATIE HENCY, HOLLY JOHNSON, SANDRA KELLYBREW, PHYLLIS LANOY, AMANDA MARTIN, ALICIA PARTIDA, DORA PERDIDO-RUSSELL, CATHY RADCLIFF, DIANA ROESLER, CHRIS RUSSELL, BRIAN TARKINGTON, JULIE TURLEY, MICHELE TURNER, LAURA WASHINGTON, PAULA WILSON, STEVE WILSON, DARIO ABARCA, VERONICA ALVARADO ABARCA, JOSE ALEMAN, GEORGINA ALEXANDER, PIERRE ALEXANDER, BENJAMIN ALEY, JOSE LUIS OCHOA ALVARADO, JUAN ARIAS ALVARENGA, MERCEDES ALVARENGA, BEATRIZ AMBROSIO, PORFIRIO APARICIO, ANGELA M. APPLEGATE, ALEX A. ARIAS, ANDRES ARREDONDO, RATAEL ALVARADO ARRELLANO, GEARLD AUSTIN, KAREN AUSTIN, MARIA AVILA, LAURA BETH BALCH, ROBIN BARRIENTOS, NORA BARRIOS, REGINA BATTERSHELL, BRENDA BELL, MARIE BELL, GEORGE PHILIP BENGE, ROBERT BEWLEY, ALEXANDER BLANDON, ALEX A. BONILLA, TYLER BRAFFORD, PAUL BRAGG, CHRISTINE BRISTOL, ANTHONY A. BROWN, EARNEST LEE BROWN, LENARD RAY BROWN, CONNIE DENISE BRYANT, CAROLYN BURDINE, DONALD BYERS, UBILBERTO CABALLERO, ARMANDO ARIAS, Page 1 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 2 of 301 ELDER R. CABRERA, LINDA CALVIN, MERCEDES E. CAMPOS, VICENTE CAMPOS, RODOLFO CANALES, ALBERTO CARGAS A.K.A. ALBERTO VARGAS, MERCEDES CASTRO, JORGE CHICA, RICHARD CHOATE, JAMES M. CHRISTEN, WILLIAM CLAIR, RANDY DEWAYNE CLARK, DEBRA COONCE, DON CONDLEY, JESSIE COOPER, JENNY L. CORONA, WARREN COWEN, ERNESTO ANTONIO CRISOSTOMO, ERIC CRISWELL, SR., NANCY CRUZ, NELSON A. CRUZ, SAMUEL AVILACRUZ, CHARLOTTE CUMMINGS, CLIFFORD HAROLD DAVIS, EDDIE NEIL DAVIS, ELLIS CHRISTOPHER DAVIS, SR., CLAUDIADE PAZ, GAIL DEBARDELABEN, VICTOR DELGADO, RUTH DEMMITT, BARBARA DEVORE, CARLOS DIAZ, DONNA DIGGS, BARBARA A. DUGGER, LEONARD DURHAM, INDIA DUVALL, JODIE EDWARDS, DOY ENGLAND, CARLA ESCOBAR, HELEN FARMER, MIGUEL FIGUEROA, JOANNA KAY FORD, ROXANNE FOSTER, GARLAND FREEMAN, JR., RANDY FREEMAN, VELMA FREEMAN, PAMELA FREITAS, JOSHUA TYLER THOMAS FRYAR, KATHY FRYAR, RICHARD FRYAR, FEDERICO FUENTES, STEPHEN GADBERRY, AURORA GARCIA, ELIZABETH GARCIA, IGNACIO T. GARCIA, JR., PATRICIA MORALES GARCIA, CHARLIE GEORGE, JAMES MICHAEL GEORGE, VIOLET GERMANY, TIM GIST, DEBBIE GLASS, DELFINO GONZALEZ, ELOY GONZALEZ, JR., JOSE GONZALEZ, LETICIA GONZALEZ, LUIS GONZALES, NESTOR GONZALEZ, OSCAR GONZALEZ, LINDA GRIFFIN, MARSHA HACKLER, CARRIE HALEY, NANCY ANN HAVENSTRITE, VICTORIA MAE HEATON, NANCY HENTSCHEL, ALEXANDER B. HERNANDEZ, JOSE LUIS HERNANDEZ, MARIBEL HERNANDEZ, ROSA M. HERRERA, DONALD HILL, RANDALL HILLIS, CONNIE HOLLIS, WILLIAM HOLMES, DONNAL L. HUDSON, NATASHA HUTCHERSON, STEPHANIE JACKSON, SUNNYJAMES, WAYMAN JAMES, DONNA G. JOHNSON, LAURA JOHNSON, MARIANNE JOHNSON, JOAN JOHNSTON, ARTEMIO JUAREZ, LINDA JULIAN, REBECCA LACY, CELINA LAMA, MARTA LARA, SONYA SUE LEAVELL, DENNIS LEMARR, IRVIN LEMARR, CAROL JEAN LIEVSAY, DONNA S. LONG, ABDON LOZANO, DEBORAH MAHAN, JORGE A. MARCIA, ANTONIO PAZ MARES, ALICIA MARTIN, ADRIANA MARTINEZ, AGUSTIN MARTINEZ, CARLOS MARTINEZ, CARLOS D. MARTINEZ, JOHN MASON, BEN MATURINO, JUDY C. MCCLURE, TOMMY MCCLURE, CYNTHIA DIANNE MCDANIEL, BONNIE MCNAMARA, LINDA MCPHERSON, JOSE MEJIA, SUSANA MEJIA, DARLENE MELTON, ADRIANNA MENA, OSCAR ARMANDO MENA, MARIA E. MENJIVAR, JARMAN MOODY, JESUS MORALES, JOSE A. MORALES, JUAN CARLOS MORALES, MARIA DEL CARMEN MORALES, MARLON GARCIA MORALES, WALTER MORALES, DOMINGO MORAN, TAMMY MORTON, ELIZABETH MOUDY, CARRIE MURCHISON, IGNACIO MURILLO, CYNTHIA NELSON, PRISCILLA J. NOBLETT, BETTY NORRIS, WAYNE O'BRIANT, JOSE LUIS OCHOA, JOSEFINA OCHOA, Page 2 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 3 of 301 JUAN OCHOA, RAUL OCHOA, DEBRA OLIVER, SHARON LYNNETTE OLIVER, WALTER DANILO ORRELLANA, MAGALY ORELLANO, RAUL RODRIGUEZ OROZCO, TOMMY PARKS, MYRNA G. PARTIDA, ALFONSO PAZ, JUAN PAZ, RODOLFO PAZ, LILA DEAN PEASE, DANNY L. PENDERGRAFT, VICENTE PEREZ, CINDY PHALAN, EDITH PLEDGER, JOSH POIRIER, DAVID PORTILLO, TEODORO PORTILLO, MARY L. PRICE, RENEE QUALLS, MANUEL RAMIREZ, RICARDO RAMOS, EDDIE RENIER, CARRIE REYES, GERORDO REYES, DAVID RICE, EDWIN RIVAS, JAEL RIVERA, MARLON RIVERA, MAYRA RIVERA-ENRIQUEZ, JIMMY ROBERDS, LEONA ROBERDS, PERRY ROBERSON, EDWARD ROBINSON, BELINDA RODRIGUEZ, BLANCA RODRIGUEZ, GREGORIO RODRIGUEZ, JORGE PAZ RODRIGUEZ, TAMMY ROGERS, ANA ROMERO-URQUILLA, ANTONIO ROSALES, FRANCSICO ROSALES, TERESA ROSBIA-LAWS, JUANA SALAS, MARIA SALAS, TEODORA SALAS, JOSE D. SANCHEZ, SHEILA SANCHEZ, KAREN SANDERS, XIOMARA SANDOVAL, OMAR JOVAN F. SCOTT, JOSE SEGOVIA, MAYRA SIERRA, MARY SMITH, ZENASSMITH, SR., SAMMY SMITH, BETTY SORIANO, MARVIN M. SORIANO, KIMBERLEY ANN STEWART, KRYSTAL STRANDLUND, PAUL J. STRNAD, DAVIDA ELAINE SUMMIT, JUDY SUMMIT, ELIZABETH TAYLOR, LINDA TAYLOR, REBECCA TAYLOR-GARRIGUS, SHEILA ANN TENANGO, LEONARD NORMAN THOMPSON, LUZ DARY TORRELLAS, HECTOR TORRES, RONAN F. TORRES, CLEM TUCKER, Ill, IDA L. TUCKER, FABIO VALLADARES, MAYRA VAZQUEZ, ANGELICA VELAZQUEZ, JEAN WAGNER, CINDY WELLS, CHARLES WHITE, JOHNNY D. WILLCUTT, ASHLEY WILLIAMS, DESSIE WILLIAMS, JENNIFER WILLIAMS, LILLIA WILLIAMS, MICHAEL WILLIAMS, CHERYL T. WINDSOR, KELLEY WINKLE, LANNY WOOTEN, BARBARA WRIGHT, JAMES WRIGHT, JOSEPH WRIGHT, VALERIE YANDELL, JAMES M. YOUNGMAN, BERTHA ABREGO, ROSE ACREE, WILLIAM AKENS, ESPARANZA ALCANTAR, ORLANDO ALCANTAR, FULVIA ALEMAN, DAVID ALEXANDER, MARVIN ALEXANDER, JUAN ALFARO, JORGE ALONZO, JUANA ALVARADO, MIGUEL ALVARADO, ROBERTO ALVARADO, MARIA S. ALVARENGA, MARTHA ALVAREZ, VICTOR ALVIDREZ, ISRAEL A. AMAYA, CHRISTOPHER ANDERSON, KIMBERLY ANDERSON, ZACHARY ANDERSON, JORGE ANDRADE, DANIEL APANAVICIUS, JOSE ARCIA, ALFREDO ARIAS, JOSEFINA ARIAS, BARBARA ARNOLD, ALAN ARRINGTON, ARTEMIO AVALOS, REBEKAH AVERY AS ADMINSTRA TOR OF THE ESTATE OF SAMUEL AVERY, DECEASED, IRMA AVILA, CESAR AYALA, DINA AYALA, SABINO BAHENA, NATHAN BALCH, KENNETH BARNES, CAROL BARNETT, CALLIE BARTLETT, LAURA BAUGH, LESTER BAUGH, FRANSISCO BAUTISTA, BRENDA BEECH, DOUGLAS BEECH, KEITH BELL, MARCO BELMONTE, FRANKLIN BELTRAN, DENNIS BERRY, CHONG BEWLEY, JOHN BEWLEY, TOM BIRGE, JR., CHRISSIE BISHOP, SARAH BOHLIER, RANDALL BOLEY, ROSA BONILLA DE REYES, JOSE BONILLA, MARIA Page 3 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 4 of 301 BONILLA, SALVADOR BONILLA, ROBERT BOWDEN, MARK BRASHEAR, DORA BROCKMAN, JACQUELENE BROOKS, LORI BROOKS, GARY BROWN, JERRY BROWN, LINDA BROWN, THEODORE BRUCE, JR., CURTIS BRUNSTON, CLAY BRYANT, GRACE BRYANT, DANNY BURTON, RACHEL BURTON, FRANCINE BYERS, KEITH BYRUM, MEDARDO CALERO, MYRNA CALITO, LLOYD CALLAN, GARY CANADY, GENE CANADY, CARLOS CARRILLO, GLENDY CARRILLO, MIKE CARRILLO, SANDRA CARRILLO, RUDY CASTILLO, ESMERALDA CAVAZOS, ASHANTI CHENAULT, PATRICIA CHENOWITH, CHRIS CHILDERS, CHERYL CHRONISTER, WILLIAM CLARK, MARY COFFMAN, TELLAS COLLIER, BARBARA COLLINS, SHANNON COLLINS, DAVID CONNER, DAVID COOK, JOYCE COOK, LINDA COOK, FELISHA COOPER, FREDA COSSEY, DENISE CRAIN, CARRIE CRAWFORD, JUAN CRISOSTOMO, JUSTIN CRISWELL, RUTH CRISWELL, WANZA CROSS, TIMOTHY DAVIDSON, ELLIS DAVIS, JR., KEETON DAVIS, KRISTINA DAVIS, ROBERT DELAVAN, HELEN DIAZ, JACINTO DIAZ, JULIANNA DITTON, ROBERT DITTON, ROSA DIXON, HEATH DOLLAR, EMERSON DOMINGUEZ-OSORIO, MARIO DORATT, ALICE DORSETT, LEE DORSEY, CARLOS DUARTE, KATHERINE DUVALL, JIMMY EARLS, RACHEL EDLIN, BONITA EMBRY, DEIRDRE EMBRY, SUSAN EMERY, CHRISTIAN ENRIQUEZ, IRLANDA ESPINOZA, JOHNNY FLOREN, KAREN FORD, JOHNNIE FOSTER, WILLIAM FOSTER, CARYL FOWLER, RANDY FOWLER, DEBRA FREEMAN, FLOYD FREEMAN, JEFFERY FREEMAN, LAWRENCE FREEMAN, MICHAEL FREEMAN, WILLIAM FREEMAN, YONG GABHART, DANNY GALLAHER, KATHY GARRIGUS, SAMUEL GENNA, HEIDI GERING, IRMA GIRAN, ISIDRO GODOY, REBECA GODOY, ERNEST GOINS, CELIA GONZALEZ, EDIN GONZALEZ, JOSE H. GONZALEZ, MARIA GONZALEZ, LINDA GREER, THERESA GRIGSBY, ROSA GUTIERREZ, KRISTY HAGAN, DAVID HARDIN, LONNIE HARRIS, TRAVIS HARVEY, CATHY HEFLIN, DYANA HEFNER, HERMES HENRIQUEZ, BRENDA HERNANDEZ, CARMEN HERNANDEZ, GUADALUPE HERNANDEZ, HENRY HERNANDEZ, JUAN HERNANDEZ, MARIA HERNANDEZ, MERCEDES HERNANDEZ, RAUL HERNANDEZ, RENE HERNANDEZ, ROSA HERNANDEZ, VICKIE HIGGINS, EDDIE HILL, GUY HILL, PAMELA HILL, STEPHANIE HILLIS, MELVIN HIRTLER, JERRY HOLLAND, DENISE HON, JERRY HONAKER, SR., TOMMY HONAKER, KIMBERLY HOPSON, GENNIFER HORN, BERNICE HOWARD, DAVID HUARANGA, CAROL HUGGINS, ANNA HUGHES, MARY HUGHES, KRYSTAL HUMPHREY, REBECCA IRWIN, ROSA IZAGUIRRE, FRANKIE JACKSON, PAUL JACKSON, LORI JAMES, JORGE JOBEL, CLINTON JONES, CRISTY JONES, BERNABE JOVEL, CECIL KEITH, DANIEL KELLEY, DUSTIN KEMP, LEMUEL KEYS, REBA KING, SHEREACIA KINNON, CHRISTINA KUGLER, OMAR LAGOS, ROXANA LAGOS, CHARLES LANE, DEANN LAYMON, TONY LAYMON, BOBBY LEDFORD, JR., KIMBERLY LEE, WILLIAM LEE, DEBRA LENHART, MICHAEL LEVEL, MIAO-HUA LIN, JOHNNY LITSEY, JERRAD LITTRELL, JOSE LOAEZA, GARRY LOPEZ, GLORIA LOPEZ, RICHARD LOVE, SR., LESLIE LOVELAND, ABDON LOZANO, JR., MARIO LOZANO, Page 4 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 5 of 301 PAMELA LUTE, REINA MARCOS, ROSA MARES, CAROLINA MARTINEZ, FELIPE MARTINEZ, ROSA MARTINEZ, SANTIAGO MARTINEZ, SAUL MARTINEZ, RAQUIEL MASTERS, SANDRA MATA, BARBARA MATTHEWS, EARL MATTHEWS, MELVIN MAXWELL, EMERITA MAY, CARLA MCALISTER, CHERYL MCGEE, ANGELA MCVEY, VELMA MEADOWS, INEDA MEIMERSTORF, EDWIN MELGAR, JOSEPH MELTON, JOYCE METZ, DIANE MISENER, SANDRA MOLLOY, TERESA MONTELEONE, LOURDES MONTESINOS, MARTHA MONTOYA, SILVESTRE MONTOYA, SAMUEL MOORE, TERRY MOORE, GILBERTO MORALES, JASON MORALES, JOSE MORALES-HERRERA, SHERRY MORELL, SAMUEL MORGAN, ANGELA MORO, RHONDA MORRIS, AMANDA MORSE, KATIE MOSS, MARY MOTEN, BILL MOULDER, CHRISTOPHER MYERS, AMANDA NAVARRETE, JOSE NAVARRETE, SYLVIA NAVARRETE, JOSE NAVARRO, ERIC NEATEROUS, JANICE NEEDHAM, MICHAEL NEUMEIER, ALAN NEWBY, STAN NICHOLS, ERICA NIETO, JIMMIE NOAH, KAREN NOBLE, SABRINA O'BRIANT, DAVID O'NEAL, GERMANUS ORNDORFF, Ill, MARIA ORTIZ, CELIA OSORIO, AUSTIN PADGETT, VICTOR PADILLA-RIVERA, ZOLAIDA PALACIOS, BETTY PALMER, JUAN PARADA, LESLIE PAREDES, CAROLYN PARRISH, DAVID PAZ, SHERRY PEARCE, BOBBY PEARSON, JIMMY PEASE, RENA PENDERGRAFT, RONNIE PEOPLES, LYNN PHIPPS, SHARON PHILLIPS, JEREMY PIERCE, ELENILSON PONCE, GRANT POPLIN, VIC KEY POWELL, JACK PROCTOR, LACEY QUALLS, BILLY RALLS, JR., BRENDA RAMIREZ, OSMIN RAMIREZ, RAFAEL RAMIREZ, JEFF RAPPE, TERESA RAUDA, KA THARINA REED, FILEMON RENDON, MARIA RENDON, ELIZABETH REYES, IRIS REYES, JOSE REYES, LORENZO REYES, LUIS REYES, MARIA REYES, MARIA C. REYES, FRANCISCO REYNA, WILLIAM RICHARDS, ROSALIO RIVAS, FRANCISCO RIVERA, TREVA ROBERDS, WILLIAM ROBERDS, JEREMY ROBINSON, JUDY ROBINSON, BALDEMAR ROBLES, KATHERINE ROCHELL, PEGGY RODRIGUEZ, JEROME ROESLER, MICHAEL ROGERS, PATRICIA ROGERS, PEDRO ROJAS, RICARDO ROJAS, EVA ROMERO, IDALIA ROMERO, TOMAS ROMERO, LINDA ROMINE, SHIRLEY ROMINE, MATTIE ROMINES, JOSE RUIZ, GERMAN SANABRIA, MARINA SANABRIA, HOLLY SANCHEZ, FRANK SEARS, KRISTY SEARS, RAFAEL SEGURA, GLORIA SHAFER, RICKEY SHAFFER, WILLIAM SHELTON, ALLEN SIDDALL, EMILY SIMMONS, KENNETH SIMPSON, KATHRYN SIMS, MAHOGANY SMITH, PRESTON SMITH, RHEBA SMITH, JAMES SNOW, GLORIA SNYDER, RAFAEL SORTO, FRANK SOSA, JOSEPH SOUTH, SANDY SOUVANNAKHOT, TERRI STAGGS, JAMES STANDRIDGE, BRUCE STANLEY, RACHELLE STANLEY, JOSEPH STEVENS, REGINA STEWART, DENNIS STROUD, GREGORIO SUAREZ, JERRY SWILLEY, GUADALUPE TALAMANTES, LINDA TANNER, TINA TANNER, BARBARA TAURONE, SAMANTHA TAVAREZ, PAUL TAYLOR, JAIME TEJADA, ROBERT TEMPLIN, MARY TENNISON, MICHAEL TENNISON, LORI TERRY, PHILLIP THOMPSON, JR., RICHARD TILLERY ANTONIO TORRES, MICHELLE TORRES, RAUL TOVAR, URIEL TOVAR, JESSICA Page 5 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 6 of 301 TRISTE, ROSEMARY TULLOUS, ZACH UNDERWOOD, PHYLLIS USHERY, CHRISTIAN VALLADARES, MANUEL VALLADARES, LOU ANN VASQUEZ, JOSHUA VAUGHAN, WANDA VAUGHAN, HIPOLITA VELASQUEZ, MARIA VELAZQUEZ, MORENA VILLACORTA, RUBEN VILLACORTA, MELVIN VINSON, KHAMPHAY VISATHEP, PHOUVIENG VISATHEP, KENNETH VOLZ, GERALD VONGPRACHANH, RICHARD WALKER, ANITA WATSON, RONNIE WATTS, LARRY WILEY, JACQUELYN WILLCUTT, CHARLES WILLIAMS, JERRY WILLIAMS, NICOLE WILLIAMS, VICKY WILLIAMS, ERIC WILSON, DIANE WINTON, MATTHEW WOLFE, MATT WOOD, SHERRY WOOD, RHONDA WOODY, STEVEN XAYADETH, MARIANO YANES, SERGIO ZAMORA, JUAN ZAVALA, AND BALENTIN ZELAYA, Each Individually and on Behalf of Others Similarly Situated vs. No. 4: 12-cv-245-JMM CONAGRA FOODS PACKAGED FOODS, LLC d/b/a CONAGRA FOODS DEFENDANT SIXTH AMENDED AND SUBSTITUTED COMPLAINT-CLASS ACTION COME NOW Plaintiffs Craig Lyons, Justin Anderson, Tommy Applegate, Brandon Etzkorn, Gerald Fischer, Jr., James Geary, William Mars, Edward White, Khanthalyxay La Rasavong, Richard Casey, Gary Mars, Pha Nanthalansy, Anong Nanthalansy, Amy Anderson, Bobby Anderson, Larry Dodson, Michael Hinman, Lisa Jones, Brian Massey, Bradley Mayfield, Wanda Thompson, Mary Wewer, Alan Young, Connie Carrington, Debra Carter, Shirley Cato, Leonard Coffman, Linda Coffman, Freddie Cogburn, Jr., Lynda Collins, Ezell Cotton, John Cowen, Sharon Curtis, Charles Davis, Pam Evans, Cecil Foster, Jr., Sharon Freeman, Wilma Garrison, Patricia Hamilton, Tammy Hudson, Jeremy Jones, Marilyn Jones, Helen Landenberger, Mechelle Lovejoy, Onita Martin, Brenda Mathis, Sylvia McVay, Shannon C. Mixon, Jeffery Monteleone, Patricia Nelson, Cathy Parker, Angela Patrick, Paul Rodriguez, Margie Sexton, Genella Smith, Scot Smith, Nancy Sorenson, Angela Thompson, Page 6 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 7 of 301 Kenneth Thompson, Dennis Weir, Doug Wheatley, Ramiro Alonso, Sirina Arias, Raymond Davis, Monica Deleon, Brent Duvall, David Glover, Katie Heney, Holly Johnson, Sandra Kellybrew, Phyllis Laney, Amanda Martin, Alicia Partida, Dora Perdido-Russell, Cathy Radcliff, Diana Roesler, Chris Russell, Brian Tarkington, Michele Turner, Julie Turley, Laura Washington, Paula Wilson, Steve Wilson, Daria Abarca, Veronica Alvarado Abarca, Jose Aleman, Georgina Alexander, Pierre Alexander, Benjamin Aley, Jose Luis Ochoa Alvarado, Juan Arias Alvarenga, Mercedes Alvarenga, Beatriz Ambrosio, Porfirio Aparicio, Angela M. Applegate, Alex A. Arias, Andres Arredondo, Ratael Alvarado Arrellano, Gearld Austin, Karen Austin, Maria Avila, Laura Beth Balch, Robin Barrientos, Nora Barrios, Regina Battershell, Brenda Bell, Marie Bell, George Philip Benge, Robert Bewley, Alexander Blandon, Alex A. Bonilla, Tyler Brafford, Paul Bragg, Christine Bristol, Anthony A. Brown, Earnest Lee Brown, Lenard Ray Brown, Connie Denise Bryant, Carolyn Burdine, Donald Byers, Ubilberto Caballero, Armando Arias, Elder R. Cabrera, Linda Calvin, Mercedes E. Campos, Vicente Campos, Rodolfo Canales, Alberto Cargas A.K.A. Alberto Vargas, Mercedes Castro, Jorge Chica, Richard Choate, James M. Christen, William Clair, Randy Dewayne Clark, Don Condley, Debra Coonce, Jessie Cooper, Jenny L. Corona, Warren Cowen, Ernesto Antonio Crisostomo, Eric Criswell, Sr., Nancy Cruz, Nelson A. Cruz, Samuel Avila Cruz, Charlotte Cummings, Clifford Harold Davis, Eddie Neil Davis, Ellis Christopher Davis, Sr., Claudia De Paz, Gail DeBardelaben, Victor Delgado, Ruth Demmitt, Barbara DeVore, Carlos Diaz, Donnia Diggs, Barbara A. Dugger, Leonard Durham, India Duvall, Jodie Edwards, Day England, Carla Escobar, Helen Farmer, Miguel Figeuroa, Joanna Kay Ford, Roxanne Foster, Garland Freeman, Jr., Randy Page 7 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action.......________________ Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 8 of 301 Freeman, Velma Freeman, Pamela Freitas, Joshua Tyler Thomas Fryar, Kathy Fryar, Richard Fryar, Federico Fuentes, Stephen Gadberry, Aurora Garcia, Elizabeth Garcia, Ignacio T. Garcia, Jr., Patricia Morales Garcia, Charlie George, James Michael George, Violet Germany, Time Gist, Debbie Glass, Delfino Gonzalez, Eloy Gonzalez, Jr., Jose Gonzales, Leticia Gonzalez, Luis Gonzales, Nestor Gonzalez, Oscar Gonzales, Linda Griffin, Marsha Hackler, Carrie Haley, Nancy Ann Havenstrite, Victoria Mae Heaton, Nancy Hentschel, Alexander B. Hernandez, Jose Luis Hernandez, Maribel Hernandez, Rosa M. Herrera, Donald Hill, Randall Hillis, Connie Hollis, William Holmes, Donnal L. Hudson, Natasha Hutcherson, Stephanie Jackson, Sunny James, Wayman James, Donna G. Johnson, Laura Johnson, Marianne Johnson, Joan Johnston, Artemio Juarez, Linda Julian, Rebecca Lacy, Celina Lama, Marta Lara, Sonya Sue Leavell, Dennis Lemarr, Irvin Lemarr, Carol Jean Lievsay, Donna S. Long, Abdon Lozano, Deborah Mahan, Jorge A. Marcia, Antonio Paz Mares, Alicia Martin, Adriana Martinez, Agustin Martinez, Carlos Martinez, Carlos D. Martinez, John Mason, Ben Maturino, Judy C. McClure, Tommy McClure, Cynthia Dianne McDaniel, Bonnie McNamara, Linda McPherson, Jose Mejia, Susana Mejia, Darlene Melton, Adrianna Mena, Oscar Armando Mena, Maria E. Menjivar, Jarman Moody, Jesus Morales, Jose A. Morales, Juan Carlos Morales, Maria Del Carmen Morales, Marlon Garcia Morales, Walter Morales, Domingo Moran, Tammy Morton, Elizabeth Moudy, Carrie Murchison, Ignacio Murillo, Cynthia Nelson, Priscilla J. Noblett, Betty Norris, Wayne O'Briant, Jose Luis Ochoa, Josefina Ochoa, Juan Ochoa, Raul Ochoa, Debra Oliver, Sharon Lynnette Oliver, Walter Danilo Orellana, Magaly Orellano, Raul Rodriguez Orozco, Tommy Parks, Myrna G. Partida, Alfonso Paz, Juan Paz, Rodolfo Paz, Lila Dean Pease, Danny Page 8 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 9 of 301 L. Pendergraft, Vicente Perez, Cindy Phalan, Edith Pledger, Josh Poirier, David Portillo, Teodoro Portillo, Mary L. Price, Renee Qualls, Manuel Ramirez, Ricardo Ramos, Eddie Renier, Carrie Reyes, Gerordo Reyes, David Rice, Edwin Rivas, Jael Rivera, Marlon Rivera, Mayra Rivera-Enriquez, Jimmy Roberds, Leona Roberds, Perry Roberson, Edward Robinson, Belinda Rodriguez, Blanca Rodriguez, Gregorio Rodriguez, Jorge Paz Rodriguez, Tammy Rogers, Ana Romero-Urquila, Antonio Rosales, Francsico Rosales, Teresa Rosbia-Laws, Juana Salas, Maria Salas, Teodora Salas, Jose D. Sanchez, Sheila Sanchez, Karen Sanders, Xiomara Sandoval, Omar Jovan F. Scott, Jose Segovia, Mayra Sierra, Mary Smith, Sammy Smith, Zenas Smith, Sr., Betty Soriano, Marvin M. Soriano, Kimberley Ann Stewart, Krystal Strandlund, Paul J. Strnad, Davida Elaine Summit, Judy Summit, Elizabeth Taylor, Linda Taylor, Rebecca Taylor-Garrigus, Sheila Ann Tenango, Leonard Norman Thompson, Luz Dary Torrelles, Hector Torres, Ronan F. Torres, Clem Tucker, Ill, Ida L. Tucker, Fabio Valladares, Mayra Vazques, Angelica Velazquez, Jean Wagner, Cindy Wells, Charles White, Johnny D. Willcutt, Ashley Williams, Dessie Williams, Jennifer Williams, Lillia Williams, Michael Williams, Cheryl T. Windsor, Kelly Winkle, Lanny Wooten, Barbara Wright, James Wright, Joseph Wright, Valerie Yandell, James M. Youngman, Bertha Abrego, Rose Acree, William Akens, Esparanza Alcantar, Orlando Alcantar, Fulvia Aleman, David Alexander, Marvin Alexander, Juan Alfaro, Jorge Alonzo, Juana Alvarado, Miguel Alvarado, Roberto Alvarado, Maria S. Alvarenga, Martha Alvarez, Victor Alvidrez, Israel A. Amaya, Christopher Anderson, Kimberly Anderson, Zachary Anderson, Jorge Andrade, Daniel Apanavicius, Jose Arcia, Alfredo Arias, Josefina Arias, Barbara Arnold, Alan Arrington, Artemio Avalos, Rebekah Avery as Administrator of the Estate of Page 9 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 10 of 301 Samuel Avery, Deceased, Irma Avila, Cesar Ayala, Dina Ayala, Sabino Bahena, Nathan Balch, Kenneth Barnes, Carol Barnett, Callie Bartlett, Laura Baugh, Lester Baugh, Fransisco Bautista, Brenda Beech, Douglas Beech, Keith Bell, Marco Belmonte, Franklin Beltran, Dennis Berry, Chong Bewley, John Bewley, Tom Birge, Jr., Chrissie Bishop, Sarah Bohlier, Randall Boley, Rosa Bonilla de Reyes, Jose Bonilla, Maria Bonilla, Salvador Bonilla, Robert Bowden, Mark Brashear, Dora Brockman, Jacquelene Brooks, Lori Brooks, Gary Brown, Jerry Brown, Linda Brown, Theodore Bruce, Jr., Curtis Brunston, Clay Bryant, Grace Bryant, Danny Burton, Rachel Burton, Francine Byers, Keith Byrum, Medardo Calero, Myrna Calito, Lloyd Callan, Gary Canady, Gene Canady, Carlos Carrillo, Glendy Carrillo, Mike Carrillo, Sandra Carrillo, Rudy Castillo, Esmeralda Cavazos, Ashanti Chenault, Patricia Chenowith, Chris Childers, Cheryl Chronister, William Clark, Mary Coffman, Tellas Collier, Barbara Collins, Shannon Collins, David Conner, David Cook, Joyce Cook, Linda Cook, Felisha Cooper, Freda Cossey, Denise Crain, Carrie Crawford, Juan Crisostomo, Justin Criswell, Ruth Criswell, Wanza Cross, Timothy Davidson, Ellis Davis, Jr., Keeton Davis, Kristina Davis, Robert Delavan, Helen Diaz, Jacinto Diaz, Julianna Ditton, Robert Ditton, Rosa Dixon, Heath Dollar, Emerson Dominguez-Osorio, Mario Doratt, Alice Dorsett, Lee Dorsey, Carlos Duarte, Katherine DuVall, Jimmy Earls, Rachel Edlin, Bonita Embry, Deirdre Embry, Susan Emery, Christian Enriquez, lrlanda Espinoza, Johnny Floren, Karen Ford, Johnnie Foster, William Foster, Caryl Fowler, Randy Fowler, Debra Freeman, Floyd Freeman, Jeffery Freeman, Lawrence Freeman, Michael Freeman, William Freeman, Yong Gabhart, Danny Gallaher, Kathy Garrigus, Samuel Genna, Heidi Gering, Irma Giran, Isidro Godoy, Rebeca Godoy, Ernest Goins, Celia Gonzalez, Edin Gonzalez, Page 10 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 11 of 301 Jose H. Gonzalez, Maria Gonzalez, Linda Greer, Theresa Grigsby, Rosa Gutierrez, Kristy Hagan, David Hardin, Lonnie Harris, Travis Harvey, Cathy Heflin, Dyana Hefner, Hermes Henriquez, Brenda Hernandez, Carmen Hernandez, Guadalupe Hernandez, Henry Hernandez, Juan Hernandez, Maria Hernandez, Mercedes Hernandez, Raul Hernandez, Rene Hernandez, Rosa Hernandez, Vickie Higgins, Eddie Hill, Guy Hill, Pamela Hill, Stephanie Hillis, Melvin Hirtler, Jerry Holland, Denise Hon, Jerry Honaker, Sr., Tommy Honaker, Kimberly Hopson, Gennifer Horn, Bernice Howard, David Huaranga, Carol Huggins, Anna Hughes, Mary Hughes, Krystal Humphrey, Rebecca Irwin, Rosa Izaguirre, Frankie Jackson, Paul Jackson, Lori James, Jorge Jobel, Clinton Jones, Cristy Jones, Bernabe Javel, Cecil Keith, Daniel Kelley, Dustin Kemp, Lemuel Keys, Reba King, Shereacia Kinnon, Christina Kugler, Omar Lagos, Roxana Lagos, Charles Lane, DeAnn Laymon, Tony Laymon, Bobby Ledford, Jr., Kimberly Lee, William Lee, Debra Lenhart, Michael Level, Miao-hua Lin, Johnny Litsey, Jerrad Littrell, Jose Loaeza, Garry Lopez, Gloria Lopez, Richard Love, Sr., Leslie Loveland, Abdon Lozano, Jr., Mario Lozano, Pamela Lute, Reina Marcos, Rosa Mares, Carolina Martinez, Felipe Martinez, Rosa Martinez, Santiago Martinez, Saul Martinez, Raquiel Masters, Sandra Mata, Barbara Matthews, Earl Matthews, Melvin Maxwell, Emerita May, Carla McAlister, Cheryl McGee, Angela McVey, Velma Meadows, lneda Meimerstorf, Edwin Melgar, Joseph Melton, Joyce Metz, Diane Misener, Sandra Molloy, Teresa Monteleone, Lourdes Montesinos, Martha Montoya, Silvestre Montoya, Samuel Moore, Terry Moore, Gilberta Morales, Jason Morales, Jose Morales-Herrera, Sherry Morell, Samuel Morgan, Angela Moro, Rhonda Morris, Amanda Morse, Katie Moss, Mary Moten, Bill Moulder, Christopher Myers, Amanda Navarrete, Jose Navarrete, Sylvia Navarrete, Page 11 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 12 of 301 Jose Navarro, Eric Neaterous, Janice Needham, Michael Neumeier, Alan Newby, Stan Nichols, Erica Nieto, Jimmie Noah, Karen Noble, Sabrina O'Briant, David O'Neal, Germanus Orndorff, Ill, Maria Ortiz, Celia Osorio, Austin Padgett, Victor Padilla-Rivera, Zolaida Palacios, Betty Palmer, Juan Parada, Leslie Paredes, Carolyn Parrish, David Paz, Sherry Pearce, Bobby Pearson, Jimmy Pease, Rena Pendergraft, Ronnie Peoples, Lynn Phipps, Sharon Phillips, Jeremy Pierce, Elenilson Ponce, Grant Poplin, Vickey Powell, Jack Proctor, Lacey Qualls, Billy Ralls, Jr., Brenda Ramirez, Osmin Ramirez, Rafael Ramirez, Jeff Rappe, Teresa Rauda, Katharina Reed, Filemon Rendon, Maria Rendon, Elizabeth Reyes, Iris Reyes, Jose Reyes, Lorenzo Reyes, Luis Reyes, Maria Reyes, Maria C. Reyes, Francisco Reyna, William Richards, Rosalie Rivas, Francisco Rivera, Treva Roberds, William Roberds, Jeremy Robinson, Judy Robinson, Baldemar Robles, Katherine Rochell, Peggy Rodriguez, Jerome Roesler, Michael Rogers, Patricia Rogers, Pedro Rojas, Ricardo Rojas, Eva Romero, Idalia Romero, Tomas Romero, Linda Romine, Shirley Romine, Mattie Romines, Jose Ruiz, German Sanabria, Marina Sanabria, Holly Sanchez, Frank Sears, Kristy Sears, Rafael Segura, Gloria Shafer, Rickey Shaffer, William Shelton, Allen Siddall, Emily Simmons, Kenneth Simpson, Kathryn Sims, Mahogany Smith, Preston Smith, Rheba Smith, James Snow, Gloria Snyder, Rafael Sorto, Frank Sosa, Joseph South, Sandy Souvannakhot, Terri Staggs, James Standridge, Bruce Stanley, Rachelle Stanley, Joseph Stevens, Regina Stewart, Dennis Stroud, Gregorio Suarez, Jerry Swilley, Guadalupe Talamantes, Linda Tanner, Tina Tanner, Barbara Taurone, Samantha Tavarez, Paul Taylor, Jaime Tejada, Robert Templin, Mary Tennison, Michael Tennison, Lori Terry, Phillip Thompson, Jr., Richard Tillery, Antonio Torres, Michelle Torres, Raul Tovar, Uriel Tovar, Jessica Triste, Page 12 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 13 of 301 Rosemary Tullous, Zach Underwood, Phyllis Ushery, Christian Valladares, Manuel Valladares, Lou Ann Vasquez, Joshua Vaughan, Wanda Vaughan, Hipolita Velasquez, Maria Velazquez, Morena Villacorta, Ruben Villacorta, Melvin Vinson, Khamphay Visathep, Phouvieng Visathep, Kenneth Volz, Gerald Vongprachanh, Richard Walker, Anita Watson, Ronnie Watts, Larry Wiley, Jacquelyn Willcutt, Charles Williams, Jerry Williams, Nicole Williams, Vicky Williams, Eric Wilson, Diane Winton, Matthew Wolfe, Matt Wood, Sherry Wood, Rhonda Woody, Steven Xayadeth, Mariano Yanes, Sergio Zamora, Juan Zavala and Balentin Zelaya, each individually and on behalf of all others similarly situated, by and through their attorneys Lydia Hamlet and Vanessa Kinney and Josh Sanford of Sanford Law Firm, PLLC, and for their Sixth Amended and Substituted Complaint-Class Action, do hereby state and allege as follows: I. PRELIMINARY STATEMENTS 1. Plaintiffs obtained service on Defendant on June 12, 2012; Defendant herein filed Defendant's Answer to Plaintiffs' Fourth Amended and Substituted Complaint on September 4, 2012, pursuant to the agreement of the parties. 2. Plaintiffs have the right to seek leave to file another amended complaint pursuant to FRCP 15(a)(2), which states that leave should be freely given when justice so requires. 3. The deadline for adding parties to this case is by motion filed on or before February 21, 2013. This Court authorized the filing hereof on February 20, 2013. Doc. No. 296. Page 13 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 14 of 301 4. The purpose of this Sixth Amended and Substituted Complaint-Class Action is to add four hundred thirty-three (433) additional Plaintiffs who signed Consents to Join after the date of the filing of the Original lawsuit, and amend and the sharpen the scope of the classes alleged herein, add union-membership-specific allegations, as well as to add Plaintiff Craig Lyons' claim for retaliation. 5. This is an action brought by all Plaintiffs named above, each individually and on behalf of all others similarly situated, against Defendant ConAgra Foods Packaged Foods, LLC, d/b/a ConAgra Foods. 6. The proposed Section 216 class is composed entirely of hourly-paid food production Russellville plant employees who, during the applicable time period, worked/work for Defendant and were/are denied their fundamental rights under applicable federal wage and hour laws. 7. The proposed Section 216 class will not seek recovery of monetary damages for donning and doffing time for employees/former employees during the time during which they were union members. 8. The proposed Rule 23 class is composed entirely of hourly-paid food production plant employees who, during the applicable time period, worked/work for Defendant at the Russellville plant and were/are denied their fundamental rights under applicable state wage and hour laws, without regard for union membership. 9. Plaintiffs, each individually and on behalf of all others similarly situated, bring this action under the Fair Labor Standards Act, 29 US.C. § 201, et seq. ("FLSA") and the Arkansas Minimum Wage Act, Ark. Code Ann. § 11-4-201, et seq. ("AMWA"), for declaratory judgment, monetary damages, liquidated damages, prejudgment Page 14 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 15 of 301 interest, civil penalties and costs, including reasonable attorneys' fees as a result of Defendant's commonly applied policy and practice of failing to pay Plaintiffs and all others similarly situated regular wages and overtime compensation for the hours that they were/are made to work off the clock for each single workweek. 10. Upon information and belief, for at least three (3) years prior to the filing of this Complaint, Defendant has willfully and intentionally committed violations of the FLSA and AMWA as described, infra. 11. Each Plaintiff named herein, it is believed by Plaintiffs, has already filed his or her own written Consent to Join this lawsuit pursuant to Section 216. II. THE PARTIES A. THE ORIGINAL THREE HUNDRED FIFTY-EIGHT NAMED PLAINTIFFS 12. Plaintiff Craig Lyons ("Lyons") is a citizen and resident of the County of Pope, State of Arkansas. 13. Lyons is presently employed in Production Maintenance for Defendant at 3100 East Main Street, Russellville, Arkansas 72801, one of Defendant's food production locations, (hereinafter referred to as the "Russellville Plant"). His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 14. Lyons has always been a member of a union during the period of time covered by the applicable statute of limitations. 15. Plaintiff Justin Anderson ("J. Anderson") is a citizen and resident of the County of Pope, State of Arkansas. Page 15 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 16 of 301 16. J. Anderson is presently employed in Production Maintenance for Defendant at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 17. J. Anderson has always been a member of a union during the period of time covered by the applicable statute of limitations. 18. Plaintiff Tommy Applegate ("T. Applegate") is a citizen and resident of the County of Pope, State of Arkansas. 19. T. Applegate is a current Production Mechanic who works at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 20. T. Applegate has always been a member of a union during the period of time covered by the applicable statute of limitations. 21. Plaintiff Brandon Etzkorn ("Etzkorn") is a citizen and resident of the County of Pope in the State of Arkansas. 22. Etzkorn is a current Quality Control employee who works at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Etzkorn has also been employed as a Process Operator (Crackpot, RMO, Fry-bake) during the past three (3) years. 23. Etzkorn has always been a member of a union during the period of time covered by the applicable statute of limitations. 24. Plaintiff Gerald Fischer, Jr., ("Fisher") is a citizen and resident of the County of Pope, State of Arkansas. Page 16 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 17 of 301 25. Fischer is a present employee in Production Maintenance and he works at Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 26. Fischer has always been a member of a union during the period of time covered by the applicable statute of limitations. 27. Plaintiff James Geary ("Geary") is a citizen and resident of the County of Pope in the State of Arkansas. 28. Geary is a former Instrument Technician/Electrical who worked at the Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action, and it ended on or about January 5, 2012. 29. Geary was always a member of a union during the period of time covered by the applicable statute of limitations. 30. Plaintiff William Mars ("W. Mars") is a citizen and resident of the County of Pope in the State of Arkansas. 31. W. Mars is a current Sanitation Worker who works at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. During the statute of limitations period, he was also employed in the positions of Extra Board Prep and Processor. 32. W. Mars has not always been a member of a union during the period of time covered by the applicable statute of limitations. 33. Plaintiff Edward White ("E. White") is a citizen and resident of the County of Pope, State of Arkansas. Page 17 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 18 of 301 34. E. White is a current Production Mechanic who works at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 35. E. White has always been a member of a union during the period of time covered by the applicable statute of limitations. 36. Plaintiff Khanthalyxay La Rasavong ("Rasavong") is a citizen and resident of the County of Pope in the State of Arkansas. 37. Rasavong is a current Production Mechanic who works at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 38. Rasavong has not always been a member of a union during the period of time covered by the applicable statute of limitations. 39. Plaintiff Richard Casey ("Casey") is a citizen and resident of the County of Pope in the State of Arkansas. 40. Casey is a former Production Mechanic who worked at the Russellville Plant. His tenure spanned a period longer than the three (3) years immediately preceding the filing of this action, and it ended on or about September 23, 2011. During the statute of limitations period, he was also employed in the position of Boiling and Refrigeration Maintenance. 41. Casey was always a member of a union during the period of time covered by the applicable statute of limitations. 42. Plaintiff Gary Mars ("G. Mars") is a citizen and resident of the County of Pope in the State of Arkansas. Page 18 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 19 of 301 43. G. Mars is a former Prep Worker who worked at the Russellville Plant. His tenure spanned a period longer than the three (3) years immediately preceding the filing of this action and ending in late 2010. 44. G. Mars was always a member of a union during the period of time covered by the applicable statute of limitations. 45. Plaintiff Pha Nanthalansy (P. Nanthalansy") is a citizen and resident of the County of Yell in the State of Arkansas. 46. P. Nanthalansy is a current Processor who works at the Russellville Plant. Her tenure began on June 7, 2010. 47. P. Nanthalansy has not always been a member of a union during the period of time covered by the applicable statute of limitations. 48. Plaintiff Anong Nanthalansy ("A. Nanthalansy") is a citizen and resident of the County of Yell in the State of Arkansas. 49. A. Nanthalansy is a current Operator Two who works at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 50. A. Nanthalansy has always been a member of a union during the period of time covered by the applicable statute of limitations. 51. Plaintiff Amy Anderson ("A. Anderson") is a citizen and resident of the County of Pope in the State of Arkansas. 52. A. Anderson is a current Extra Board Weights Operator who works at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years Page 19 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 20 of 301 immediately preceding the filing of this action. During the statute of limitations period, she was also employed in the position of Processor. 53. A. Anderson has not always been a member of a union during the period of time covered by the applicable statute of limitations. 54. Plaintiff Bobby Anderson ("B. Anderson") is a citizen and resident of the County of Pope in the State of Arkansas. 55. B. Anderson is a current Sanitation Worker in Defendant's Russellville Plant. His tenure began on August 18, 2010. 56. B. Anderson has not always been a member of a union during the period of time covered by the applicable statute of limitations. 57. Plaintiff Larry Dodson ("Dodson") is a citizen and resident of the County of Pope in the State of Arkansas. 58. Dodson is a present employee in Production Maintenance and he works in Defendant's Russellville Plant. His tenure began on September 6, 2010. 59. Upon information and belief, Dodson has not always been a member of a union during the period of time covered by the applicable statute of limitations. 60. Plaintiff Michael Hinman ("Hinman") is a citizen and resident of the County of Pope in the State of Arkansas. 61. Hinman is presently employed as a Sanitation Worker in Defendant's Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. 62. Hinman has not always been a member of a union during the period of time covered by the applicable statute of limitations. Page 20 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 21 of 301 63. Plaintiff Lisa Jones ("L. Jones") is a citizen and resident of the County of Pope in the State of Arkansas. 64. L. Jones is currently employed as a Cart Machine Operator 3 at the Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 65. Upon information and belief, L. Jones has not always been a member of a union during the period of time covered by the applicable statute of limitations. 66. Plaintiff Brian Massey ("Massey") is a citizen and resident of the County of Yell in the State of Arkansas. 67. Massey is a former Sanitation Worker who was employed in the Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action, and it ended on or about May 16, 2012. 68. Massey was not always a member of a union during the period of time covered by the applicable statute of limitations. 69. Plaintiff Bradley Mayfield ("Mayfield") is a citizen and resident of the County of Perry in the State of Arkansas. 70. Mayfield is a current Pan Wash Operator in Defendant's Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. During the statute of limitations period, he was also employed in the positions of Raw Meat Operator and Line Four Line Server. 71. Upon information and belief, Mayfield has not always been a member of a union during the period of time covered by the applicable statute of limitations. Page 21 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 22 of 301 72. Plaintiff Wanda Thompson ("W. Thompson") is a citizen and resident of the County of Pope in the State of Arkansas. 73. W. Thompson is currently employed as a Lead Operator in the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 74. W. Thompson has always been a member of a union during the period of time covered by the applicable statute of limitations. 75. Plaintiff Mary Wewer ("Wewer") is a citizen and resident of the County of Logan in the State of Arkansas. 76. Wewer is a current Processor who works at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 77. Wewer has not always been a member of a union during the period of time covered by the applicable statute of limitations. 78. Plaintiff Alan Young ("Young") is a citizen and resident of the County of Pope in the State of Arkansas. 79. Young is a present employee in Production Maintenance at Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 80. Young has not always been a member of a union during the period of time covered by the applicable statute of limitations. 81. Plaintiff Connie Carrington ("Carrington") is a citizen and resident of the County of Pope in the State of Arkansas. Page 22 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 23 of 301 82. Carrington is currently employed in the position of Lead at the Russellville Plaint. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 83. Upon information and belief, Carrington has not always been a member of a union during the period of time covered by the applicable statute of limitations. 84. Plaintiff Debra Carter ("Carter") is a citizen and resident of the County of Faulkner in the State of Arkansas. 85. Carter is a current Extra Board Weights Operator employed at Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. During the statute of limitations period, she was also employed in the positions of Operator II and Processor. 86. Carter has always been a member of a union during the period of time covered by the applicable statute of limitations. 87. Plaintiff Shirley Cato ("Cato") is a citizen and resident of the County of Conway in the State of Arkansas. 88. Cato is a current Sanitation Worker at the Russellville Plant. Her tenure began on September 11, 2010. 89. Cato has not always been a member of a union during the period of time covered by the applicable statute of limitations. 90. Plaintiff Leonard Coffman ("Leonard Coffman") is a citizen and resident of the County of Pope in the State of Arkansas. Page 23 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 24 of 301 91. Leonard Coffman is a currently employed in the position of Quality Assurance in Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 92. Leonard Coffman has always been a member of a union during the period of time covered by the applicable statute of limitations. 93. Plaintiff Linda Coffman ("Linda Coffman") is a citizen and resident of the County of Pope in the State of Arkansas. 94. Linda Coffman is a current Freezer Operator at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. During the statute of limitations period, she was also a Spice Employee. 95. Linda Coffman has always been a member of a union during the period of time covered by the applicable statute of limitations. 96. Plaintiff Freddie Cogburn, Jr. ("Cogburn") is a citizen and resident of the County of Pope in the State of Arkansas. 97. Cogburn is a current Master 8 Mechanic in Defendant's Russellville Plant. His tenure began on August 9, 2010. 98. Cogburn has not always been a member of a union during the period of time covered by the applicable statute of limitations. 99. Plaintiff Lynda Collins ("Collins") is a citizen and resident of the County of Yell in the State of Arkansas. 100. Collins is a current Light Weights Operator in the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the Page 24 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 25 of 301 filing of this action. During the statute of limitations period, she was also employed as a Processor. 101. Collins has always been a member of a union during the period of time covered by the applicable statute of limitations. 102. Plaintiff Ezell Cotton ("Cotton") is a citizen and resident of the County of Pope in the State of Arkansas. 103. Cotton was formerly employed in the position of Utility Prep at Defendant's Russellville Plant. His initial tenure began on January 20, 2000, and ended on or about June 20, 2010. His second period of employment at the Russellville Plant began on October 25, 2010, and it ended on or about May 25, 2010. 104. Cotton was always a member of a union during the period of time covered by the applicable statute of limitations. 105. Plaintiff John Cowen ("J. Cowen") is a citizen and resident of the County of Pope in the State of Arkansas. 106. J. Cowen is presently employed in the position of Production Maintenance at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 107. J. Cowen has always been a member of a union during the period of time covered by the applicable statute of limitations. 108. Plaintiff Sharon Curtis ("Curtis") is a citizen and resident of the County of Yell County in the State of Arkansas. Page 25 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 26 of 301 109. Curtis is a current employee in Quality Control at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this cause of action. 110. Curtis has always been a member of a union during the period of time covered by the applicable statute of limitations. 111. Plaintiff Charles Davis ("Charles Davis") is a citizen and resident of the County of Yell in the State of Arkansas.. 112. Charles Davis is currently employed in the position of Sanitation at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 113. Charles Davis has not always been a member of a union during the period of time covered by the applicable statute of limitations. 114. Plaintiff Pam Evans ("Evans") is a citizen and resident of the County of Pope in the State of Arkansas. 115. Evans is currently employed as a Processor in Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 116. Evans has not always been a member of a union during the period of time covered by the applicable statute of limitations. 117. Plaintiff Cecil Foster, Jr. ("C. Foster") is a citizen and resident of the County of Pope in the State of Arkansas. Page 26 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 27 of 301 118. C. Foster is currently employed in the position of Utility Prep at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 119. C. Foster has not always been a member of a union during the period of time covered by the applicable statute of limitations. 120. Plaintiff Sharon Freeman ("S. Freeman") is a citizen and resident of the County of Pope in the State of Arkansas. 121. S. Freeman is a current Quality Assurance Tech at Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 122. S. Freeman has always been a member of a union during the period of time covered by the applicable statute of limitations. 123. Plaintiff Wilma Garrison ('Garrison") is a citizen and resident of the County of Pope in the State of Arkansas. 124. Garrison is a present Processor in the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 125. Garrison has not always been a member of a union during the period of time covered by the applicable statute of limitations. 126. Plaintiff Patricia Hamilton ('Hamilton") is a citizen and resident of the County of Pope in the State of Arkansas. 127. Hamilton is currently employed as a Processor in Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately Page 27 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 28 of 301 preceding the filing of this action. During the statute of limitations period, she was also a Quality Control employee. 128. Hamilton has always been a member of a union during the period of time covered by the applicable statute of limitations. 129. Plaintiff Tammy Hudson ("T. Hudson") is a citizen and resident of the County of Pope in the State of Arkansas. 130. T. Hudson is a current Processor employed at Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. During the statute of limitations period, she was also employed in Quality Control. 131. T. Hudson has always been a member of a union during the period of time covered by the applicable statute of limitations. 132. Plaintiff Jeremy Jones ("J. Jones") is a citizen and resident of the County of Yell in the State of Arkansas. 133. J. Jones is currently employed in the position of Quality Control in Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. During the statute of limitations period, he was also employed in the positions of Operator in Fry Bake and Quality Control. 134. J. Jones has always been a member of a union during the period of time covered by the applicable statute of limitations. 135. Plaintiff Marilyn Jones ("M. Jones") is a citizen and resident of the County of Pope in the State of Arkansas. Page 28 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 29 of 301 136. M. Jones is a current Processor at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 137. M. Jones has not always been a member of a union during the period of time covered by the applicable statute of limitations. 138. Plaintiff Helen Landenberger ("Landenberger") is a citizen and resident of the County of Pope in the State of Arkansas. 139. Landenberger is currently employed as a Processor in Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 140. Landenberger has always been a member of a union during the period of time covered by the applicable statute of limitations. 141. Plaintiff Mechelle Lovejoy ("Lovejoy") is a citizen and resident of the County of Pope in the State of Arkansas. 142. Lovejoy was formerly employed in the position of Sanitation at Defendant's Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action, and it ended on or about May 14, 2010. During the statute of limitations period, she was also employed in the position of Raw Meat Operations. 143. Lovejoy was always a member of a union during the period of time covered by the applicable statute of limitations. 144. Plaintiff Onita Martin ("0. Martin") is a citizen and resident of the County of Pope in the State of Arkansas. Page 29 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 30 of 301 145. 0. Martin is a current Processor in Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 146. 0. Martin has always been a member of a union during the period of time covered by the applicable statute of limitations. 147. Plaintiff Brenda Mathis ("Mathis") is a citizen and resident of the County of Pope in the State of Arkansas. 148. Mathis is currently employed in the position of Extra Board Processor at the Russellville Plant. Her tenure began before the three years immediately preceding the filing of this action. During the statute of limitations period, she was also employed in the position of Sanitation. 149. Mathis has always been a member of a union during the period of time covered by the applicable statute of limitations. 150. Plaintiff Sylvia McVay ("McVay") is a citizen and resident of the County of Conway in the State of Arkansas. 151. McVay is presently employed as a Processor at Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 152. McVay has not always been a member of a union during the period of time covered by the applicable statute of limitations. 153. Plaintiff Shannon C. Mixon ("Mixon") is a citizen and resident of the County of Pope in the State of Arkansas. Page 30 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 31 of 301 154. Mixon is a current Extra Board Quality Control Technician at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 155. Mixon has always been a member of a union during the period of time covered by the applicable statute of limitations. 156. Plaintiff Jeffery Monteleone ("Monteleone") is a citizen and resident of the County of Pope in the State of Arkansas. 157. Monteleone is a current employee in Building and Grounds Maintenance at Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 158. Monteleone has not always been a member of a union during the period of time covered by the applicable statute of limitations. 159. Plaintiff Patricia Nelson ("P. Nelson") is a citizen and resident of the County of Yell in the State of Arkansas. 160. P. Nelson is currently employed as a Processor in the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 161. P. Nelson has always been a member of a union during the period of time covered by the applicable statute of limitations. 162. Plaintiff Cathy Parker ("Parker") is a citizen and resident of the County of Pope in the State of Arkansas. Page 31 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 32 of 301 163. Parker is currently employed in the position of Processor at Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 164. Parker has not always been a member of a union during the period of time covered by the applicable statute of limitations. 165. Plaintiff Angela Patrick ("Patrick") is a citizen and resident of the County of Pope in the State of Arkansas. 166. Patrick is a current Operator II at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 167. Patrick has always been a member of a union during the period of time covered by the applicable statute of limitations. 168. Plaintiff Paul Rodriguez ("P. Rodriguez") is a citizen and resident of the County of Pope in the State of Arkansas. 169. P. Rodriguez is a current Pipe Employee at Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 170. P. Rodriguez has always been a member of a union during the period of time covered by the applicable statute of limitations. 171. Margie Sexton ("Sexton") is a citizen and resident of the County of Pope in the State of Arkansas. Page 32 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 33 of 301 172. Sexton is presently employed as a Processor in Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 173. Sexton has always been a member of a union during the period of time covered by the applicable statute of limitations. 174. Plaintiff Genella Smith ("G. Smith") is a citizen and resident of the County of Pope in the State of Arkansas. 175. G. Smith was formerly employed as an Operator II in Defendant's Russellville Plant. Her tenure began on or about February 16, 1998, and it ended on or about September 11, 2009. 176. G. Smith was not always a member of a union during the period of time covered by the applicable statute of limitations. 177. Plaintiff Scot Smith ("Scot Smith") is a citizen and resident of the County of Pope in the State of Arkansas. 178. Scot Smith is a current Production Maintenance employee at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 179. Scot Smith has not always been a member of a union during the period of time covered by the applicable statute of limitations. 180. Nancy Sorenson ("Sorenson") is a citizen and resident of the County of Pope in the State of Arkansas. Page 33 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 34 of 301 181. Sorenson is a current Line Server in Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 182. Sorenson has not always been a member of a union during the period of time covered by the applicable statute of limitations. 183. Plaintiff Angela Thompson ("A Thompson") is a citizen and resident of the County of Yell in the State of Arkansas. 184. A Thompson is presently employed as an Operator in the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. During the statute of limitations period, she was also employed in the position of Weight Control. 185. A Thompson has not always been a member of a union during the period of time covered by the applicable statute of limitations. 186. Plaintiff Kenneth Thompson ("K. Thompson") is a citizen and resident of the County of Pope in the State of Arkansas. 187. K. Thompson is a current employee in Production Maintenance at Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 188. K. Thompson has not always been a member of a union during the period of time covered by the applicable statute of limitations. 189. Plaintiff Dennis Weir ("Weir") is a citizen and resident of the County of Pope in the State of Arkansas. Page 34 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 35 of 301 190. Weir is a present employee in Production Maintenance at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 191. Upon information and belief, Weir has not always been a member of a union during the period of time covered by the applicable statute of limitations. 192. Plaintiff Doug Wheatley ("Wheatley") is a citizen and resident of the County of Pope in the State of Arkansas. 193. Wheatley is currently employed in the position of Utility Prep in Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 194. Wheatley has not always been a member of a union during the period of time covered by the applicable statute of limitations. 195. Plaintiff Ramiro Alonso ("Alonso") is a citizen and resident of the County of Yell in the State of Arkansas. 196. Alonso is currently employed in Production Maintenance at Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 197. Alonso has always been a member of a union during the period of time covered by the applicable statute of limitations. 198. Plaintiff Sirina Arias ("S. Arias") is a citizen and resident of the County of Pope in the State of Arkansas. 199. S. Arias is a current Fork Lift Driver at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of Page 35 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 36 of 301 this action. During the statute of limitations period, she was also employed as a Processor. 200. S. Arias has not always been a member of a union during the period of time covered by the applicable statute of limitations. 201. Plaintiff Raymond Davis ("R. Davis") is a citizen and resident of the County of Yell in the State of Arkansas. 202. R. Davis is currently employed as a Production Cook at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 203. R. Davis has not always been a member of a union during the period of time covered by the applicable statute of limitations. 204. Plaintiff Monica Deleon ("Deleon") is a citizen and resident of the County of Pope in the State of Arkansas. 205. Deleon is currently employed as a Processor at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 206. Deleon has always been a member of a union during the period of time covered by the applicable statute of limitations. 207. Plaintiff Brent Duvall ("B. Duvall") is a citizen and resident of the County of Pope in the State of Arkansas. 208. B. Duvall is currently employed in Production Maintenance at Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Page 36 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 37 of 301 209. B. Duvall has always been a member of a union during the period of time covered by the applicable statute of limitations. 210. Plaintiff David Glover ("Glover") is a citizen and resident of the County of Pope in the State of Arkansas. 211. Glover is currently employed in the position of Production Cook in Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 212. Glover has not always been a member of a union during the period of time covered by the applicable statute of limitations. 213. Plaintiff Holly Johnson ("H. Johnson") is a citizen and resident of the County of Pope in the State of Arkansas. 214. H. Johnson is currently employed in the position of Operator II at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 215. H. Johnson has always been a member of a union during the period of time covered by the applicable statute of limitations. 216. Plaintiff Katie Heney ("Heney") is a citizen and resident of the County of Johnson in the State of Arkansas. 217. Heney is a current Case Packer Operator at Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 218. Heney has always been a member of a union during the period of time covered by the applicable statute of limitations. Page 37 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 38 of 301 219. Plaintiff Sandra Kellybrew ("Kellybrew") is a citizen and resident of the County of Pope in the State of Arkansas. 220. Kellybrew is currently employed in the position of Operator Ill at Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 221. Kellybrew has not always been a member of a union during the period of time covered by the applicable statute of limitations. 222. Plaintiff Phyllis Lanoy ("Lanoy") is a citizen and resident of the County of Pope in the State of Arkansas. 223. Lanoy is currently employed as a Processor in the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 224. Lanoy has not always been a member of a union during the period of time covered by the applicable statute of limitations. 225. Plaintiff Amanda Martin ("Amanda Martin") is a citizen and resident of the County of Yell in the State of Arkansas. 226. Amanda Martin is currently employed as an Extra Board Processor at Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 227. Amanda Martin has not always been a member of a union during the period of time covered by the applicable statute of limitations. 228. Plaintiff Alicia Partida ("A Partida") is a citizen and resident of the County of Pope in the State of Arkansas. Page 38 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 39 of 301 229. A. Partida is currently employed in the position of Processor at Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of his action. 230. Upon information and belief, A. Partida has not always been a member of a union during the period of time covered by the applicable statute of limitations. 231. Plaintiff Dora Perdido-Russell ("Perdido-Russell) is a citizen and resident of the County of Yell in the State of Arkansas. 232. Perdido-Russell was formerly employed in the position of Processor at the Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action, and it ended on or about November of 2011. 233. Perdido-Russell was always a member of a union during the period of time covered by the applicable statute of limitations. 234. Plaintiff Cathy Radcliff ("Radcliff') is a citizen and resident of the County of Yell in the State of Arkansas. 235. Radcliff is currently employed as a Processor in Defendant's Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 236. Radcliff has not always been a member of a union during the period of time covered by the applicable statute of limitations. 237. Plaintiff Diana Roesler ('Roesler") is a citizen and resident of the County of Pope in the State of Arkansas. 238. Roesler is currently employed in the position of Processor at the Russellville Plant. Her tenure began before the three (3) years immediately preceding Page 39 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 40 of 301 the filing of this action. During the statute of limitations period, Roesler was also employed in the positions of Process Operator, Raw Meat Operator I and II, Safety Lead, Dinner Line 7, and Sanitation Worker. 239. Roesler has always been a member of a union during the period of time covered by the applicable statute of limitations. 240. Plaintiff Chris Russell ("Russell") is a citizen and resident of the County of Yell in the State of Arkansas. 241. Russell is currently employed in the position of Quality Assurance in Defendant's Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. 242. Russell has always been a member of a union during the period of time covered by the applicable statute of limitations. 243. Plaintiff Brian Tarkington ('Tarkington") is a citizen and resident of the County of Pope in the State of Arkansas. 244. Tarkington is a current Line Server in the Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. 245. Upon information and belief, Tarkington has not always been a member of a union during the period of time covered by the applicable statute of limitations. 246. Plaintiff Julie Turley ("Turley") is a citizen and resident of the County of Pope in the State of Arkansas. 247. Turley is currently employed in the position of Forklift Driver at Defendant's Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. Page 40 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 41 of 301 248. Turley has not always been a member of a union during the period of time covered by the applicable statute of limitations. 249. Plaintiff Michele Turner ("Turner") is a citizen and resident of the County of Pope in the State of Arkansas. 250. Turner is currently employed in the position of Operator Ill at Defendant's Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 251. Turner has always been a member of a union during the period of time covered by the applicable statute of limitations. 252. Plaintiff Laura Washington ("Washington") is a citizen and resident of the County of Yell in the State of Arkansas. 253. Washington is currently employed as a Processor at Defendant's Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. During the statute of limitations period, she was also employed as a Scale Operator. 254. Washington has always been a member of a union during the period of time covered by the applicable statute of limitations. 255. Plaintiff Paula Wilson ("P. Wilson") is a citizen and resident of the County of Pope in the State of Arkansas. 256. P. Wilson is currently employed in the position of Food Processor in the Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. Page 41 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 42 of 301 257. P. Wilson has always been a member of a union during the period of time covered by the applicable statute of limitations. 258. Plaintiff Steve Wilson ("S. Wilson") is a citizen and resident of the County of Pope in the State of Arkansas. 259. S. Wilson is currently employed in Production Maintenance at Defendant's Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. 260. S. Wilson has not always been a member of a union during the period of time covered by the applicable statute of limitations. 261. Plaintiff Dario Abarca ("D. Abarca") is a citizen and resident of the County of Pope in the State of Arkansas. 262. D. Abarca is presently employed as a Line Server in the Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. 263. D. Abarca has always been a member of a union during the period of time covered by the applicable statute of limitations. 264. Plaintiff Veronica Alvarado Abarca ("V. Abarca") is a citizen and resident of the County of Yell in the State of Arkansas. 265. V. Abarca is currently employed as an Operator at Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 266. V. Abarca has always been a member of a union during the period of time covered by the applicable statute of limitations. Page 42 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 43 of 301 267. Plaintiff Jose Aleman ("Aleman") is a citizen and resident of the County of Pope in the State of Arkansas. 268. Aleman is a current Prep Worker employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. During the statute of limitations period, Aleman was also employed as a Line Server. 269. Aleman has not always been a member of a union during the period of time covered by the applicable statute of limitations. 270. Plaintiff Georgina Alexander ("G. Alexander") is a citizen and resident of the County of Pope in the State of Arkansas. 271. G. Alexander was formerly employed as a Line Processor in Defendant's Russellville Plant. Her tenure began on or about January 24, 2005, and it ended on or about August 2, 2012. 272. G. Alexander was always a member of a union during the period of time covered by the applicable statute of limitations. 273. Plaintiff Pierre Alexander ("P. Alexander") is a citizen and resident of the County of Pope in the State of Arkansas. 274. P. Alexander is a current Quality Control Technician employed at Defendant's Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. 275. P. Alexander has always been a member of a union during the period of time covered by the applicable statute of limitations. Page 43 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 44 of 301 276. Plaintiff Benjamin Aley ("Aiey") is a citizen and resident of the County of Pope in the State of Arkansas. 277. Aley is currently employed as a Line Server in the Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. 278. Aley has always been a member of a union during the period of time covered by the applicable statute of limitations. 279. Plaintiff Jose Luis Ochoa Alvarado ("Alvarado") is a citizen and resident of the County of Yell in the State of Arkansas. 280. Alvarado is currently employed as an Extra Board Line Server in Defendant's Russellville Plant. His tenure began on or about April 20, 2010. 281. Alvarado has always been a member of a union during the period of time covered by the applicable statute of limitations. 282. Plaintiff Juan Arias Alvarenga ("J. Alvarenga") is a citizen and resident of the County of Pope in the State of Arkansas. 283. J. Alvarenga is currently employed in the position of Line Server at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 284. J. Alvarenga has not always been a member of a union during the period of time covered by the applicable statute of limitations. 285. Plaintiff Mercedes Alvarenga ("M. Alvarenga") is a citizen and resident of the County of Pope in the State of Arkansas. Page 44 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 45 of 301 286. M. Alvarenga is currently employed as a Line Server in the Russellville Plaint. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 287. M. Alvarenga has always been a member of a union during the period of time covered by the applicable statute of limitations. 288. Plaintiff Beatriz Ambrosio ("Ambrosio") is a citizen and resident of the County of Yell in the State of Arkansas. 289. Ambrosio is currently employed in Quality Control at Defendant's Russellville Plant. Her tenure began on or about April 20, 2010. She was also employed as a Processor during the statute of limitations period. 290. Ambrosio has not always been a member of a union during the period of time covered by the applicable statute of limitations. 291. Plaintiff Porfirio Aparicio ("Aparicio") is a citizen and resident of the County of Pope in the State of Arkansas. 292. Aparicio is a current Prep Worker employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 293. Aparicio has always been a member of a union during the period of time covered by the applicable statute of limitations. 294. Plaintiff Angela M. Applegate ("A. Applegate") is a citizen and resident of the County of Pope in the State of Arkansas. Page 45 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 46 of 301 295. A. Applegate is currently employed as a Processor in Defendant's Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 296. A. Applegate has always been a member of a union during the period of time covered by the applicable statute of limitations. 297. Plaintiff Alex A. Arias ("A. Arias") is a citizen and resident of the County of Pope in the State of Arkansas. 298. A. Arias is a current Prep Worker at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 299. A. Arias has always been a member of a union during the period of time covered by the applicable statute of limitations. 300. Plaintiff Andres Arredondo ("Arredondo") is a citizen and resident of the County of Johnson in the State of Arkansas. 301. Arredondo is a current Fork Lift Driver employed in the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 302. Arredondo has always been a member of a union during the period of time covered by the applicable statute of limitations. 303. Plaintiff Ratael Alvarado Arrellano ("Arrellano") is a citizen and resident of the County of Yell in the State of Arkansas. 304. Arrellano is currently employed as a Prep Worker at Defendant's Russellville Plant. His tenure began before the three (3) years immediately preceding Page 46 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 47 of 301 the filing of this action. Arrellano was also employed as a Fork Lift Driver during the applicable statute of limitations period. 305. Arrellano has always been a member of a union during the period of time covered by the applicable statute of limitations. 306. Plaintiff Gearld Austin ("G. Austin") is a citizen and resident of the County of Pope in the State of Arkansas. 307. G. Austin is a current Prep Worker employed at the Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. 308. G. Austin has not always been a member of a union during the period of time covered by the applicable statute of limitations. 309. Plaintiff Karen Austin ("K. Austin") is a citizen and resident of the County of Pope in the State of Arkansas. 310. K. Austin is presently employed as a Cook in the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. K. Austin was also employed as a Fry Bake Specialist during the past three (3) years. 311. K. Austin has not always been a member of a union during the period of time covered by the applicable statute of limitations. 312. Plaintiff Maria Avila ("Avila") is a citizen and resident of the County of Pope in the State of Arkansas. 313. Avila is currently employed in the position of Processor in Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Page 47 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 48 of 301 314. Avila has not always been a member of a union during the period of time covered by the applicable statute of limitations. 315. Plaintiff Laura Beth Balch ("Balch") is a citizen and resident of the County of Pope in the State of Arkansas. 316. Balch is currently employed as a Sanitation Worker in Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 317. Balch has always been a member of a union during the period of time covered by the applicable statute of limitations. 318. Plaintiff Robin Barrientos ("Barrientos") is a citizen and resident of the County of Pope in the State of Arkansas. 319. Barrientos is a current Prep Worker in the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Barrientos was also employed as a Line Server and Fork Lift Driver during the last three (3) years. 320. Barrientos has always been a member of a union during the period of time covered by the applicable statute of limitations. 321. Plaintiff Nora Barrios ("Barrios") is a citizen and resident of the County of Pope in the State of Arkansas. 322. Barrios is currently employed as a processor at Defendant's Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. Page 48 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 49 of 301 323. Barrios has not always been a member of a union during the period of time covered by the applicable statute of limitations. 324. Plaintiff Regina Battershell ("Battershell") is a citizen and resident of the County of Pope in the State of Arkansas. 325. Battershell is presently employed as a Fork Lift Driver at Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 326. Battershell has always been a member of a union during the period of time covered by the applicable statute of limitations. 327. Plaintiff Brenda Bell ("B. Bell") is a citizen and resident of the County of Pope in the State of Arkansas. 328. B. Bell is currently employed as a Processor at the Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 329. B. Bell has not always been a member of a union during the period of time covered by the applicable statute of limitations. 330. Plaintiff Marie Bell ("M. Bell") is a citizen and resident of the County of Pope in the State of Arkansas. 331. M. Bell is a current Production Lead employed at the Russellville Plant. Her tenure began prior to the three (3) years immediately preceding the filing of this action. 332. M. Bell has always been a member of a union during the period of time covered by the applicable statute of limitations. Page 49 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 50 of 301 333. Plaintiff George Philip Benge ("Benge") is a citizen and resident of the County of Pope in the State of Arkansas. 334. Benge is presently employed as a Mechanic at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 335. Benge has always been a member of a union during the period of time covered by the applicable statute of limitations. 336. Plaintiff Robert Bewley ("Bewley") is a citizen and resident of the County of Pope in the State of Arkansas. 337. Bewley is a current Fork Lift Driver employed at Defendant's Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. 338. Bewley has always been a member of a union during the period of time covered by the applicable statute of limitations. 339. Plaintiff Alexander Blandon ("Blandon") is a citizen and resident of the County of Pope in the State of Arkansas. 340. Blandon is currently employed as a Case Packer Operator at the Russellville Plant. His tenure began on March 24, 2010. 341. Blandon has always been a member of a union during the period of time covered by the applicable statute of limitations. 342. Plaintiff Alex A. Bonilla ("Bonilla") is a citizen and resident of the County of Pope in the State of Arkansas. Page 50 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 51 of 301 343. Bonilla is currently employed as a Prep Worker at Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 344. Bonilla has not always been a member of a union during the period of time covered by the applicable statute of limitations. 345. Plaintiff Tyler Brafford ("Brafford") is a citizen and resident of the County of Pope in the State of Arkansas. 346. Brafford is a current Fork Lift Driver in Defendant's Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. 347. Brafford has always been a member of a union during the period of time covered by the applicable statute of limitations. 348. Plaintiff Paul Bragg ("Bragg") is a citizen and resident of the County of Yell in the State of Arkansas. 349. Bragg is a present Fork Lift Driver employed at the Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. 350. Bragg has not always been a member of a union during the period of time covered by the applicable statute of limitations. 351. Plaintiff Christine Bristol ("Bristol") is a citizen and resident of the County of Pope in the State of Arkansas. 352. Bristol is currently employed as a Weigh Person in Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Page 51 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 52 of 301 353. Bristol has always been a member of a union during the period of time covered by the applicable statute of limitations. 354. Plaintiff Anthony A. Brown ("A. Brown") is a citizen and resident of the County of Pope in the State of Arkansas. 355. A. Brown is a current Sanitation Pipe Employee in Defendant's Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. 356. A. Brown has always been a member of a union during the period of time covered by the applicable statute of limitations. 357. Plaintiff Earnest Lee Brown ("E. Brown") is a citizen and resident of the County of Pope in the State of Arkansas. 358. E. Brown is a current Operator II at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. E. Brown was also employed as a Pipe Employee during the past three (3) years. 359. E. Brown has always been a member of a union during the period of time covered by the applicable statute of limitations. 360. Plaintiff Lenard Ray Brown ("L. Brown") is a citizen and resident of the County of Pope in the State of Arkansas. 361. L. Brown is presently employed in the position of Lead at Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. L. Brown was also employed in the Page 52 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 53 of 301 positions of Sanitation Worker and Pan Wash Operator during the statute of limitations period. 362. L. Brown has always been a member of a union during the period of time covered by the applicable statute of limitations. 363. Plaintiff Connie Denise Bryant ("Bryant") is a citizen and resident of the County of Pope in the State of Arkansas. 364. Bryant is currently employed as a Fork Lift Driver in the Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 365. Bryant has not always been a member of a union during the period of time covered by the applicable statute of limitations. 366. Plaintiff Carolyn Burdine ("Burdine") is a citizen and resident of the County of Pope in the State of Arkansas. 367. Burdine is currently employed in the position of Plate Freezer Operator in the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 368. Burdine has not always been a member of a union during the period of time covered by the applicable statute of limitations. 369. Plaintiff Donald Byers ("Byers") is a citizen and resident of the County of Pope in the State of Arkansas. 370. Byers is presently employed as a Sanitation Worker at Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Page 53 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 54 of 301 371. Byers has always been a member of a union during the period of time covered by the applicable statute of limitations. 372. Plaintiff Ubilberto Caballero ("Caballero") is a citizen and resident of the County of Pope in the State of Arkansas. 373. Caballero is a current Line Server in the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 374. Caballero has always been a member of a union during the period of time covered by the applicable statute of limitations. 375. Plaintiff Armando Arias ("Armando Arias") is a citizen and resident of the County of Pope in the State of Arkansas. 376. Armando Arias is currently employed as a Line Server at Defendant's Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. 377. Armando Arias has not always been a member of a union during the period of time covered by the applicable statute of limitations. 378. Plaintiff Elder R. Cabrera ("Cabrera") is a citizen and resident of the County of Pope in the State of Arkansas. 379. Cabrera is presently employed as an Extra Board Prep Worker in Defendant's Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. 380. Cabrera has always been a member of a union during the period of time covered by the applicable statute of limitations. Page 54 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 55 of 301 381. Plaintiff Linda Calvin ("Calvin") is a citizen and resident of the County of Pope in the State of Arkansas. 382. Calvin is a current Sanitation Worker at the Russellville Plant. Her tenure began on or about September 21, 2010. 383. Calvin has not always been a member of a union during the period of time covered by the applicable statute of limitations. 384. Plaintiff Mercedes E. Campos ("M. Campos") is a citizen and resident of the County of Pope in the State of Arkansas. 385. M. Campos is currently employed as a Processor at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. M. Campos was also employed as a Fry Bake Operator during the past three (3) years. 386. M. Campos has not always been a member of a union during the period of time covered by the applicable statute of limitations. 387. Plaintiff Vicente Campos ("V. Campos') is a citizen and resident of the County of Pope in the State of Arkansas. 388. V. Campos is presently employed in Line Services at Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 389. V. Campos has not always been a member of a union during the period of time covered by the applicable statute of limitations. 390. Plaintif Rodolfo Canales ("Canales") is a citizen and resident of the County of Pope in the State of Arkansas. Page 55 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 56 of 301 391. Canales is currently employed as a Fork Lift Driver in the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 392. Canales has always been a member of a union during the period of time covered by the applicable statute of limitations. 393. Plaintiff Alberto Cargas ("Vargas") is a citizen and resident of the County of Pope in the State of Arkansas. Cargas's actual name is Alberto Vargas, and he was misidentified in the Fifth Amended and Substituted Complaint filed herein. 394. Vargas is currently employed as a Fork Lift Driver in the Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. 395. Vargas has always been a member of a union during the period of time covered by the applicable statute of limitations. 396. Plaintiff Mercedes Castro ("Castro") is a citizen and resident of the County of Pope in the State of Arkansas. 397. Castro is a current Processor at Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 398. Castro has not always been a member of a union during the period of time covered by the applicable statute of limitations. 399. Plaintiff Jorge Chica ("Chica") is a citizen and resident of the County of Pope in the State of Arkansas. Page 56 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 57 of 301 400. Chica is presently employed as a Processor in the Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. During the statute of limitations period, Chica was also employed as a Sanitation Worker. 401. Chica has always been a member of a union during the period of time covered by the applicable statute of limitations. 402. Plaintiff Richard Choate ("Choate") is a citizen and resident of the County of Pope in the State of Arkansas. 403. Choate is currently employed as a Sanitation Worker at Defendant's Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. 404. Choate has always been a member of a union during the period of time covered by the applicable statute of limitations. 405. Plaintiff James M. Christen is a citizen and resident of the County of Conway in the State of Arkansas. 406. Christen is presently employed as a Tailgater Operator in the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. During the statute of limitations period, Christen was also employed as a Line Server. 407. Christen has always been a member of a union during the period of time covered by the applicable statute of limitations. 408. Plaintiff William Clair ("Clair") is a citizen and resident of the County of Pope in the State of Arkansas. Page 57 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 58 of 301 409. Clair is currently employed as a Sanitation Worker in the Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. Clair was also employed as a Prep Worker during the statute of limitations period. 410. Clair has always been a member of a union during the period of time covered by the applicable statute of limitations. 411. Plaintiff Randy Dewayne Clark ("Clark") is a citizen and resident of the County of Pope in the State of Arkansas. 412. Clark is a current Sanitation Worker at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 413. Clark has not always been a member of a union during the period of time covered by the applicable statute of limitations. 414. Plaintiff Don Condley ("Condley") is a citizen and resident of the County of Pope in the State of Arkansas. 415. Condley is a present Fork Lift Driver employed in Defendant's Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. 416. Condley has always been a member of a union during the period of time covered by the applicable statute of limitations. 417. Plaintiff Debra Coonce ("Coonce") is a citizen and resident of the County of Pope in the State of Arkansas. Page 58 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 59 of 301 418. Coonce is currently employed as a Processor at the Russellville Plant. Her tenure has a spanned a period longer than the three (3) years immediately preceding the filing of this action. 419. Coonce has always been a member of a union during the period of time covered by the applicable statute of limitations. 420. Plaintiff Jessie Cooper ("Cooper") is a citizen and resident of the County of Pope in the State of Arkansas. 421. Cooper is presently employed in Production Maintenance at Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 422. Cooper has always been a member of a union during the period of time covered by the applicable statute of limitations. 423. Plaintiff Jenny L. Corona ("Corona") is a citizen and resident of the County of Pope in the State of Arkansas. 424. Corona is currently employed in the position of Processor in Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 425. Corona has not always been a member of a union during the period of time covered by the applicable statute of limitations. 426. Plaintiff Warren Cowen ("W. Cowen") is a citizen and resident of the County of Pope in the State of Arkansas. Page 59 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 60 of 301 427. W. Cowen is currently employed as a Line Server at the Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. 428. W. Cowen has not always been a member of a union during the period of time covered by the applicable statute of limitations. 429. Plaintiff Ernesto Antonio Crisostomo ("Crisostomo") is a citizen and resident of the County of Pope in the State of Arkansas. 430. Crisostomo is currently employed as a Line Server in Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 431. Crisostomo has not always been a member of a union during the period of time covered by the applicable statute of limitations. 432. Plaintiff Eric Criswell, Sr. ("Criswell, Sr.") is a citizen and resident of the County of Conway in the State of Arkansas. 433. Criswell, Sr. is currently employed as a Sanitation Worker at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 434. Criswell, Sr. has not always been a member of a union during the period of time covered by the applicable statute of limitations. 435. Plaintiff Nancy Cruz ("Nancy Cruz") is a citizen and resident of the County of Yell in the State of Arkansas. 436. Nancy Cruz is a current Line Server employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding Page 60 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 61 of 301 the filing of this action. During the statute of limitations period, Nancy Cruz was also employed in the positions of Cook, Processor, Operator II and Lead. 437. Nancy Cruz has always been a member of a union during the period of time covered by the applicable statute of limitations. 438. Plaintiff Nelson A. Cruz ("Nelson A. Cruz") is a citizen and resident of the County of Yell in the State of Arkansas. 439. Nelson A. Cruz is presently employed as a Line Server in Defendant's Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. Nelson A. Cruz was also employed as a Utility Prep during the statute of limitations period. 440. Nelson A. Cruz has not always been a member of a union during the period of time covered by the applicable statute of limitations. 441. Plaintiff Samuel Avila Cruz ("S. Cruz") is a citizen and resident of the County of Pope in the State of Arkansas. 442. S. Cruz is presently employed as a Line Server at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 443. S. Cruz has not always been a member of a union during the period of time covered by the applicable statute of limitations. 444. Plaintiff Charlotte Cummings ("Cummings") is a citizen and resident of the County of Pope in the State of Arkansas. Page 61 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 62 of 301 445. Cummings is a current Freezer Operator in Defendant's Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 446. Cummings has always been a member of a union during the period of time covered by the applicable statute of limitations. 447. Plaintiff Clifford Harold Davis ("Clifford Davis") is a citizen and resident of the County of Pope in the State of Arkansas. 448. Clifford Davis is currently employed as a Utility Prep at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 449. Clifford Davis has not always been a member of a union during the period of time covered by the applicable statute of limitations. 450. Plaintiff Eddie Neil Davis ("Eddie Davis") is a citizen and resident of the County of Yell in the State of Arkansas. 451. Eddie Davis is currently employed as an Electrician in Defendant's Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. During the statute of limitations period, Eddie Davis was also employed as a Mechanic. 452. Eddie Davis has always been a member of a union during the period of time covered by the applicable statute of limitations. 453. Plaintiff Ellis Christopher Davis, Sr. ("Ellis Davis, Sr.") is a citizen and resident of the County of Yell in the State of Arkansas. Page 62 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 63 of 301 454. Ellis Davis, Sr. is presently employed in Production Maintenance at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 455. Ellis Davis, Sr. has not always been a member of a union during the period of time covered by the applicable statute of limitations. 456. Plaintiff Claudia De Paz ("De Paz") is a citizen and resident of the County of Pope in the State of Arkansas. 457. De Paz is presently employed as a Fork Lift Driver in the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 458. De Paz has always been a member of a union during the period of time covered by the applicable statute of limitations. 459. Plaintiff Gail DeBardelaben ("DeBardelaben") is a citizen and resident of the County of Pope in the State of Arkansas. 460. DeBardelaben is presently employed as a Sanitation Worker in the Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 461. DeBardelaben has always been a member of a union during the period of time covered by the applicable statute of limitations. 462. Plaintiff Victor Delgado ("Delgado") is a citizen and resident of the County of Yell in the State of Arkansas. Page 63 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 64 of 301 463. Delgado is presently employed in the position of Line Server at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 464. Delgado has always been a member of a union during the period of time covered by the applicable statute of limitations. 465. Plaintiff Ruth Demmitt ("Demmitt") is a citizen and resident of the County of Pope in the State of Arkansas. 466. Demmitt is currently employed as a Processor at Defendant's Russellville Plant. Her tenure has a spanned a period longer than the three (3) years immediately preceding the filing of this action. 467. Demmitt has always been a member of a union during the period of time covered by the applicable statute of limitations. 468. Plaintiff Barbara DeVore ("DeVore") is a citizen and resident of the County of Pope in the State of Arkansas. 469. DeVore was formerly employed in the position of Operator Ill at Defendant's Russellville Plant. Her tenure began on or about November 11, 1991, and it ended on or about March 1, 2012. 470. DeVore was always a member of a union during the period of time covered by the applicable statute of limitations. 471. Plaintiff Carlos Diaz ("Diaz") is a citizen and resident of the County of Pope in the State of Arkansas. 472. Diaz is a currently employed as a Sanitation Worker at the Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of Page 64 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 65 of 301 this action. During the statute of limitations period, Diaz was also employed as a Processor. 473. Upon information and belief, Diaz has not always been a member of a union during the period of time covered by the applicable statute of limitations. 474. Plaintiff Donna Diggs ("Diggs") is a citizen and resident of the County of Yell in the State of Arkansas. 475. Diggs is presently employed as a Food Processor in Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 476. Diggs has not always been a member of a union during the period of time covered by the applicable statute of limitations. 477. Plaintiff Barbara A. Dugger ("Dugger") is a citizen and resident of the County of Conway in the State of Arkansas. 478. Dugger is currently employed as a Fork Lift Driver in Defendant's Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 479. Dugger has always been a member of a union during the period of time covered by the applicable statute of limitations. 480. Plaintiff Leonard Durham ("Durham") is a citizen and resident of the County of Pope in the State of Arkansas. 481. Durham is presently employed in the position of Fork Lift Driver in Defendant's Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. Page 65 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action.-------------------------------------~---------Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 66 of 301 482. Durham has always been a member of a union during the period of time covered by the applicable statute of limitations. 483. Plaintiff India Duvall ("1. Duvall") is a citizen and resident of the County of Pope in the State of Arkansas. 484. I. Duvall is currently employed as a Fork Lift Driver at Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. During the statute of limitations period, I. Duvall was also employed as an Operator. 485. I. Duvall has not always been a member of a union during the period of time covered by the applicable statute of limitations. 486. Plaintiff Jodie Edwards ("Edwards") is a citizen and resident of the County of Pope in the State of Arkansas. 487. Edwards is presently employed as an Extra Board Process Operator at the Russellville Plant. Her tenure began prior to the three (3) years immediately preceding the filing of this action. 488. Edwards has always been a member of a union during the period of time covered by the applicable statute of limitations. 489. Plaintiff Doy England ("England") is a citizen and resident of the County of Pope in the State of Arkansas. 490. England is presently employed in Building Maintenance at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Page 66 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 67 of 301 491. England has not always been a member of a union during the period of time covered by the applicable statute of limitations. 492. Plaintiff Carla Escobar ("Escobar") is a citizen and resident of the County of Yell in the State of Arkansas. 493. Escobar is currently employed in Production Maintenance at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 494. Escobar has not always been a member of a union during the period of time covered by the applicable statute of limitations. 495. Plaintiff Helen Farmer ("Farmer") is a citizen and resident of the County of Yell in the State of Arkansas. 496. Farmer is currently employed as a Fork Lift Driver at Defendant's Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 497. Farmer has not always been a member of a union during the period of time covered by the applicable statute of limitations. 498. Plaintiff Miguel Figueroa ("Figueroa") is a citizen and resident of the County of Pope in the State of Arkansas. 499. Figueroa is presently employed as a Processor at Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Figueroa was also employed as a Line Server during the statute of limitations period. Page 67 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 68 of 301 500. Figueroa has always been a member of a union during the period of time covered by the applicable statute of limitations. 501. Plaintiff Joanna Kay Ford ("Ford") is a citizen and resident of the County of Pope in the State of Arkansas. 502. Ford is a current Sanitation Lead at the Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. Ford was also employed in the position of Sanitation Worker during the applicable statute of limitations period. 503. Ford has always been a member of a union during the period of time covered by the applicable statute of limitations. 504. Plaintiff Roxanne Foster ("R. Foster") is a citizen and resident of the County of Yell in the State of Arkansas. 505. R. Foster is presently employed in the position of Fork Lift Driver in Defendant's Russellville Plant. Her tenure began prior to the three (3) years immediately preceding the filing of this action. 506. R. Foster has always been a member of a union during the period of time covered by the applicable statute of limitations. 507. Plaintiff Garland Freeman, Jr. ("G. Freeman, Jr.") is a citizen and resident of the County of Pope in the State of Arkansas. 508. G. Freeman, Jr. is currently employed as a Sanitation Worker at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Page 68 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 69 of 301 509. G. Freeman, Jr. has always been a member of a union during the period of time covered by the applicable statute of limitations. 510. Plaintiff Randy Freeman ("R. Freeman") is a citizen and resident of the County of Pope in the State of Arkansas. 511. R. Freeman is a current Sanitation Worker employed at Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. R. Freeman was also employed as a Fork Lift Driver during the statute of limitations period. 512. R. Freeman has always been a member of a union during the period of time covered by the applicable statute of limitations. 513. Plaintiff Velma Freeman ("V. Freeman") is a citizen and resident of the County of Pope in the State of Arkansas. 514. V. Freeman is presently employed as a Cook in the Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 515. V. Freeman has always been a member of a union during the period of time covered by the applicable statute of limitations. 516. Plaintiff Pamela Freitas ("Freitas") is a citizen and resident of the County of Pope in the State of Arkansas. 517. Freitas is a current Pipe Employee in Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 518. Freitas has always been a member of a union during the period of time covered by the applicable statute of limitations. Page 69 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 70 of 301 519. Plaintiff Joshua Tyler Thomas Fryar ("J. Fryar") is a citizen and resident of the County of Yell in the State of Arkansas. 520. J. Fryar is currently employed in the position of Mechanic A at the Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. J. Fryar was also employed in the position of Mechanic 8 during the last three (3) years. 521. J. Fryar has always been a member of a union during the period of time covered by the applicable statute of limitations. 522. Plaintiff Kathy Fryar ("K. Fryar") is a citizen and resident of the County of Yell in the State of Arkansas. 523. K. Fryar is presently employed as a Lead at Defendant's Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. K. Fryar was also employed as a Cook during the past three (3) years. 524. K. Fryar has always been a member of a union during the period of time covered by the applicable statute of limitations. 525. Plaintiff Richard Fryar ("R. Fryar") is a citizen and resident of the County of Yell in the State of Arkansas. 526. R. Fryar is currently employed as a Cook in the Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. 527. R. Fryar has always been a member of a union during the period of time covered by the applicable statute of limitations. 528. Plaintiff Federico Fuentes ("Fuentes") is a citizen and resident of the County of Pope in the State of Arkansas. Page 70 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 71 of 301 529. Fuentes is currently employed as a Prep Worker at Defendant's Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. 530. Fuentes has always been a member of a union during the period of time covered by the applicable statute of limitations. 531. Plaintiff Stephen Gadberry ("Gadberry") is a citizen and resident of the County of Yell in the State of Arkansas. 532. Gadberry is a current Fork Lift Driver in the Russellville Plant. His tenure began on or about January 4, 2010. 533. Gadberry has not always been a member of a union during the period of time covered by the applicable statute of limitations. 534. Plaintiff Aurora Garcia ("A. Garcia") is a citizen and resident of the County of Pope in the State of Arkansas. 535. A. Garcia is presently employed in Production Maintenance at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 536. A. Garcia has not always been a member of a union during the period of time covered by the applicable statute of limitations. 537. Plaintiff Elizabeth Garcia ("E. Garcia") is a citizen and resident of the County of Pope in the State of Arkansas. 538. E. Garcia was formerly employed in the position of Quality Control Technician in the Russellville Plant. Her tenure began on or about September 10, 2010, and it ended on or about November 22, 2011. Page 71 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action,------------------------Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 72 of 301 539. E. Garcia was not always a member of a union during the period of time covered by the applicable statute of limitations. 540. Plaintiff Ignacio T. Garcia, Jr. ("I. Garcia, Jr.") is a citizen and resident of the County of Yell in the State of Arkansas. 541. I. Garcia, Jr. is currently employed as a Line Server at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. During the statute of limitations period, I. Garcia, Jr. was also employed in Receiving and as a Prep Worker. 542. I. Garcia, Jr. has not always been a member of a union during the period of time covered by the applicable statute of limitations. 543. Plaintiff Patricia Morales Garcia ("P. Garcia") is a citizen and resident of the County of Pope in the State of Arkansas. 544. P. Garcia is presently employed as a Quality Control Technician in Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. P. Garcia was also employed in the position of Processor during the statute of limitations period. 545. P. Garcia has not always been a member of a union during the period of time covered by the applicable statute of limitations. 546. Plaintiff Charlie George ("C. George") is a citizen and resident of the County of Yell in the State of Arkansas. 547. C. George is currently employed in Production Maintenance at the Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. Page 72 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 73 of 301 548. C. George has always been a member of a union during the period of time covered by the applicable statute of limitations. 549. Plaintiff James Michael George ("J. George") is a citizen and resident of the County of Yell in the State of Arkansas. 550. J. George is currently employed in the position of Line Server in Defendant's Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. 551. J. George has not always been a member of a union during the period of time covered by the applicable statute of limitations. 552. Plaintiff Violet Germany ("Germany") is a citizen and resident of the County of Pope in the State of Arkansas. 553. Germany is presently employed as a Fry Bake Specialist at the Russellville Plant. Her tenure began prior to the three (3) years immediately preceding the filing of this action. 554. Germany has always been a member of a union during the period of time covered by the applicable statute of limitations. 555. Plaintiff Time Gist ("Gist") is a citizen and resident of the County of Pope in the State of Arkansas. 556. Gist is currently employed as a Fork Lift Driver in Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 557. Gist has always been a member of a union during the period of time covered by the applicable statute of limitations. Page 73 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 74 of 301 558. Plaintiff Debbie Glass ("Glass") is a citizen and resident of the County of Pope in the State of Arkansas. 559. Glass is currently employed as a Processor in Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 560. Glass has always been a member of union during the period of time covered by the applicable statute of limitations. 561. Plaintiff Delfino Gonzalez ("D. Gonzalez") is a citizen and resident of the County of Pope in the State of Arkansas. 562. D. Gonzalez is currently employed as a Line Server at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. D. Gonzalez was also employed in the position of Fork Lift Driver during the statute of limitations period. 563. D. Gonzalez has always been a member of a union during the period of time covered by the applicable statute of limitations. 564. Plaintiff Eloy Gonzalez, Jr. ("E. Gonzalez, Jr.) is a citizen and resident of the County of Pope in the State of Arkansas. 565. E. Gonzalez, Jr. is presently employed as a Line Server at the Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. During the statute of limitations period, E. Gonzalez, Jr. was also employed in the positions of Processor, Operator, and Sanitation Worker. 566. E. Gonzalez, Jr. has not always been a member of a union during the period of time covered by the applicable statute of limitations. Page 74 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 75 of 301 567. Plaintiff Jose Gonzalez ("J. Gonzalez") is a citizen and resident of the County of Yell in the State of Arkansas 568. J. Gonzalez is currently employed as a Tailgater Operator at Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. J. Gonzalez was also employed as a Line Server during the statute of limitations period. 569. J. Gonzalez has always been a member of a union during the period of time covered by the applicable statute of limitations. 570. Plaintiff Leticia Gonzalez ("Leticia Gonzalez") is a citizen and resident of the County of Pope in the State of Arkansas. 571. Leticia Gonzalez is presently employed as a Sanitation Worker in the Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. Leticia Gonzalez was also employed as a Processor during the past three (3) years. 572. Leticia Gonzalez has always been a member of a union during the period of time covered by the applicable statute of limitations. 573. Plaintiff Luis Gonzales ("Luis Gonzales") is a citizen and resident of the County of Pope in the State of Arkansas. 574. Luis Gonzales is a current Line Server at Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Luis Gonzales was also employed as a Sanitation Worker during the statute of limitations period. Page 75 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 76 of 301 575. Luis Gonzales has always been a member of a union during the period of time covered by the applicable statute of limitations. 576. Plaintiff Nestor Gonzalez ("N. Gonzalez") is a citizen and resident of the County of Pope in the State of Arkansas. 577. N. Gonzalez is currently employed as a Prep Worker at the Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. 578. N. Gonzalez has always been a member of a union during the period of time covered by the applicable statute of limitations. 579. Plaintiff Oscar Gonzalez ("0. Gonzalez") is a citizen and resident of the County of Pope in the State of Arkansas. 580. 0. Gonzalez is currently employed as a Process Operator in Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 581. 0. Gonzalez has always been a member of a union during the period of time covered by the applicable statute of limitations. 582. Plaintiff Linda Griffin ("Griffin") is a citizen and resident of the County of Pope in the State of Arkansas. 583. Griffin is presently employed as a Cook in the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 584. Griffin has always been a member of a union during the period of time covered by the applicable statute of limitations. Page 76 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 77 of 301 585. Plaintiff Marsha Hackler ("Hackler") is a citizen and resident of the County of Pope in the State of Arkansas. 586. Hackler is a current Sanitation Worker in Defendant's Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 587. Hackler has always been a member of a union during the period of time covered by the applicable statute of limitations. 588. Plaintiff Carrie Haley ("Haley") is a citizen and resident of the County of Pope in the State of Arkansas. 589. Haley is presently employed as a Quality Control Technician at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Haley was also employed in the positions of Carton Machine Operator and Processor during the statute of limitations period. 590. Haley has always been a member of a union during the period of time covered by the applicable statute of limitations. 591. Plaintiff Nancy Ann Havenstrite ("Havenstrite") is a citizen and resident of the County of Pope in the State of Arkansas. 592. Havenstrite is currently employed as a Processor at Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 593. Havenstrite has not always been a member of a union during the period of time covered by the applicable statute of limitations. Page 77 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 78 of 301 594. Plaintiff Victoria Mae Heaton ("Heaton") is a citizen and resident of the County of Pope in the State of Arkansas. 595. Heaton is currently employed as a Processor at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 596. Heaton has always been a member of a union during the period of time covered by the applicable statute of limitations. 597. Plaintiff Nancy Hentschel ("Hentschel") is a citizen and resident of the County of Pope in the State of Arkansas. 598. Hentschel is currently employed as a Processor at Defendant's Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 599. Hentschel has always been a member of a union during the period of time covered by the applicable statute of limitations. 600. Plaintiff Alexander B. Hernandez ("A. Hernandez") is a citizen and resident of the County of Pope in the State of Arkansas. 601. A. Hernandez is currently employed as a Prep Worker at Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 602. A. Hernandez has always been a member of a union during the period of time covered by the applicable statute of limitations. 603. Plaintiff Jose Luis Hernandez ("J. Hernandez") is a citizen and resident of the County of Yell in the State of Arkansas. Page 78 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 79 of 301 604. J. Hernandez is presently employed as a Line Server in the Russellville Plant. His tenure has spanned a period longer then the three (3) years immediately preceding the filing of this action. 605. J. Hernandez has always been a member of a union during the period of time covered by the applicable statute of limitations. 606. Plaintiff Maribel Hernandez ("M. Hernandez") is a citizen and resident of the County of Pope in the State of Arkansas. 607. M. Hernandez is currently employed in the position of Processor at Defendant's Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 608. M. Hernandez has always been a member of a union during the period of time covered by the applicable statute of limitations. 609. Plaintiff Rosa M. Herrera ("Herrera") is a citizen and resident of the County of Pope in the State of Arkansas. 610. Herrera is currently employed as a Processor in the Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 611. Herrera has always been a member of a union during the period of time covered by the applicable statute of limitations. 612. Plaintiff Donald Hill ("Hill") is a citizen and resident of the County of Pope in the State of Arkansas. 613. Hill is a present Case Packer Operator in Defendant's Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this Page 79 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 80 of 301 action. Hill was also employed in Production Maintenance during the statute of limitations period. 614. Hill has always been a member of a union during the period of time covered by the applicable statute of limitations. 615. Plaintiff Randall Hillis ("Hillis") is a citizen and resident of the County of Pope in the State of Arkansas. 616. Hillis is currently employed as a Spice Room Receiver at Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 617. Hillis has not always been a member of a union during the period of time covered by the applicable statute of limitations. 618. Plaintiff Connie Hollis ("Hollis") is a citizen and resident of the County of Pope in the State of Arkansas. 619. Hollis is presently employed as a Lead at Defendant's Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. Hollis was also employed as a Processor during the last three (3) years. 620. Hollis has not always been a member of a union during the period of time covered by the applicable statute of limitations. 621. Plaintiff William Holmes ("Holmes") is a citizen and resident of the County of Pope in the State of Arkansas. 622. Holmes is currently employed as a Spice Prep Worker in the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Page 80 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 81 of 301 623. Holmes has always been a member of a union during the period of time covered by the applicable statute of limitations. 624. Plaintiff Donnal L. Hudson ("D. Hudson") is a citizen and resident of the County of Pope in the State of Arkansas. 625. D. Hudson is currently employed in the position of Utility Prep at Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 626. D. Hudson has always been a member of a union during the period of time covered by the applicable statute of limitations. 627. Plaintiff Natasha Hutcherson ("Hutcherson") is presently employed as a Fork Lift Driver in the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 628. Hutcherson has not always been a member of a union during the period of time covered by the applicable statute of limitations. 629. Plaintiff Stephanie Jackson ("Jackson") is a citizen and resident of the County of Pope in the State of Arkansas. 630. Jackson is currently employed as a Processor in the Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 631. Jackson has always been a member of a union during the period of time covered by the applicable statute of limitations. 632. Plaintiff Sunny James ("S. James") is a citizen and resident of the County of Pope in the State of Arkansas. Page 81 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 82 of 301 633. S. James is presently employed as a Freezer Operator at Defendant's Russellville Plant. Her tenure has a spanned a period longer than the three (3) years immediately preceding the filing of this action. S. James was also employed as an Operator Ill, Carton Machine Worker, and Case Packer Operator during the statute of limitations period. 634. S. James has not always been a member of a union during the period of time covered by the applicable statute of limitations. 635. Plaintiff Wayman James ("W. James") is a citizen and resident of the County of Pope in the State of Arkansas. 636. W. James is a current Case Packer Operator at the Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. W. James was also employed as a Sanitation Worker during the last three (3) years. 637. W. James has not always been a member of a union during the period of time covered by the applicable statute of limitations. 638. Plaintiff Donna G. Johnson ("D. Johnson") is a citizen and resident of the County of Pope in the State of Arkansas. 639. D. Johnson is presently employed as a Quality Assurance Technician in Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 640. D. Johnson has not always been a member of a union during the period of time covered by the applicable statute of limitations. 641. Plaintiff Laura Johnson ("L. Johnson") is a citizen and resident of the County of Pope in the State of Arkansas. Page 82 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 83 of 301 642. L. Johnson is presently employed as a Fry Bake Specialist at the Russellville Plant. Her tenure began prior to the three (3) years immediately preceding the filing of this action. During the statute of limitations period, L. Johnson was also employed as a Sanitation Worker. 643. L. Johnson has not always been a member of a union during the period of time covered by the applicable statute of limitations. 644. Plaintiff Marianne Johnson ("M. Johnson") is a citizen and resident of the County of Pope in the State of Arkansas. 645. M. Johnson is a current Production Line Employee at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 646. M. Johnson has not always been a member of a union during the period of time covered by the applicable statute of limitations. 647. Plaintiff Joan Johnston ("Johnston") is a citizen and resident of the County of Pope in the State of Arkansas. 648. Johnston is currently employed in the position of Processor in the Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 649. Johnston has not always been a member of a union during the period of time covered by the applicable statute of limitations. 650. Plaintiff Artemio Juarez ("Juarez") is a citizen and resident of the County of Yell in the State of Arkansas. Page 83 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 84 of 301 651. Juarez is presently employed as a Sanitation Worker in Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. During the statute of limitations period, Juarez was also employed in the positions of Prep Worker and Line Server. 652. Juarez has always been a member of a union during the period of time covered by the applicable statute of limitations. 653. Plaintiff Linda Julian ("Julian") is a citizen and resident of the County of Pope in the State of Arkansas. 654. Julian is currently employed as a Processor at the Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 655. Julian has not always been a member of a union during the period of time covered by the applicable statute of limitations. 656. Plaintiff Rebecca Lacy ("Lacy") is a citizen and resident of the County of Pope in the State of Arkansas. 657. Lacy is presently employed as a Sanitation Worker in Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Lacy was also employed as a Pipe Employee during the last three (3) years. 658. Lacy has always been a member of a union during the period of time covered by the applicable statute of limitations. 659. Plaintiff Celina Lama ("Lama") is a citizen and resident of the County of Pope in the State of Arkansas. Page 84 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 85 of 301 660. Lama is currently employed in the position of Processor Operator at the Russellville Plant. Her tenure began prior to the three (3) years immediately preceding the filing of this action. 661. Lama has always been a member of a union during the period of time covered by the applicable statute of limitations. 662. Plaintiff Marta Lara ("Lara") is a citizen and resident of the County of Yell in the State of Arkansas. 663. Lara is currently employed as a Processor in Defendant's Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 664. Lara has always been a member of a union during the period of time covered by the applicable statute of limitations. 665. Plaintiff Sonya Sue Leavell ("Leavell") is a citizen and resident of the County of Pope in the State of Arkansas. 666. Leavell is presently employed as a Fork Lift Driver at Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Leavell was also employed in Inventory Control during the statute of limitations period. 667. Leavell was always a member of a union during the period of time covered by the applicable statute of limitations. 668. Plaintiff Dennis Lemarr ("D. Lemarr") is a citizen and resident of the County of Pope in the State of Arkansas. Page 85 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 86 of 301 669. D. Lemarr is currently employed in the position of Processor in Defendant's Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. 670. D. Lemarr has always been a member of a union during the period of time covered by the applicable statute of limitations. 671. Plaintiff Irvin Lemarr ("I. Lemarr") is a citizen and resident of the County of Pope in the State of Arkansas. 672. I. Lemarr is currently employed in the position of Utility Prep at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 673. I. Lemarr has not always been a member of a union during the period of time covered by the applicable statute of limitations. 674. Plaintiff Carol Jean Lievsay ("Lievsay") is a citizen and resident of the County of Pope in the State of Arkansas. 675. Lievsay is currently employed as a Processor in the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 676. Lievsay has not always been a member of a union during the period of time covered by the applicable statute of limitations. 677. Plaintiff Donna S. Long ("Long") is a citizen and resident of the County of Pope in the State of Arkansas. 678. Long is currently employed as a Processor at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the Page 86 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 87 of 301 filing of this action. During the statute of limitations period, Long was also employed as a Cart Machine Operator. 679. Long has not always been a member of a union during the period of time covered by the applicable statute of limitations. 680. Plaintiff Abdon Lozano ("Lozano") is a citizen and resident of the County of Pope in the State of Arkansas. 681. Lozano is currently employed as a Sanitation Worker in the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Lozano was also employed in the positions of Prep Worker, Line Server, and Fork Lift Driver during the past three (3) years. 682. Lozano has not always been a member of a union during the period of time covered by the applicable statute of limitations. 683. Plaintiff Deborah Mahan ("Mahan") is a citizen and resident of the County of Pope in the State of Arkansas. 684. Mahan is currently employed as a Sanitation Worker in Defendant's Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 685. Mahan has always been a member of a union during the period of time covered by the applicable statute of limitations. 686. Plaintiff Jorge A. Marcia ("Marcia") is a citizen and resident of the County of Pope in the State of Arkansas. Page 87 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 88 of 301 687. Marcia is currently employed in the position of Prep Worker at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 688. Marcia has not always been a member of a union during the period of time covered by the applicable statute of limitations. 689. Plaintiff Antonio Paz Mares ("Mares") is a citizen and resident of the County of Pope in the State of Arkansas. 690. Mares is a former Line Server who was employed at the Russellville Plant. His tenure began on or about September 20, 2004, and it ended on or about May, 2011. 691. Mares was not always a member of a union during the period of time covered by the applicable statute of limitations. 692. Plaintiff Alicia Martin ("Alicia Martin") is a citizen and resident of the County of Conway in the State of Arkansas. 693. Alicia Martin is currently employed as a Machine Operator at Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Alicia Martin was also employed in the positions of Operator I and Processor during the statute of limitations period. 694. Alicia Martin has not always been a member of a union during the period of time covered by the applicable statute of limitations. 695. Plaintiff Adriana Martinez ("Adriana Martinez") is a citizen and resident of the County of Pope in the State of Arkansas. 696. Adriana Martinez is presently employed as a Fry Bake Specialist in Defendant's Russellville Plant. Her tenure began prior to the three (3) years immediately Page 88 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 89 of 301 preceding the filing of this action. Adriana Martinez was also employed in the positions of Carton Machine Operator, Extra Board Weigh Person, and Processor during the statute of limitations period. 697. Adriana Martinez has not always been a member of a union during the period of time covered by the applicable statute of limitations. 698. Plaintiff Augustin Martinez ("Augustin Martinez") is a citizen and resident of the County of Yell in the State of Arkansas. 699. Augustin Martinez is currently employed in the position of Utility Prep Worker at Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 700. Augustin Martinez has always been a member of a union during the period of time covered by the applicable statute of limitations. 701. Plaintiff Carlos Martinez ("Carlos Martinez") is a citizen and resident of the County of Pope in the State of Arkansas. 702. Carlos Martinez is presently employed as a Sanitation Worker in the Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. 703. Carlos Martinez has not always been a member of a union during the period of time covered by the applicable statute of limitations. 704. Plaintiff Carlos D. Martinez ("Carlos D. Martinez") is a citizen and resident of the County of Pope in the State of Arkansas. Page 89 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 90 of 301 705. Carlos D. Martinez is a current Prep Worker employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 706. Carlos D. Martinez has not always been a member of a union during the period of time covered by the applicable statute of limitations. 707. Plaintiff John Mason ("Mason") is a citizen and resident of the County of Pope in the State of Arkansas. 708. Mason is a former Fork Lift Driver who was employed in Defendant's Russellville Plant. His tenure began on or about July 21, 2009, and it ended on or about September 27, 2011. Mason was also employed in Production Maintenance during the statute of limitations period. 709. Mason was not always a member of a union during the period of time covered by the applicable statute of limitations. 710. Plaintiff Ben Maturino ("Maturino") is a citizen and resident of the County of Pope in the State of Arkansas. 711. Maturino is a current Fork Lift Driver employed in the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 712. Maturino has not always been a member of a union during the period of time covered by the applicable statute of limitations. 713. Plaintiff Judy C. McClure ("J. McClure") is a citizen and resident of the County of Yell in the State of Arkansas. Page 90 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 91 of 301 714. J. McClure was formerly employed as a Fork Lift Driver at Defendant's Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action, and it ended on or about May 18, 2011. 715. J. McClure was always a member of a union during the period of time covered by the applicable statute of limitations. 716. Plaintiff Tommy McClure ("T. McClure") is a citizen and resident of the County of Yell in the State of Arkansas. 717. T. McClure is currently employed as a Fork Lift Driver in the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 718. T. McClure has always been a member of a union during the period of time covered by the applicable statute of limitations. 719. Plaintiff Cynthia Dianne McDaniel ("McDaniel") is a citizen and resident of the County of Conway in the State of Arkansas. 720. McDaniel is currently employed in the position of Operator Ill at the Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 721. McDaniel has not always been a member of a union during the period of time covered by the applicable statute of limitations. 722. Plaintiff Bonnie McNamara ("McNamara") is a citizen and resident of the County of Pope in the State of Arkansas. Page 91 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 92 of 301 723. McNamara is presently employed in Production Maintenance in the Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 724. McNamara has always been a member of a union during the period of time covered by the applicable statute of limitations. 725. Plaintiff Linda McPherson ("McPherson") is a citizen and resident of the County of Pope in the State of Arkansas. · 726. McPherson is presently employed as a Weigh Person in the Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. McPherson was also employed in the positions of Pan Wash Operator and Processor during the past three (3) years. 727. McPherson has always been a member of a union during the period of time covered by the applicable statute of limitations. 728. Plaintiff Jose Mejia ("J. Mejia") is a citizen and resident of the County of Yell in the State of Arkansas. 729. J. Mejia is presently employed in the position of Line Server at Defendant's Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. 730. J. Mejia has not always been a member of a union during the period of time covered by the applicable statute of limitations. 731. Plaintiff Susana Mejia ("S. Mejia") is a citizen and resident of the County of Yell in the State of Arkansas. Page 92 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 93 of 301 732. S. Mejia is currently employed as a Processor in the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 733. S. Mejia has not always been a member of a union during the period of time covered by the applicable statute of limitations. 734. Plaintiff Darlene Melton ("Melton") is a citizen and resident of the County of Pope in the State of Arkansas. 735. Melton is currently employed as a Processor at Defendant's Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 736. Melton has not always been a member of a union during the period of time covered by the applicable statute of limitations. 737. Plaintiff Adrianna Mena ("A. Mena") is a citizen and resident of the County of Pope in the State of Arkansas. 738. A. Mena is presently employed as a Food Processor at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 739. Upon information and belief, A. Mena has not always been a member of a union during the period of time covered by the applicable statute of limitations. 740. Plaintiff Oscar Armando Mena ("0. Mena") is a citizen and resident of the County of Pope in the State of Arkansas. Page 93 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 94 of 301 741. 0. Mena is currently employed as a Line Server at Defendant's Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. 742. 0. Mena has always been a member of a union during the period of time covered by the applicable statute of limitations. 743. Plaintiff Maria E. Menjivar ("Menjivar") is a citizen and resident of the County of Pope in the State of Arkansas. 744. Menjivar is a current Processor in the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 745. Menjivar has always been a member of a union during the period of time covered by the applicable statute of limitations. 746. Plaintiff Jarman Moody ("Moody") is a citizen and resident of the County of Pope in the State of Arkansas. 747. Moody is a present Pipe Employee at Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 748. Moody has always been a member of a union during the period of time covered by the applicable statute of limitations. 749. Plaintiff Jesus Morales ("Jesus Morales") is a citizen and resident of the County of Pope in the State of Arkansas. 750. Jesus Morales is currently employed as a Case Packer Operator in the Russellville Plant. His tenure has spanned a period longer than the three (3) years Page 94 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 95 of 301 immediately preceding the filing of this action. During the past three (3) years, Jesus Morales was also employed as a Line Server. 751. Jesus Morales has always been a member of a union during the period of time covered by the applicable statute of limitations. 752. Plaintiff Jose Morales ("Jose Morales") is a citizen and resident of the County of Yell in the State of Arkansas. 753. Jose Morales is presently employed in the position of Line Server at Defendant's Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. 754. Jose Morales has always been a member of a union during the period of time covered by the applicable statute of limitations. 755. Plaintiff Juan Carlos Morales ("Juan Morales") is a citizen and resident of the County of Pope in the State of Arkansas. 756. Juan Morales is currently employed as a Line Server at the Russellville Plant. His tenure began before the three (3) year period immediately preceding the filing of this action. 757. Juan Morales has not always been a member of a union during the period of time covered by the applicable statute of limitations. 758. Plaintiff Maria Del Carmen Morales ("Maria Morales") is a citizen and resident of the County of Pope in the State of Arkansas. 759. Maria Morales is currently employed as a Processor in the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Page 95 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 96 of 301 760. Maria Moralas has always been a member of a union during the period of time covered by the applicable statute of limitations. 761. Plaintiff Marlon Garcia Morales ("Marlon Morales") is a citizen and resident of the County of Pope in the State of Arkansas. 762. Marlon Morales is currently employed as a Prep Worker at Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 763. Marlon Morales has always been a member of a union during the period of time covered by the applicable statute of limitations. 764. Plaintiff Walter Morales ("W. Morales") is a citizen and resident of the County of Pope in the State of Arkansas. 765. W. Morales is a current Prep Worker in the Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. 766. W. Morales has not always been a member of a union during the period of time covered by the applicable statute of limitations. 767. Plaintiff Domingo Moran ("Moran") is a citizen and resident of the County of Pope in the State of Arkansas. 768. Moran is currently employed as a Processor at the Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. Moran was also employed as a Prep Worker during the statute of limitations period. 769. Moran has always been a member of a union during the period of time covered by the applicable statute of limitations. Page 96 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 97 of 301 770. Plaintiff Tammy Morton ("Morton") is a citizen and resident of the County of Pope in the State of Arkansas. 771. Morton is presently employed as a Freezer Operator II at Defendant's Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. During the statute of limitations period, Morton was also employed in Weight Control. 772. Morton has not always been a member of a union during the period of time covered by the applicable statute of limitations. 773. Plaintiff Elizabeth Moudy ("Moudy") is a citizen and resident of the County of Pope in the State of Arkansas. 774. Moudy is presently employed as a Lead at Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Moudy was also employed as a Cook during the past three (3) years. 775. Moudy has always been a member of a union during the period of time covered by the applicable statute of limitations. 776. Plaintiff Carrie Murchison ("Murchison") is a citizen and resident of the County of Pope in the State of Arkansas. 777. Murchison is currently employed in the position of Processor at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 778. Murchison has not always been a member of a union during the period of time covered by the applicable statute of limitations. Page 97 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 98 of 301 779. Plaintiff Ignacio Murillo ("Murillo") is a citizen and resident of the County of Pope in the State of Arkansas. 780. Murillo is a current Process Operator employed at Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 781. Murillo has not always been a member of a union during the period of time covered by the applicable statute of limitations. 782. Plaintiff Cynthia Nelson ("C. Nelson") is a citizen and resident of the County of Pope in the State of Arkansas. 783. C. Nelson is presently employed as a Lead at Defendant's Russellville Plant. Her initial tenure began prior to the three (3) years immediately preceding the filing of this action, and it ended on or about August 31, 2009. Her second period of tenure began on or about April, 2010. Nelson was also employed as a Prep Worker during the statute of limitations period. 784. C. Nelson has not always been a member of a union during the period of time covered by the applicable statute of limitations. 785. Plaintiff Priscilla J. Noblett ("Noblett") is a citizen and resident of the County of Pope in the State of Arkansas. 786. Noblett is currently employed in the position of Processor at Defendant's Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 787. Noblett has always been a member of union during the period of time covered by the applicable statute of limitations. Page 98 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 99 of 301 788. Plaintiff Betty Norris ("Norris") is a citizen and resident of the County of Pope in the State of Arkansas. 789. Norris is a current Processor at the Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 790. Norris has always been a member of a union during the period of time covered by the applicable statute of limitations. 791. Plaintiff Wayne O'Briant ("O'Briant") is a citizen and resident of the County of Pope in the State of Arkansas. 792. O'Briant is presently employed in the position of Building and Grounds Maintenance at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 793. O'Briant has not always been a member of a union during the period of time covered by the applicable statute of limitations. 794. Plaintiff Jose Luis Ochoa ("Jose Ochoa") is a citizen and resident of the County of Yell in the State of Arkansas. 795. Jose Ochoa is a current Line Server at Defendant's Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. 796. Jose Ochoa has not always been a member of a union during the period of time covered by the applicable statute of limitations. 797. Plaintiff Josefina Ochoa ("Josefina Ochoa") is a citizen and resident of the County of Yell in the State of Arkansas. Page 99 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 100 of 301 798. Josefina Ochoa is currently employed as a Processor in the Russellville Plant. Her tenure began prior to the three (3) years immediately preceding the filing of this action. 799. Josefina Ochoa has not always been a member of a union during the period of time covered by the applicable statute of limitations. 800. Plaintiff Juan Ochoa ("Juan Ochoa") is a citizen and resident of the County of Yell in the State of Arkansas. 801. Juan Ochoa was formerly employed as a Line Server at Defendant's Russellville Plant. His tenure began on or about March 10, 2008, and it ended on or about October 25, 2011. Juan Ochoa was also employed as a Sanitation Worker during the statute of limitations period. 802. Juan Ochoa was not always a member of a union during the period of time covered by the applicable statute of limitations. 803. Plaintiff Raul Ochoa ("R. Ochoa") is a citizen and resident of the County of Pope in the State of Arkansas. 804. R. Ochoa is presently employed as a Sanitation Worker in the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. R. Ochoa was also employed as a Processor during the past three (3) years. 805. R. Ochoa has not always been a member of a union during the period of time covered by the applicable statute of limitations. 806. Plaintiff Debra Oliver ("D. Oliver") is a citizen and resident of the County of Pope in the State of Arkansas. Page 100 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 101 of 301 807. D. Oliver is currently employed as a Processor at Defendant's Russellville Plant. Her tenure began prior to the three (3) years immediately preceding the filing of this action. 808. D. Oliver has always been member of a union during the period of time covered by the applicable statute of limitations. 809. Plaintiff Sharon Lynnette Oliver ("S. Oliver") is a citizen and resident of the County of Pope in the State of Arkansas. 810. S. Oliver is currently employed as a Line Server at the Russellville Plant. Her tenure began on August 30, 2010. S. Oliver was also employed as a Production Line Worker during the statute of limitations period. 811. S. Oliver has not always been a member of a union during the period of time covered by the applicable statute of limitations. 812. Plaintiff Walter Danilo Orellana ("Orellana") is a citizen and resident of the County of Pope in the State of Arkansas. 813. Orellana is presently employed in the position of Line Server at Defendant's Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. 814. Orellana has always been a member of a union during the period of time covered by the applicable statute of limitations. 815. Plaintiff Magaly Orellana ("Orellana") is a citizen and resident of the County of Pope in the State of Arkansas. Page 101 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 102 of 301 816. Orellana is presently employed in Production Maintenance at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 817. Orellana has always been a member of a union during the period of time covered by the applicable statute of limitations. 818. Plaintiff Raul Rodriguez Orozco ("Orozco") is a citizen and resident of the County of Pope in the State of Arkansas. 819. Orozco is currently employed as a Prep Worker in the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately precding the filing of this action. During the past three (3) years, Orozco was also employed as a Processor. 820. Orozco has not always been a member of a union during the period of time covered by the applicable statute of limitations. 821. Plaintiff Tommy Parks ("Parks") is a citizen and resident of the County of Conway in the State of Arkansas. 822. Parks is presently employed as a Line Server in the Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. 823. Parks has always been a member of a union during the period of time covered by the applicable statute of limitations. 824. Plaintiff Myrna G. Partida ("M. Partida") is a citizen and resident of the County of Pope in the State of Arkansas. 825. M. Partida is currently employed as a Processor at Defendant's Russellville Plant. Her tenure began on or about June 7, 2010. Page 102 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 103 of 301 826. M. Partida has not always been a member of a union during the period of time covered by the applicable statute of limitations. 827. Plaintiff Alfonso Paz ("A. Paz") is a citizen and resident of the County of Pope in the State of Arkansas. 828. A. Paz is a current Processor at Defendant's Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. A. Paz was also employed in the positions of Line Server and Prep Worker during the past three (3) years. 829. A. Paz has not always been a member of a union during the period of time covered by the applicable statute of limitations. 830. Plaintiff Juan Paz ("J. Paz") is a citizen and resident of the County of Pope in the State of Arkansas. 831. J. Paz is currently employed as a Line Server in the Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. J. Paz was also employed as a Prep Worker and an Operator during the statute of limitations period. 832. J. Paz has not always been a member of a union during the period of time covered by the applicable statute of limitations. 833. Plaintiff Rodolfo Paz ("R. Paz") is a citizen and resident of the County of Pope in the State of Arkansas. 834. R. Paz is currently employed as a Prep Worker in Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Page 103 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 104 of 301 835. R. Paz has not always been a member of a union during the period of time covered by the applicable statute of limitations. 836. Plaintiff Lila Dean Pease ("Pease") is a citizen and resident of the County of Pope in the State of Arkansas. 837. Pease is currently employed as a Processor at Defendant's Russellville Plant. Her tenure began on or about March 22, 2010. 838. Pease has always been a member of a union during the period of time covered by the applicable statute of limitations. 839. Plaintiff Danny L. Pendergraft ("Pendergraft") is a citizen and resident of the County of Pope in the State of Arkansas. 840. Pendergraft is currently employed in Production Maintenance in the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 841. Pendergraft has always been a member of a union during the period of time covered by the applicable statute of limitations. 842. Plaintiff Vicente Perez ("Perez") is a citizen and resident of the County of Yell in the State of Arkansas. 843. Perez is currently employed in the position of Line Server in the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 844. Perez has not always been a member of a union during the period of time covered by the applicable statute of limitations. Page 104 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 105 of 301 845. Plaintiff Cindy Phalan ("Phalan") is a citizen and resident of the County of Pope in the State of Arkansas. 846. Phalan is presently employed in the position of Freezer Operator at Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. During the statute of limitations period, Phalan was also employed in the positions of Processor and Sanitation Worker. 847. Phalan has always been a member of a union during the period of time covered by the applicable statute of limitations. 848. Plaintiff Edith Pledger ("Pledger") is a citizen and resident of the County of Yell in the State of Arkansas. 849. Pledger is currently employed as a Processor at Defendant's Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 850. Pledger has always been a member of a union during the period of time covered by the applicable statute of limitations. 851. Plaintiff Josh Poirier ("Poirier") is a citizen and resident of the County of Pope in the State of Arkansas. 852. Poirier is a former Line Server who worked at the Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action, and it ended on or about June 9, 2010. 853. Poirier was always a member of a union during the period of time covered by the applicable statute of limitations. Page 105 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 106 of 301 854. Plaintiff David Portillo ("D. Portillo") is a citizen and resident of the County of Pope in the State of Arkansas. 855. D. Portillo is currently employed as a Processor in Defendant's Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. D. Portillo was also employed as a Prep Worker during the statute of limitations period. 856. D. Portillo has always been a member of a union during the period of time covered by the applicable statute of limitations. 857. Plaintiff Teodoro Portillo ("T. Portillo") is a citizen and resident of the County of Pope in the State of Arkansas. 858. T. Portillo is presently employed as a Line Server at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 859. T. Portillo has always been a member of a union during the period of time covered by the applicable statute of limitations. 860. Plaintiff Mary L. Price ("Price") is a citizen and resident of the County of Pope in the State of Arkansas. 861. Price is presently employed in the position of Quality Assurance Lab Tech in the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 862. Price has always been a member of a union during the period of time covered by the applicable statute of limitations. Page 106 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 107 of 301 863. Plaintiff Renee Qualls ("Qualls") is a citizen and resident of the County of Pope in the State of Arkansas. 864. Qualls is currently employed as a Processor in Defendant's Russellville Plant. Her tenure began prior to the three (3) years immediately preceding the filing of this action. 865. Qualls has always been a member of a union during the period of time covered by the applicable statute of limitations. 866. Plaintiff Manuel Ramirez ("Ramirez") is a citizen and resident of the County of Pope in the State of Arkansas. 867. Ramirez is currently employed in Production Maintenance at Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 868. Ramirez has not always been a member of a union during the period of time covered by the applicable statute of limitations. 869. Plaintiff Ricardo Ramos ("Ramos") is a citizen and resident of the County of Pope in the State of Arkansas. 870. Ramos was formerly employed as an Extra Board Prep Worker in the Russellville Plant. His tenure began on or about December 26, 2001, and it ended on or about January 7, 2012. 871. Ramos was always a member of a union during the period of time covered by the applicable statute of limitations. 872. Plaintiff Eddie Renier (''Renier") is a citizen and resident of the County of Pope in the State of Arkansas. Page 107 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 108 of 301 873. Renier is currently employed as a Prep Worker in Defendant's Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. 874. Renier has always been a member of a union during the period of time covered by the applicable statute of limitations. 875. Plaintiff Carrie Reyes ("C. Reyes') is a citizen and resident of the County of Pope in the State of Arkansas. 876. C. Reyes is currently employed as a Processor in the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 877. C. Reyes has always been a member of a union during the period of time covered by the applicable statute of limitations. 878. Plaintiff Gerordo Reyes ("G. Reyes") is a citizen and resident of the County of Pope in the State of Arkansas. 879. G. Reyes is currently employed as a Fork Lift Driver at the Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. 880. G. Reyes has always been a member of a union during the period of time covered by the applicable statute of limitations. 881. Plaintiff David Rice ("Rice") is a citizen and resident of the County of Pope in the State of Arkansas. 882. Rice is presently employed in the position of Fry Bake Specialist at Defendant's Russellville Plant. His tenure began on or about January 3, 2012. Page 108 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 109 of 301 883. Rice has not always been a member of a union during the period of time covered by the applicable statute of limitations. 884. Plaintiff Edwin Rivas ("Rivas") is a citizen and resident of the County of Pope in the State of Arkansas. 885. Rivas is currently employed as a Line Server in the Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. 886. Rivas has always been a member of a union during the period of time covered by the applicable statute of limitations. 887. Plaintiff Jael Rivera ("J. Rivera") is a citizen and resident of the County of Yell in the State of Arkansas. 888. J. Rivera is currently employed as a Processor in Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 889. J. Rivera has always been a member of a union during the period of time covered by the applicable statute of limitations. 890. Plaintiff Marlon Rivera ("M. Rivera") is a citizen and resident of the County of Pope in the State of Arkansas. 891. M. Rivera is presently employed as a Fork Lift Driver in Defendant's Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. During the past three (3) years, M. Rivera was also employed in the positions of Prep Worker, Line Server, Tailgater, and Production Maintenance. 892. M. Rivera has always been a member of a union during the period of time covered by the applicable statute of limitations. Page 109 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 110 of 301 893. Plaintiff Mayra Rivera-Enriquez ("Rivera-Enriquez") is a citizen and resident of the County of Pope in the State of Arkansas. 894. Rivera-Enriquez is currently employed as a Fry Bake Specialist at Defendant's Russellville Plant. Her tenure began prior to the three (3) years immediately preceding the filing of this action. 895. Rivera-Enriquez has always been a member of a union during the period of time covered by the applicable statute of limitations. 896. Plaintiff Jimmy Roberds ("J. Roberds") is a citizen and resident of the County of Pope in the State of Arkansas. 897. J. Roberds is currently employed in the position of Process Operator at the Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. 898. J. Roberds has not always been a member of a union during the period of time covered by the applicable statute of limitations. 899. Plaintiff Leona Roberds ("L. Roberds") is a citizen and resident of the County of Pope in the State of Arkansas. 900. L. Roberds is presently employed as a Processor at the Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 901. L. Roberds has not always been a member of a union during the period of time covered by the applicable statute of limitations. 902. Plaintiff Perry Roberson ("Roberson") is a citizen and resident of the County of Yell in the State of Arkansas. Page 110 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 111 of 301 903. Roberson is a current Process Operator in Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Roberson was also employed as an Inventory Coordinator during the statute of limitations period. 904. Roberson has not always been a member of a union during the period of time covered by the applicable statute of limitations. 905. Plaintiff Edward Robinson ("Robinson") is a citizen and resident of the County of Logan in the State of Arkansas. 906. Robinson is presently employed in Building Maintenance at Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 907. Robinson has not always been a member of a union during the period of time covered by the applicable statute of limitations. 908. Plaintiff Belinda Rodriguez ("Belinda Rodriguez") is a citizen and resident of the County of Pope in the State of Arkansas. 909. Belinda Rodriguez is presently employed as a Processor in the Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. Selina Rodriguez was also employed as a Fry Bake Specialist during the statute of limitations period. 910. Belinda Rodriguez has always been a member of a union during the period of time covered by the applicable statute of limitations. 911. Plaintiff Blanca Rodriguez ("Blanca Rodriguez") is a citizen and resident of the County of Pope in the State of Arkansas. Page 111 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 112 of 301 912. Blanca Rodriguez is currently employed as a Processor at Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 913. Blanca Rodriguez has always been a member of a union during the period of time covered by the applicable statute of limitations. 914. Plaintiff Gregorio Rodriguez ("Gregorio Rodriguez") is a citizen and resident of the County of Pope in the State of Arkansas. 915. Gregorio Rodriguez is presently employed as a Line Server in the Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. 916. Gregorio Rodriguez has always been a member of a union during the period of time covered by the applicable statute of limitations. 917. Plaintiff George Paz Rodriguez ("George Rodriguez") is a citizen and resident of the County of Pope in the State of Arkansas. 918. George Rodriguez is a current Box Operator at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 919. George Rodriguez has always been a member of a union during the period of time covered by the applicable statute of limitations. 920. Plaintiff Tammy Rogers ("Rogers") is a citizen and resident of the County of Logan in the State of Arkansas. Page 112 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 113 of 301 921. Rogers is currently employed in the position of Operator 11/Cart Machine Operator at the Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 922. Rogers has not always been a member of a union during the period of time covered by the applicable statute of limitations. 923. Plaintiff Ana Romero-Urquilla ("Romero-Urquilla") is a citizen and resident of the County of Pope in the State of Arkansas. 924. Romero-Urquilla is currently employed in the position of Processor in the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action... 925. Romero-Urquilla has not always been a member of a union during the period of time covered by the applicable statute of limitations. 926. Plaintiff Antonio Rosales ("A Rosales") is a citizen and resident of the County of Pope in the State of Arkansas. 927. A Rosales is a present Sanitation Worker at Defendant's Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. During the past three (3) years, A Rosales was also employed as a Line Server. 928. A Rosales has always been a member of a union during the period of time covered by the applicable statute of limitations. 929. Plaintiff Francsico Rosales ("F. Rosales") is a citizen and resident of the County of Pope in the State of Arkansas. Page 113 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 114 of 301 930. F. Rosales is a current Prep Worker employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 931. F. Rosales has not always been a member of a union during the period of time covered by the applicable statute of limitations. 932. Plaintiff Teresa Rosbia-Laws ("Rosbia-Laws") is a citizen and resident of the County of Conway in the State of Arkansas. 933. Rosbia-Laws is a presently employed as a Processor at Defendant's Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 934. Rosbia-Laws has not always been a member of a union during the period of time covered by the applicable statute of limitations. 935. Plaintiff Juana Salas ("J. Salas") is a citizen and resident of the County of Pope in the State of Arkansas. 936. J. Salas is currently employed as a Processor in the Russellville Plant. Her tenure has spanned a period longer then the three (3) years immediately preceding the filing of this action. 937. J. Salas has always been a member of a union during the period of time covered by the applicable statute of limitations. 938. Plaintiff Maria Salas ("M. Salas") is a citizen and resident of the County of Pope in the State of Arkansas. Page 114 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 115 of 301 939. M. Salas is currently employed in the position of Processor at Defendant's Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 940. M. Salas has always been a member of a union during the period of time covered by the applicable statute of limitations. 941. Plaintiff Teodora Salas ("T. Salas") is a citizen and resident of the County of Pope in the State of Arkansas. 942. T. Salas is presently employed as an Operator II in the Russellville Plant. Her tenure has spanned a period longer then the three (3) years immediately preceding the filing of this action. T. Salas was also employed as a Fork Lift Driver during the statute of limitations period. 943. T. Salas has always been a member of a union during the period of time covered by the applicable statute of limitations. 944. Plaintiff Jose D. Sanchez ("J. Sanchez") is a citizen and resident of the County of Pope in the State of Arkansas. 945. J. Sanchez is presently employed as a Sanitation Worker at Defendant's Russellville Plant. His tenure began on or about August 30, 2010. 946. J. Sanchez has not always been a member of a union during the period of time covered by the applicable statute of limitations. 947. Plaintiff Sheila Sanchez ("S. Sanchez") is a citizen and resident of the County of Pope in the State of Arkansas. Page 115 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 116 of 301 948. S. Sanchez is currently employed as a Processor in the Russellville Plant. Her tenure began prior to the three (3) years immediately preceding the filing of this action. 949. S. Sanchez has always been a member of a union during the period of time covered by the applicable statute of limitations. 950. Plaintiff Karen Sanders ("Sanders") is a citizen and resident of the County of Conway in the State of Arkansas. 951. Sanders is currently employed in the position of Processor at Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 952. Sanders has always been a member of a union during the period of time covered by the applicable statute of limitations. 953. Plaintiff Xiomara Sandoval ("Sandoval") is a citizen and resident of the County of Pope in the State of Arkansas. 954. Sandoval is currently employed as a Processor at the Russellville Plant. Her tenure began prior to the three (3) years immediately preceding the filing of this action. 955. Sandoval has always been a member of a union during the period of time covered by the applicable statute of limitations. 956. Plaintiff Omar Jovan F. Scott ("Scott") is a citizen and resident of the County of Yell in the State of Arkansas. Page 116 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 117 of 301 957. Scott was formerly employed as a Prep Worker in Defendant's Russellville Plant. His tenure began on or about November 16, 2006, and it ended on or about January 13, 2012. 958. Scott was always a member of a union during the period of time covered by the applicable statute of limitations. 959. Plaintiff Jose Segovia ("Segovia") is a citizen and resident of the County of Pope in the State of Arkansas. 960. Segovia is presently employed as a Line Server in the Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. Segovia was also employed as a Prep Worker during the statute of limitations period. 961. Segovia has always been a member of a union during the period of time covered by the applicable statute of limitations. 962. Plaintiff Mayra Sierra ("Sierra") is a citizen and resident of the County of Pope in the State of Arkansas. 963. Sierra is presently employed as an Operator at Defendant's Russellville Plant. Her tenure began prior to the three (3) years immediately preceding the filing of this action. 964. Sierra has always been a member of a union during the period of time covered by the applicable statute of limitations. 965. Plaintiff Mary Smith ("M. Smith") is a citizen and resident of the County of Conway in the State of Arkansas. Page 117 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 118 of 301 966. M. Smith is a current Team Leader at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. M. Smith was also employed in the positions of Operator Bag Packer and Processor during the statute of limitations period. 967. M. Smith has always been a member of a union during the period of time covered by the applicable statute of limitations. 968. Plaintiff Sammy Smith ("Sammy Smith") is a citizen and resident of the County of Pope in the State of Arkansas. 969. Sammy Smith is presently employed in the position of Production Maintenance in the Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. 970. Sammy Smith has always been a member of a union during the period of time covered by the applicable statute of limitations. 971. Plainitff Zenas Smith, Sr. ("Z. Smith, Sr.") is a citizen and resident of the County of Pope in the State of Arkansas. 972. Z. Smith, Sr. is currently employed as a Case Packer Operator at Defendant's Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. 973. Z. Smith, Sr. has always been a member of a union during the period of time covered by the applicable statute of limitations. 974. Plaintiff Betty Soriano ("B. Soriano") is a citizen and resident of the County of Pope in the State of Arkansas. Page 118 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 119 of 301 975. B. Soriano is currently employed as a Processor at Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 976. B. Soriano has always been a member of a union during the period of time covered by the applicable statute of limitations. 977. Plaintiff Marvin M. Soriano ("M. Soriano") is a citizen and resident of the County of Pope in the State of Arkansas. 978. M. Soriano is presently employed as a Line Server in the Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. 979. M. Soriano has always been a member of a union during the period of time covered by the applicable statute of limitations. 980. Plaintiff Kimberley Ann Stewart ("Stewart") is a citizen and resident of the County of Yell in the State of Arkansas. 981. Stewart is presently employed as a Processor at Defendant's Russellville Plant. Stewart was also employed in the position of Cart Machine Operator during the statute of limitations period. 982. Stewart has always been a member of a union during the period of time covered by the applicable statute of limitations. 983. Plaintiff Krystal Strandlund ("Strandlund") is a citizen and resident of the County of Conway in the State of Arkansas. Page 119 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 120 of 301 984. Strandlund is currently employed as a Processor at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 985. Strandlund has not always been a member of a union during the period of time covered by the applicable statute of limitations. 986. Plaintiff Paul J. Strnad ("Strnad") is a citizen and resident of the County of Pope in the State of Arkansas. 987. Strnad is presently employed as a Fork Lift Driver in Defendant's Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. 988. Strnad has always been a member of a union during the period of time covered by the applicable statute of limitations. 989. Plaintiff Davida Elaine Summit ("D. Summit") is a citizen and resident of the County of Pope in the State of Arkansas. 990. D. Summit is currently employed in the position of Processor at Defendant's Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 991. D. Summit has always been a member of a union during the period of time covered by the applicable statute of limitations. 992. Plaintiff Judy Summit ("J. Summit") is a citizen and resident of the County of Pope in the State of Arkansas. Page 120 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 121 of 301 993. J. Summit is presently employed as a Processor at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 994. J. Summit has not always been a member of a union during the period of time covered by the applicable statute of limitations. 995. Plaintiff Elizabeth Taylor ("E. Taylor") is a citizen and resident of the County of Pope in the State of Arkansas. 996. E. Taylor is currently employed as a Processor in Defendant's Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 997. E. Taylor has not always been a member of a union during the period of time covered by the applicable statute of limitations. 998. Plaintiff Linda Taylor ("L. Taylor") is a citizen and resident of the County of Pope in the State of Arkansas. 999. L. Taylor is presently employed as a Plate Freezer Operator at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1000. L. Taylor has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1001. Plaintiff Rebecca Tayler-Garrigus ("Tayler-Garrigus") is a citizen and resident of the County of Pope in the State of Arkansas. Page 121 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 122 of 301 1002. Tayler-Garrigus is currently employed as a Processor at Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1003. Tayler-Garrigus has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1004. Plaintiff Sheila Ann Tenango ("Tenango") is a citizen and resident of the County of Yell in the State of Arkansas. 1005. Tenango is a current Operator Ill in the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. During the past three (3) years, Tenango was also employed in the positions of Processor and Operator II. 1006. Tenango has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1007. Plaintiff Leonard Norman Thompson ("L. Thompson") is a citizen and resident of the County of Yell in the State of Arkansas. 1008. L. Thompson is presently employed as an Electrician at Defendant's Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. 1009. L. Thompson has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1010. Plaintiff Luz Dary Torrellas ("Torrellas") is a citizen and resident of the County of Pope in the State of Arkansas. Page 122 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 123 of 301 1011. Torrellas is currently employed as a Processor at Defendant's Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. Torrellas was also employed as a Sanitation Worker during the past three (3) years. 1012. Torrellas has always been a member of a union during the period of time covered by the applicable statute of limitations. 1013. Plaintiff Hector Torres ("H. Torres") is a citizen and resident of the County of Pope in the State of Arkansas. 1014. H. Torres is currently employed as a Processor in the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. H. Torres was also employed as a Line Server during the statute of limitations period. 1015. H. Torres has always been a member of a union during the period of time covered by the applicable statute of limitations. 1016. Plaintiff Ronan Torres ("R. Torres") is a citizen and resident of the County of Pope in the State of Arkansas. 1017. R. Torres is currently employed in the position of Prep Worker in the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1018. Upon information and belief, R. Torres has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1019. Plaintiff Clem Tucker, Ill ("C. Tucker, Ill") is a citizen and resident of the County of Yell in the State of Arkansas. Page 123 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 124 of 301 1020. C. Tucker, Ill is presently employed as a Sanitation Worker at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1021. C. Tucker, Ill has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1022. Plaintiff Ida L. Tucker ("I. Tucker") is a citizen and resident of the County of Yell in the State of Arkansas. 1023. I. Tucker is a current Sanitation Worker in Defendant's Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 1024. I. Tucker has always been a member of a union during the period of time covered by the applicable statute of limitations. 1025. Fabio Valladares ("Valladares") is a citizen and resident of the County of Pope in the State of Arkansas. 1026. Valladares is presently employed in the position of Utility Prep in the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1027. Valladares has always been a member of a union during the period of time covered by the applicable statute of limitations. 1028. Plaintiff Mayra Vazquez is a citizen and resident of the County of Yell in the State of Arkansas. Page 124 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 125 of 301 1029. Vazquez is currently employed in Production Maintenance at Defendant's Russellville Plant. Her tenure began prior to the three (3) years immediately preceding the filing of this action. 1030. Upon information and belief, Vazquez has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1031. Plaintiff Angelica Velazquez ("Velazquez") is a citizen and resident of the County of Pope in the State of Arkansas. 1032. Velazquez is presently employed as a Fork Lift Driver at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1033. Velazquez has always been a member of a union during the period of time covered by the applicable statute of limitations. 1034. Plaintiff Jean Wagner ("Wagner") is a citizen and resident of the County of Yell in the State of Arkansas. 1035. Wagner is a current Fry Bake Specialist in the Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 1036. Wagner has always been a member of a union during the period of time covered by the applicable statute of limitations. 1037. Plaintiff Cindy Wells ("Wells") is a citizen and resident of the County of Pope in the State of Arkansas. 1038. Wells is presently employed as a Freezer Operator at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately Page 125 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 126 of 301 preceding the filing of this action. Wells was also employed as a Lead during the statute of limitations period. 1039. Wells has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1040. Plaintiff Charles White ("C. White") is a citizen and resident of the County of Yell in the State of Arkansas. 1041. C. White was formerly employed as a Mechanic at Defendant's Russellville Plant. His tenure began on or about May of 2006, and it ended on or about May of 2010. 1042. C. White was always a member of a union during the period of time covered by the applicable statute of limitations. 1043. Plaintiff Johnny D. Willcutt ("Willcutt") is a citizen and resident of the County of Pope in the State of Arkansas. 1044. Willcutt is presently employed as a Fork Lift Driver at the Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. 1045. Willcutt has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1046. Plaintiff Ashley Williams ("A. Williams") is a citizen and resident of the County of Conway in the State of Arkansas. 104 7. A. Williams is a current Case Packer Operator in Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately Page 126 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 127 of 301 preceding the filing of this action. A. Williams was also employed as a Sanitation Worker during the past three (3) years. 1048. A. Williams has always been a member of a union during the period of time covered by the applicable statute of limitations. 1049. Plaintiff Dessie Williams ("D. Williams") is a citizen and resident of the County of Conway in the State of Arkansas. 1050. D. Williams is presently employed as a Sanitation Worker at the Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 1051. D. Williams has always been a member of a union during the period of time covered by the applicable statute of limitations. 1052. Plaintiff Jennifer Williams ("J. Williams") is a citizen and resident of the County of Pope in the State of Arkansas. 1053. J. Williams is currently employed in the position of Weight Control in Defendant's Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 1054. J. Williams has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1055. Plaintiff Lillia Williams ("L. Williams") is a citizen and resident of the County of Conway in the State of Arkansas. 1056. L. Williams is a current Sanitation Worker at the Russellville Plant. Her tenure has spanned a period longer then the three (3) years immediately preceding the filing of this action. Page 127 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 128 of 301 1057. L. Williams has always been a member of a union during the period of time covered by the applicable statute of limitations. 1058. Plaintiff Michael Williams ("M. Williams") is a citizen and resident of the County of Pope in the State of Arkansas. 1059. M. Williams is currently employed in the position of Utility Prep in Defendant's Russellville Plant. His tenure began before the three (3) years immediately preceding the filing of this action. 1060. M. Williams has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1061. Plaintiff Cheryl T. Windsor ("Windsor") is a citizen and resident of the County of Pope in the State of Arkansas. 1062. Windsor is a present Scale Operator at Defendant's Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. Windsor was also employed in the positions of Extra Board Weigh Person and Processor during the statute of limitations period. 1063. Windsor has always been a member of a union during the period of time covered by the applicable statute of limitations. 1064. Plaintiff Kelley Winkle ("Winkle") is a citizen and resident of the County of Pope in the State of Arkansas. 1065. Winkle is a current Sanitation Worker employed at the Russellville Plant. Her tenure began on or about January 4, 2010. 1066. Winkle has always been a member of a union during the period of time covered by the applicable statute of limitations. Page 128 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 129 of 301 1067. Plaintiff Lanny Wooten ("Wooten") is a citizen and resident of the County of Logan in the State of Arkansas. 1068. Wooten is currently employed as a Fork Lift Driver in Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1069. Wooten has always been a member of a union during the period of time covered by the applicable statute of limitations. 1070. Plaintiff Barbara Wright ("B. Wright") is a citizen and resident of the County of Conway in the State of Arkansas. 1071. B. Wright is a current Processor employed at Defendant's Russellville Plant. Her tenure began prior to the three (3) years immediately preceding the filing of this action. 1072. B. Wright has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1073. Plaintiff James Wright ("James Wright") is a citizen and resident of the County of Conway in the State of Arkansas. 1074. James Wright is presently employed as a Machine Operator in the Russellville Plant. His tenure began on or about September 21, 2010. James Wright was also employed as a Sanitation Worker during the statute of limitations period. 1075. James Wright has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1076. Plaintiff Joseph Wright ("Joseph Wright") is a citizen and resident of the County of Conway in the State of Arkansas. Page 129 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 130 of 301 1077. Joseph Wright is a current Machine Operator employed at Defendant's Russellville Plant. His tenure began on or about September 21, 2010. During the statute of limitations period, Joseph Wright was also employed as a Sanitation Worker. 1078. Joseph Wright has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1079. Plaintiff Valerie Yandell ("Yandell") is a citizen and resident of the County of Yell in the State of Arkansas. 1080. Yandell is presently employed as a Cook in Defendant's Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. Yandell was also employed as a Line Server and a Weigh Person during the statute of limitations period. 1081. Yandell has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1082. Plaintiff James M. Youngman ("Youngman") is a citizen and resident of the County of Pope in the State of Arkansas. 1083. Youngman is currently employed as a Line Mechanic at Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1084. Youngman has always been a member of a union during the period of time covered by the applicable statute of limitations. 1085. All original Plaintiffs were injured by the acts and omissions of Defendant during such time as they were entitled to the rights and protections of the FLSA and AMWA. Page 130 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 131 of 301 B. THE FOUR HUNDRED THIRTY-THREE OR MORE NEWLY JOINED PLAINTIFFS 1086. Plaintiff Bertha Abrego ("Abrego") is a citizen and resident of the County of Yell in the State of Arkansas. 1087. Abrego is a present Operator II Machine Operator employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1088. Abrego has always been a member of a union during the period of time covered by the applicable statute of limitations. 1089. Plaintiff Rose Acree ("Acree") is a citizen and resident of the County of Pope in the State of Arkansas. 1090. Acree is a present Processor employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1091. Acree has always been a member of a union during the period of time covered by the applicable statute of limitations. 1092. Plaintiff William Akens ("Akens") is a citizen and resident of the County of Crawford in the State of Arkansas. 1093. Akens is a former production, maintenance, and/or sanitation worker employed at the Russellville Plant. His tenure spanned from October 2, 2006, through July of 2011. 1094. Akens was always a member of a union during the period of time covered by the applicable statute of limitations. Page 131 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 132 of 301 1095. Plaintiff Esparanza Alcantar ("E. Alcantar") is a citizen and resident of the County of Pope in the State of Arkansas. 1096. E. Alcantar is a present Processor employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1097. E. Alcantar has always been a member of a union during the period of time covered by the applicable statute of limitations. 1098. Upon information and belief, Plaintiff Orlando Alcantar ("0. Alcantar") is a citizen and resident of the County of Pope in the State of Arkansas. 1099. Upon information and belief, 0. Alcantar worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. 1100. Upon information and belief, 0. Alcantar was not always a member of a union during the period of time covered by the applicable statute of limitations. 1101. Plaintiff Fulvia Aleman ("F. Aleman") is a citizen and resident of the County of Pope in the State of Arkansas. 1102. F. Aleman is currently employed as a Processor at Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1103. F. Aleman has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1104. Plaintiff David Alexander ("D. Alexander") is a citizen and resident of the County of Pope in the State of Arkansas. Page 132 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 133 of 301 1105. D. Alexander is presently employed as a Fork Lift Driver in the Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. 1106. D. Alexander has always been a member of a union during the period of time covered by the applicable statute of limitations. 1107. Plaintiff Marvin Alexander ("M. Alexander") is a citizen and resident of the County of Conway in the State of Arkansas. 1108. M. Alexander was formerly employed as an Extra Board Processor at Defendant's Russellville Plant. His tenure began on or about January 2, 2012, and it ended on or about April 15, 2012. 1109. M. Alexander was not always a member of a union during the period of time covered by the applicable statute of limitations 1110. Plaintiff Juan Alfaro ("Alfaro") is a citizen and resident of the County of Yell in the State of Arkansas. 1111. Alfaro is a present Line Service Janitor employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1112. Alfaro has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1113. Plaintiff Jorge Alonzo ("Alonzo") is a citizen and resident of the County of Pope in the State of Arkansas. 1114. Alonzo is currently employed in the position of Operator Ill at Defendant's Russellville Plant. Page 133 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 134 of 301 1115. Alonzo has always been a member of a union during the period of time covered by the applicable statute of limitations. 1116. Plaintiff Juana Alvarado ("J. Alvarado") is a citizen and resident of the County of Pope in the State of Arkansas. 1117. J. Alvarado is currently employed in the position of Processor at Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. J. Alvarado has also been employed in the position of Operator Ill during the past three (3) years. 1118. J. Alvarado has always been a member of a union during the period of time covered by the applicable statute of limitations. 1119. Plaintiff Miguel Alvarado ("M. Alvarado") is a citizen and resident of the County of Pope in the State of Arkansas. 1120. M. Alvarado is a present Line Service Worker employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1121. M. Alvarado has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1122. Plaintiff Roberto Alvarado ("R. Alvarado") is a citizen and resident of the County of Pope in the State of Arkansas. 1123. R. Alvarado is presently employed as a Line Server in the Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. Page 134 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 135 of 301 1124. R. Alvarado has always been a member of a union during the period of time covered by the applicable statute of limitations. 1125. Plaintiff MariaS. Alvarenga ("M.S. Alvarenga") is a citizen and resident of the County of Pope in the State of Arkansas. 1126. M.S. Alvarenga is presently employed as a Processor in the Russellville Plant. Her tenure began prior to the three (3) years immediately preceding the filing of this action. 1127. M.S. Alvarenga has always been a member of a union during the period of time covered by the applicable statute of limitations. 1128. Plaintiff Martha Alvarez ("Alvarez") is a citizen and resident of the County of Pope in the State of Arkansas. 1129. Alvarez is a present Processing Extra Board employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1130. Alvarez has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1131. Plaintiff Victor Alvidrez ("Alvidrez") is a citizen and resident of the County of Pope in the State of Arkansas. 1132. Alvidrez is presently employed in the position of Utility Prep in Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Alvidrez was also employed as a Sanitation Worker during the statute of limitations period. Page 135 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.O.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 136 of 301 1133. Alvidrez has always been a member of a union during the period of time covered by the applicable statute of limitations. 1134. Plaintiff Israel A. Amaya ("Amaya") is a citizen and resident of the County of Pope in the State of Arkansas. 1135. Amaya is currently employed as a Line Sanitor at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Amaya was also employed as a Process Operator, Line Server, and Prep Worker during the past three (3) years. 1136. Amaya has not always been a member of union during the period of time covered by the applicable statute of limitations. 1137. Plaintiff Christopher Anderson ("C. Anderson") is a citizen and resident of the County of Pope in the State of Arkansas. 1138. C. Anderson is a former Sanitation Worker employed at the Russellville Plant. His tenure spanned from December 5, 2005, through July 18, 2011. 1139. C. Anderson was always a member of a union during the period of time covered by the applicable statute of limitations. 1140. Plaintiff Kimberly Anderson ("K. Anderson") is a citizen and resident of the County of Pope in the State of Arkansas. 1141. K. Anderson is a former Weight Control Worker and Sanitor employed at the Russellville Plant. Her tenure spanned from August 2, 2002, through April 18, 2011. 1142. K. Anderson was always a member of a union during the period of time covered by the applicable statute of limitations Page 136 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 137 of 301 1143. Plaintiff Zachary Anderson ("Z. Anderson") is a citizen and resident of the County of Pope in the State of Arkansas. 1144. Z. Anderson is currently employed in Production Maintenance at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1145. Z. Anderson has always been a member of union during the period of time covered by the applicable statute of limitations. 1146. Plaintiff Jorge Andrade ("Andrade") is a citizen and resident of the County of Pope in the State of Arkansas. 1147. Andrade is a present Line Service Worker employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1148. Andrade has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1149. Plaintiff Daniel Apanavicius ("Apanavicius") is a citizen and resident of the County of Pope in the State of Arkansas. 1150. Apanavicius is a present Instrument Tech employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1151. Apanavicius has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1152. Plaintiff Jose Arcia ("Arcia") is a citizen and resident of the County of Yell in the State of Arkansas. Page 137 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 138 of 301 1153. Arcia is currently employed in the position of Utility Prep in Defendant's Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. Arcia was also employed as a Spice Room Receiver during the statute of limitations period. 1154. Arcia has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1155. Plaintiff Alfredo Arias ("A. Arias") is a citizen and resident of the County of Pope in the State of Arkansas. 1156. A. Arias is presently employed as a Line Server at Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1157. A. Arias has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1158. Plaintiff Josefina Arias ("J. Arias") is a citizen and resident of the County of Pope in the State of Arkansas. 1159. J. Arias is presently employed as a Processor at Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1160. J. Arias has always been a member of a union during the period of time covered by the applicable statute of limitations. 1161. Plaintiff Barbara Arnold ("Arnold") is a citizen and resident of the County of Pope in the State of Arkansas. Page 138 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 139 of 301 1162. Arnold is currently employed in the position of Operator Ill in the Russellville Plant. Her tenure began prior to the three (3) years immediately preceding the filing of this action. 1163. Arnold has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1164. Plaintiff Alan Arrington ("Arrington") is a citizen and resident of the County of Yell in the State of Arkansas. 1165. Arrington is a former Instrumentation Control Worker employed at the Russellville Plant. His tenure spanned from May 2, 2012, through August of 2012. 1166. Arrington was not always been a member of a union during the period of time covered by the applicable statute of limitations. 1167. Plaintiff Artemio Avalos ("Avalos") is a citizen and resident of the County of Pope in the State of Arkansas. 1168. Avalos is currently employed in the position of Sanitation Lead in the Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. 1169. Avalos has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1170. Plaintiff Rebekah Avery, as Administrator of the Estate of Samuel A Avery, Sr., deceased, proceeds in this matter on behalf of the Estate of Samuel A Avery ("Avery"), deceased. Avery was a citizen and resident of the County of Pope in the State of Arkansas. Page 139 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 140 of 301 1171. Avery was formerly employed as a Fork Lift Driver at the Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action and continued until some time after April 24, 2009. 1172. Avery was always a member of a union during the period of time covered by the applicable statute of limitations. 1173. Plaintiff Irma Avila ("I. Avila") is a citizen and resident of the County of Yell in the State of Arkansas. 1174. I. Avila is a former Processor employed at the Russellville Plant. Her tenure spanned from March 1, 2004, through June of 2011. 1175. I. Avala was always a member of a union during the period of time covered by the applicable statute of limitations. 1176. Plaintiff Cesar Ayala ("C. Ayala") is a citizen and resident of the County of Pope in the State of Arkansas. 1177. C. Ayala was formerly employed as a Processor in Defendant's Russellville Plant. His tenure began on or about June 11, 2007, and it ended on or about July 2, 2012. 1178. C. Ayala was always a member of a union during the period of time covered by the applicable statute of limitations. 1179. Plaintiff Dina Ayala ("D. Ayala") is a citizen and resident of the County of Yell in the State of Arkansas. 1180. D. Ayala is a present Sanitor employed at the Russellville Plant. Her tenure has from November of 2009 through the present. Page 140 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 141 of 301 1181. D. Ayala has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1182. Plaintiff Sabino Bahena ("Bahena") is a citizen and resident of the County of Pope in the State of Arkansas. 1183. Bahena was formerly employed as a Sanitation Worker in Defendant's Russellville Plant. His tenure began on or about June 15, 1998, and it ended on or about June 9, 2009. 1184. Bahena was always a member of a union during the period of time covered by the applicable statute of limitations. 1185. Upon information and belief, Plaintiff Nathan Balch ("N. Balch") is a citizen and resident of the County of Yell in the State of Arkansas. 1186. Upon information and belief, N. Balch worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. 1187. Upon information and belief, N. Balch was not always a member of a union during the period of time covered by the applicable statute of limitations. 1188. Plaintiff Kenneth Barnes ("Barnes") is a citizen and resident of the County of Pope in the State of Arkansas. 1189. Barnes is currently employed as a Fork Lift Driver in the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1190. Barnes has always been a member of a union during the period of time covered by the applicable statute of limitations. Page 141 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 142 of 301 1191. Plaintiff Carol Barnett ("Barnett") is a citizen and resident of the County of Pope in the State of Arkansas. 1192. Barnett is a present Fork Lift Driver employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1193. Barnett has always been a member of a union during the period of time covered by the applicable statute of limitations. 1194. Plaintiff Callie Bartlett ("Bartlett") is a citizen and resident of the County of Pope in the State of Arkansas. 1195. Bartlett was formerly employed as a Processor at Defendant's Russellville Plant. Her tenure began on or about October 17, 1988, and it ended on or about August 26, 2012. 1196. Upon information and belief, Bartlett was not always a member of a union during the period of time covered by the applicable statute of limitations. 1197. Plaintiff Laura Baugh ("Laura Baugh") is a citizen and resident of the County of Pope in the State of Arkansas. 1198. Laura Baugh is presently employed as an Operator II in Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1199. Laura Baugh has always been a member of a union during the period of time covered by the applicable statute of limitations. 1200. Plaintiff Lester Baugh ("Lester Baugh") is a citizen and resident of the County of Pope in the State of Arkansas. Page 142 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 143 of 301 1201. Lester Baugh is a present B & G Mechanic employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1202. Lester Baugh has always been a member of a union during the period of time covered by the applicable statute of limitations. 1203. Plaintiff Fransisco Bautista ("Bautista") is a citizen and resident of the County of Pope in the State of Arkansas. 1204. Bautista is a current Production Line Server employed at the Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. 1205. Bautista has always been a member of a union during the period of time covered by the applicable statute of limitations. 1206. Upon information and belief, Plaintiff Brenda Beech ("B. Beech") is a citizen and resident of the County of Pope in the State of Arkansas. 1207. Upon information and belief, B. Beech worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. 1208. Upon information and belief, B. Beech was not always a member of a union during the period of time covered by the applicable statute of limitations. 1209. Upon information and belief, Plaintiff Douglas Beech ("D. Beech") is a citizen and resident of the County of Pope in the State of Arkansas. Page 143 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 144 of 301 1210. Upon information and belief, D. Beech worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April24, 2009. 1211. Upon information and belief, D. Beech was not always a member of a union during the period of time covered by the applicable statute of limitations. 1212. Plaintiff Keith Bell ("K. Bell") is a citizen and resident of the County of Pope in the State of Arkansas. 1213. K. Bell is a former Shipping Fork Lift Operator employed at the Russellville Plant. His tenure spanned from October 6, 1983, through some time in 2011. 1214. K. Bell was always a member of a union during the period of time covered by the applicable statute of limitations. 1215. Plaintiff Marco Belmonte ("Belmonte") is a citizen and resident of the County of Pope in the State of Arkansas. 1216. Belmonte is a former Sanitor employed at the Russellville Plant. His tenure spanned from June 23, 2003, through May 17, 2012. 1217. Belmonte was not always a member of a union during the period of time covered by the applicable statute of limitations. 1218. Plaintiff Franklin Beltran ("Beltran") is a citizen and resident of the County of Pope in the State of Arkansas. 1219. Beltran is presently employed as a Sanitation Worker at the Russellville Plant. Upon information and belief, his tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Beltran was also employed as a Fork Lift Driver during the statute of limitations period. Page 144 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 145 of 301 1220. Beltran has always been a member of a union during the period of time covered by the applicable statute of limitations. 1221. Plaintiff Dennis Berry ("Berry") is a citizen and resident of the County of Logan in the State of Arkansas. 1222. Berry is a present Utility Maintenance Worker employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Berry was also employed as a Production and Sanitation Worker during the statute of limitations period. 1223. Berry has always been a member of a union during the period of time covered by the applicable statute of limitations. 1224. Plaintiff Chong Bewley ("C. Bewley") is a citizen and resident of the County of Pope in the State of Arkansas. 1225. C. Bewley is a present Processor employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. C. Bewley has also worked as a Sanitation Team Worker during the statute of limitations period. 1226. C. Bewley has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1227. Plaintiff John Bewley ("J. Bewley") is a citizen and resident of the County of Yell in the State of Arkansas. 1228. J. Bewley is presently employed as a City Driver Switcher at the Russellville Plant. Upon information and belief, his tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Page 145 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 146 of 301 1229. J. Bewley has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1230. Plaintiff Tom Birge, Jr. ("Birge") is a citizen and resident of the County of Logan in the State of Arkansas. 1231. Birge was formerly employed in Production Maintenance at Defendant's Russellville Plant. His tenure began on or about April 2, 2007, and it ended on or about June 7, 2010. 1232. Birge was not always a member of a union during the period of time covered by the applicable statute of limitations. 1233. Plaintiff Chrissie Bishop ("Bishop") is a citizen and resident of the County of Pope in the State of Arkansas. 1234. Bishop is a present Operator employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1235. Bishop has always been a member of a union during the period of time covered by the applicable statute of limitations. 1236. Plaintiff Sarah Bohlier ("Bohlier") is a citizen and resident of the County of Pope in the State of Arkansas. 1237. Bohlier is a present Weights Worker employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1238. Bohlier has always been a member of a union during the period of time covered by the applicable statute of limitations. Page 146 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 147 of 301 1239. Plaintiff Randall Boley ("Boley") is a citizen and resident of the County of Pope in the State of Arkansas. 1240. Boley is a present Maintenance Instrument Technician employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1241. Boley has always been a member of a union during the period of time covered by the applicable statute of limitations. 1242. Plaintiff Rosa Bonilla de Reyes ("Bonilla de Reyes") is a citizen and resident of the County of Pope in the State of Arkansas. 1243. Bonilla de Reyes is a present Fork Lift Operator employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1244. Bonilla de Reyes has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1245. Plaintiff Jose Bonilla ("J. Bonilla") is a citizen and resident of the County of Pope in the State of Arkansas. 1246. J. Bonilla is a present Sanitation Worker employed at the Russellville Plant. J. Bonilla was also employed as a Line Service Worker during the statute of limitations period. 1247. J. Bonilla has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1248. Plaintiff Maria Bonilla ("M. Bonilla") is a citizen and resident of the County of Pope in the State of Arkansas. Page 147 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 148 of 301 1249. M. Bonilla is a present Operator employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. M. Bonilla was also employed as a Processor and an Operator during the statute of limitations period. 1250. M. Bonilla has always been a member of a union during the period of time covered by the applicable statute of limitations. 1251. Plaintiff Salvador Bonilla ("S. Bonilla") is a citizen and resident of the County of Pope in the State of Arkansas. 1252. S. Bonilla is presently employed as a Line Server at Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1253. S. Bonilla has always been a member of a union during the period of time covered by the applicable statute of limitations. 1254. Plaintiff Robert Bowden ("Bowden") is a citizen and resident of the County of Pope in the State of Arkansas. 1255. Bowden is a present Fry Bake Worker employed at the Russellville Plant. His tenure has spanned from December 21, 2009, through the present. Bowden was also employed in Receiving during the statute of limitations period. 1256. Bowden has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1257. Plaintiff Mark Brashear ("Brashear") is a citizen and resident of the County of Pope in the State of Arkansas. Page 148 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 149 of 301 1258. Brashear is a current Fork Lift Operator employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Brashear was also employed in Inventory Control during the statute of limitations period. 1259. Brashear has always been a member of a union during the period of time covered by the applicable statute of limitations. 1260. Plaintiff Dora Brockman ("Brockman") is a citizen and resident of the County of Dallas in the State of Texas. 1261. Brockman is a former Sanitor employed at the Russellville Plant. Her tenure spanned from September of 2009 through October of 2010. 1262. Brockman was not always a member of a union during the period of time covered by the applicable statute of limitations. 1263. Plaintiff Jacquelene Brooks ("J. Brooks") is a citizen and resident of the County of Conway in the State of Arkansas. 1264. J. Brooks is a present Scale Operator employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1265. J. Brooks has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1266. Upon information and belief, Plaintiff Lori Brooks ("L. Brooks") is a citizen and resident of the County of Yell in the State of Arkansas. Page 149 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 150 of 301 1267. Upon information and belief, L. Brooks worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April24, 2009. 1268. Upon information and belief, L. Brooks was not always a member of a union during the period of time covered by the applicable statute of limitations. 1269. Plaintiff Gary Brown ("G. Brown") is a citizen and resident of the County of Pope in the State of Arkansas. 1270. G. Brown is currently employed in Production Maintenance in the Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. Brown was also employed as a Plate Freezer Operator during the statute of limitations period. 1271. G. Brown has always been a member of a union during the period of time covered by the applicable statute of limitations. 1272. Plaintiff Jerry Brown ("J. Brown") is a citizen and resident of the County of Pope in the State of Arkansas. 1273. J. Brown is currently employed as a Sanitation Worker in the Russellville Plant. His tenure at the Russellville Plant began June 1, 2011, and he has also been employed as a Maintenance Worker at the Russellville Plant. Prior to working at the Russellville Plant, J. Brown worked at Defendant's facility in Clinton, Arkansas, for approximately fifteen years. 1274. J. Brown has always been a member of a union during the period of time covered by the applicable statute of limitations. Page 150 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 151 of 301 1275. Plaintiff Linda Brown ("Linda Brown") is a citizen and resident of the County of Yell in the State of Arkansas. 1276. Upon information and belief, Linda Brown is a former production, maintenance, and/or sanitation worker employed at the Russellville Plant. Her tenure spanned from March 8, 2004, through June 6, 2012. 1277. Linda Brown was not always a member of a union during the period of time covered by the applicable statute of limitations. 1278. Plaintiff Theodore Bruce, Jr., ("Bruce, Jr.") is a citizen and resident of the County of Pope in the State of Arkansas. 1279. Bruce, Jr., is a former Maintenance Worker employed at the Russellville Plant. Upon information and belief, his tenure spanned from on or after April 24, 2009, through December of 2011. 1280. Bruce, Jr., was always a member of a union during the period of time covered by the applicable statute of limitations. 1281. Plaintiff Curtis Brunston ("Brunston") is a citizen and resident of the County of Travis in the State of Texas. 1282. Brunston was formerly employed as a Line Server in Defendant's Russellville Plant. His tenure spanned from September 21, 2010, through December 6, 2010. 1283. Brunston was always a member of a union during the time period covered by the applicable statute of limitations. 1284. Plaintiff Clay Bryant ("Clay Bryant") is a citizen and resident of the County of Pope in the State of Arkansas. Page 151 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 152 of 301 1285. Clay Bryant is a present Sanitation Pipe Worker employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1286. Clay Bryant has always been a member of a union during the period of time covered by the applicable statute of limitations. 1287. Upon information and belief, Plaintiff Grace Bryant ("G. Bryant") is a citizen and resident of the County of Pope in the State of Arkansas. 1288. Upon information and belief, G. Bryant worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. 1289. Upon information and belief, G. Bryant was not always a member of a union during the period of time covered by the applicable statute of limitations. 1290. Plaintiff Danny Burton ("D. Burton") is a citizen and resident of the County of Pope in the State of Arkansas. 1291. D. Burton is a current Sanitor employed at the Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. Burton was also employed as a Line Server during the statute of limitations period. 1292. D. Burton has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1293. Plaintiff Rachel Burton ("R. Burton") is a citizen and resident of the County of Pope in the State of Arkansas. Page 152 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 153 of 301 1294. R. Burton is a present Operator II employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1295. R. Burton has always been a member of a union during the period of time covered by the applicable statute of limitations. 1296. Plaintiff Francine Byers ("F. Byers") is a citizen and resident of the County of Conway in the State of Arkansas. 1297. F. Byers is a present Processor employed at the Russellville Plant. Her tenure has spanned from May 4, 2011, through the present. 1298. F. Byers has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1299. Plaintiff Keith Byrum ("Byrum") is a citizen and resident of the County of Pope in the State of Arkansas. 1300. Byrum is a present Shipping Worker employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1301. Byrum has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1302. Plaintiff Medardo Calero ("Calero") is a citizen and resident of the County of Pope in the State of Arkansas. 1303. Upon information and belief, Calero worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. Page 153 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 154 of 301 1304. Upon information and belief, Calero was not always a member of a union during the period of time covered by the applicable statute of limitations. 1305. Plaintiff Myrna Calito ("Calito") is a citizen and resident of the County of Pope in the State of Arkansas. 1306. Calito is a current Sanitor employed in Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1307. Calito has always been a member of a union during the period of time covered by the applicable statute of limitations. 1308. Plaintiff Lloyd Callan ("Callan") is a citizen and resident of the County of Pope in the State of Arkansas. 1309. Callan is a present Mechanic employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1310. Callan has always been a member of a union during the period of time covered by the applicable statute of limitations. 1311. Plaintiff Gary Canady ("Gary Canady") is a citizen and resident of the County of Conway in the State of Arkansas. 1312. Gary Canady is a current Line Server employed in Defendant's Russellville Plant. His tenure began April 18, 2011. 1313. Gary Canady has not always been a member of a union during the period of time covered by the applicable statute of limitations. Page 154 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 155 of 301 1314. Plaintiff Gene Canady ("Gene Canady") is a citizen and resident of the County of Conway in the State of Arkansas. 1315. Gene Canady is a current Line Server employed in Defendant's Russellville Plant. His tenure began May 4, 2011. 1316. Gene Canady has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1317. Plaintiff Carlos Carrillo ("C. Carrillo") is a citizen and resident of the County of Pope in the State of Arkansas. 1318. C. Carrillo is a present Production Department Palletizer Operator employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1319. C. Carrillo has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1320. Plaintiff Glendy Carrillo ("G. Carrillo") is a citizen and resident of the County of Pope in the State of Arkansas. 1321. G. Carrillo is a present Operator Ill employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Upon information and belief, G. Carrillo was also employed as a Processor during the statute of limitations period. 1322. G. Carrillo has always been a member of a union during the period of time covered by the applicable statute of limitations. 1323. Plaintiff Mike Carrillo ("M. Carrillo") is a citizen and resident of the County of Pope in the State of Arkansas. Page 155 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 156 of 301 1324. Upon information and belief, M. Carrillo is a former production, maintenance, and/or sanitation worker employed at the Russellville Plant. His tenure spanned from December 26, 2001, through January 3, 2012. 1325. M. Carrillo has always been a member of a union during the period of time covered by the applicable statute of limitations. 1326. Plaintiff Sandra Carrillo ("S. Carrillo") is a citizen and resident of the County of Pope in the State of Arkansas. 1327. S. Carrillo is presently employed in Weight Control at Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Carrillo was also employed in the positions of Fork Lift Driver and Processor during the last three (3) years. 1328. S. Carrillo has always been a member of a union during the period of time covered by the applicable statute of limitations. 1329. Plaintiff Rudy Castillo ("Castillo") is a citizen and resident of the County of Pope in the State of Arkansas. 1330. Castillo is a present Line Service Worker employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1331. Castillo has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1332. Upon information and belief, Plaintiff Esmeralda Cavazos ("Cavazos") is a citizen and resident of the County of Yell in the State of Arkansas. Page 156 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 157 of 301 1333. Upon information and belief, Cavazos worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. 1334. Upon information and belief, Cavazos was not always a member of a union during the period of time covered by the applicable statute of limitations. 1335. Plaintiff Ashanti Chenault ("Chenault") is a citizen and resident of the County of Pope in the State of Arkansas. 1336. Chenault is a present Processor employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Chenault was also employed as a Processor Operator during the statute of limitations period. 1337. Chenault has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1338. Plaintiff Patricia Chenowith ("Chenowith") is a citizen and resident of the County of Pope in the State of Arkansas. 1339. Chenowith is a present Process Operator employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1340. Chenowith has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1341. Plaintiff Chris Childers ("Childers") is a citizen and resident of the County of Johnson in the State of Arkansas. Page 157 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 158 of 301 1342. Childers is presently employed in Production Maintenance in the Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. 1343. Childers has always been a member of a union during the period of time covered by the applicable statute of limitations. 1344. Plaintiff Cheryl Chronister ("Chronister") is a citizen and resident of the County of Pope in the State of Arkansas. 1345. Upon information and belief, Chronister is a former production, maintenance, and/or sanitation worker employed at the Russellville Plant. Her tenure spanned from June 19, 1987, through March 2, 2010. 1346. Chronister has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1347. Plaintiff William Clark ("Clark") is a citizen and resident of the County of Pope in the State of Arkansas. 1348. Clark is currently employed as a Processor at Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Clark was also employed as a Line Server during the statute of limitations period. 1349. Clark has not always been a member of a union during the time period covered by the applicable statute of limitations. 1350. Plaintiff Mary Coffman ("M. Coffman") is a citizen and resident of the County of Pope in the State of Arkansas. Page 158 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 159 of 301 1351. M. Coffman is a former Lead employed at the Russellville Plant. Her tenure spanned from April 24, 2009, through October 4, 2010. 1352. M. Coffman was not always a member of a union during the period of time covered by the applicable statute of limitations. 1353. Plaintiff Tellas Collier ("Collier") is a citizen and resident of the County of Pope in the State of Arkansas. 1354. Collier is currently employed as a Sanitor in the Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. 1355. Collier has always been a member of a union during the period of time covered by the applicable statute of limitations. 1356. Plaintiff Barbara Collins ("B. Collins") is a citizen and resident of the County of Pope in the State of Arkansas. 1357. B. Collins is a former Production Worker employed at the Russellville Plant. Her tenure spanned from December 19, 1966, through November 11, 2011. 1358. B. Collins was not always a member of a union during the period of time covered by the applicable statute of limitations. 1359. Plaintiff Shannon Collins ("Collins") is a citizen and resident of the County of Pope in the State of Arkansas. 1360. Collins was formerly employed as a Sanitation Worker at Defendant's Russellville Plant. His tenure began on or about August 26, 2011, and it ended on or about September, 2012. 1361. Collins was always a member of a union during the period of time covered by the applicable statute of limitations. Page 159 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 160 of 301 1362. Plaintiff David Conner ("Conner") is a citizen and resident of the County of Pope in the State of Arkansas. 1363. Conner is a present Utility Operator employed at the Russellville Plant. His tenure has spanned from April of 2009 through the present. 1364. Conner has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1365. Plaintiff David Cook ("D. Cook") is a citizen and resident of the County of Pope in the State of Arkansas. 1366. D. Cook is a present Refrigerator Mechanic employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1367. D. Cook has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1368. Plaintiff Joyce Cook ("J. Cook") is a citizen and resident of the County of Pope in the State of Arkansas. 1369. J. Cook is a present Quality Control Technician employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1370. J. Cook has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1371. Plaintiff Linda Cook ("L. Cook") is a citizen and resident of the County of Pope in the State of Arkansas. Page 160 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 161 of 301 1372. L. Cook was formerly employed as a Sanitation Worker at the Russellville Plant. Her tenure began in 1975, and it ended on or about April 28, 2010. Cook was also employed as a Freezer Operator during the statute of limitations period. 1373. L. Cook was always a member of a union during the period of time covered by the applicable statute of limitations. 1374. Plaintiff Felisha Cooper ("F. Cooper") is a citizen and resident of the County of Pope in the State of Arkansas. 1375. F. Cooper is a present Carton Machine Operator II employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1376. F. Cooper has always been a member of a union during the period of time covered by the applicable statute of limitations. 1377. Plaintiff Freda Cossey ("Cossey") is a citizen and resident of the County of Yell in the State of Arkansas. 1378. Cossey was formerly employed as a Fork Lift Driver in Defendant's Russellville Plant. Her tenure began on or about August 7, 1989, and it ended on or about June 30, 2012. 1379. Upon information and belief, Cossey was always a member of a union during the period of time covered by the applicable statute of limitations. 1380. Plaintiff Denise Crain ("Crain") is a citizen and resident of the County of Yell in the State of Arkansas. 1381. Crain was formerly employed in Sanitation and Production Maintenance in Defendant's Russellville Plant. Her tenure began on or about January 2010, and it Page 161 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 162 of 301 ended on or about September, 2010. Crain was also employed as Back-Up Lead and Quality Control Tech during the statute of limitations period. 1382. Crain was not always a member of a union during the period of time covered by the applicable statute of limitations. 1383. Plaintiff Carrie Crawford ("Crawford') is a citizen and resident of the County of Pope in the State of Arkansas. 1384. Crawford is currently employed as a Utility Prep at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1385. Crawford has always been a member of a union during the period of time covered by the applicable statute of limitations. 1386. Plaintiff Juan Crisostomo ("J. Crisostomo") is a citizen and resident of the County of Pope in the State of Arkansas. 1387. J. Crisostomo is presently employed as a Line Server in Defendant's Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. 1388. J. Crisostomo has always been a member of a union during the period of time covered by the applicable statute of limitations period. 1389. Plaintiff Justin Criswell ("J. Criswell") is a citizen and resident of the County of Conway in the State of Arkansas. 1390. J. Criswell is presently employed as a Line Server in Defendant's Russellville Plant. His tenure began June 21, 2012. Page 162 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 163 of 301 1391. J. Criswell has not always been a member of a union during the period of time covered by the applicable statute of limitations period. 1392. Upon information and belief, Plaintiff Ruth Criswell ("R. Criswell") is a citizen and resident of the County of Conway in the State of Arkansas. 1393. Upon information and belief, R. Criswell worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April24, 2009. 1394. Upon information and belief, R. Criswell was not always a member of a union during the period of time covered by the applicable statute of limitations. 1395. Plaintiff Wanza Cross ("Cross") is a citizen and resident of the County of Yell in the State of Arkansas. 1396. Cross is a current Extra Board Processor employed at the Russellville Plant. Cross was also employed as a Line Server in Fry Bake during the statute of limitations period. 1397. Upon information and belief, Cross has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1398. Plaintiff Timothy Davidson ("Davidson") is a citizen and resident of the County of Pope in the State of Arkansas. 1399. Davidson is a present Bagger Operator employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1400. Davidson has always been a member of a union during the period of time covered by the applicable statute of limitations. Page 163 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 164 of 301 1401. Plaintiff Ellis Davis, Jr. ("Davis, Jr.") is a citizen and resident of the County of Pope in the State of Arkansas. 1402. Davis, Jr. is currently employed as a Processor at the Russellville Plant. His tenure began on or about June 1, 2011. 1403. Davis, Jr. has always been a member of a union during the period of time covered by the applicable statute of limitations. 1404. Plaintiff Keeton Davis ("Keeton Davis") is a citizen and resident of the County of Yell in the State of Arkansas. 1405. Keeton Davis is currently employed as a Prep Worker in Defendant's Russellville Plant. His tenure began prior to the three years immediately preceding the filing of this action. 1406. Keeton Davis has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1407. Plaintiff Kristina Davis ("Kristina Davis") is a citizen and resident of the County of Pope in the State of Arkansas. 1408. Kristina Davis is a former processor employed at the Russellville Plant. Her tenure spanned from May of 2004 through May of 2009. 1409. Kristina Davis was not always member of a union during the period of time covered by the applicable statute of limitations. 141 0. Plaintiff Robert Delavan ("Delavan") is a citizen and resident of the County of Pope in the State of Arkansas. Page 164 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 165 of 301 1411. Delavan was formerly employed as a Fork Lift Driver at the Russellville Plant. His tenure began on or about August 19, 1997, and it ended on or about August 31' 2012. 1412. Delavan was not always a member of a union during the period of time covered by the applicable statute of limitations. 1413. Plaintiff Helen Diaz ("H. Diaz") is a citizen and resident of the County of Pope in the State of Arkansas. 1414. H. Diaz is a present Processor employed at the Russellville Plant. Her tenure has spanned from April 20, 2010, through the present. 1415. H. Diaz has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1416. Plaintiff Jacinto Diaz ("J. Diaz") is a citizen and resident of the County of Yell in the State of Arkansas. 1417. J. Diaz is a current Sanitor at the Russellville Plant. His tenure began prior to the three years immediately preceding the filing of this action. J. Diaz was also employed in Line Services and as a Process Operator during the statute of limitations period. 1418. J. Diaz was not always a member of a union during the period of time covered by the applicable statute of limitations. 1419. Plaintiff Julianna Ditton ("J. Ditton") is a citizen and resident of the County of Logan in the State of Arkansas. 1420. J. Ditton is a former Processor Operator employed at the Russellville Plant. Her tenure spanned from June 5, 2006, through June of 2012. Page 165 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 166 of 301 1421. J. Ditton was always a member of a union during the period of time covered by the applicable statute of limitations. 1422. Plaintiff Robert Ditton ("R. Ditton") is a citizen and resident of the County of Logan in the State of Arkansas. 1423. R. Ditton is a present Processor Operator employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1424. R. Ditton has always been a member of a union during the period of time covered by the applicable statute of limitations. 1425. Plaintiff Rosa Dixon ("Dixon") is a citizen and resident of the County of Pope in the State of Arkansas. 1426. Dixon is a present Processor employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1427. Dixon has always been a member of a union during the period of time covered by the applicable statute of limitations. 1428. Plaintiff Heath Dollar ("Dollar") is a citizen and resident of the County of Pope in the State of Arkansas. 1429. Dollar is a present Sanitor employed at the Russellville Plant. His tenure has spanned from August 1, 2010, through the present. 1430. Dollar has not always been a member of a union during the period of time covered by the applicable statute of limitations. Page 166 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 167 of 301 1431. Plaintiff Emerson Dominguez-Osorio ("Dominguez-Osorio") is a citizen and resident of the County of Pope in the State of Arkansas. 1432. Dominguez-Osorio is a former Crock Pot Processor Operator, Fork List Driver, Line Service Worker, and Sanitation Worker employed at the Russellville Plant. His tenure spanned from May 7, 2007, through November 25, 2011. 1433. Dominguez-Osorio was not always a member of a union during the period of time covered by the applicable statute of limitations. 1434. Plaintiff Mario Doratt ("Doratt") is a citizen and resident of the County of Pope in the State of Arkansas. 1435. Doratt is presently employed as a Line Server at Defendant's Russellville Plant. His tenure began on or about March 22, 2010. Doratt was also employed as a Mechanic during the statute of limitations period. 1436. Doratt has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1437. Plaintiff Alice Dorsett ("Dorsett") is a citizen and resident of the County of Pope in the State of Arkansas. 1438. Dorsett is a present Fry Bake Specialist employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1439. Dorsett has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1440. Plaintiff Lee Dorsey ("Dorsey") is a citizen and resident of the County of Pope in the State of Arkansas. Page 167 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 168 of 301 1441. Dorsey is a present Fry Bake Specialist and Sanitor employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Dorsey was also employed as a Switch Driver during the statute of limitations period. 1442. Dorsey has always been a member of a union during the period of time covered by the applicable statute of limitations. 1443. Upon information and belief, Plaintiff Carlos Duarte ("Duarte") is a citizen and resident of the County of Pope in the State of Arkansas. 1444. Upon information and belief, Duarte worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April24, 2009. 1445. Upon information and belief, Duarte was not always a member of a union during the period of time covered by the applicable statute of limitations. 1446. Upon information and belief, Plaintiff Katherine DuVall ("DuVall") is a citizen and resident of the County of Pope in the State of Arkansas. 1447. Upon information and belief, DuVall worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. 1448. Upon information and belief, DuVall was not always a member of a union during the period of time covered by the applicable statute of limitations. 1449. Plaintiff Jimmy Earls ("Earls") is a citizen and resident of the County of Pope in the State of Arkansas. 1450. Earls is a present Fork Lift Operator in the Shipping Department employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Page 168 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 169 of 301 1451. Earls has always been a member of a union during the period of time covered by the applicable statute of limitations. 1452. Plaintiff Rachel Edlin ("Edlin") is a citizen and resident of the County of Pope in the State of Arkansas. 1453. Edlin is a present Fork Lift Operator employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1454. Edlin has always been a member of a union during the period of time covered by the applicable statute of limitations. 1455. Plaintiff Bonita Embry ("B. Embry") is a citizen and resident of the County of Pope in the State of Arkansas. 1456. B. Embry was previously employed as a Fork Lift Driver in Defendant's Russellville Plant. Her tenure began on or about June 22, 1987, and it ended on or about July 31, 2012. 1457. B. Embry was not always a member of a union during the period of time covered by the applicable statute of limitations. 1458. Plaintiff Deirdre Embry ("D. Embry") is a citizen and resident of the County of Faulkner in the State of Arkansas. 1459. D. Embry is a former Extra Board Processor employed at the Russellville Plant. Her tenure spanned from May 14, 2001, through October 20, 2011. 1460. D. Embry was always a member of a union during the period of time covered by the applicable statute of limitations. Page 169 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 170 of 301 1461. Plaintiff Susan Emery ("Emery") is a citizen and resident of the County of Pope in the State of Arkansas. 1462. Emery is a present Triangle Operator employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1463. Emery has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1464. Plaintiff Christian Enriquez ("Enriquez") is a citizen and resident of the County of Faulkner in the State of Arkansas. 1465. Enriquez was formerly employed in the positions of Line Server and Machine Operator in Defendant's Russellville Plant. His tenure began on or about September of 2008, and it ended on or about August, 2009. 1466. Enriquez was always a member of a union during the period of time covered by the applicable statute of limitations. 1467. Plaintiff lrlanda Espinoza ("Espinoza") is a citizen and resident of the County of Pope in the State of Arkansas. 1468. Espinoza is a present Sanitation Lead employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Espinoza was also employed as a Sanitor during the statute of limitations period. 1469. Espinoza has always been a member of a union during the period of time covered by the applicable statute of limitations. Page 170 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 171 of 301 1470. Plaintiff Johnny Floren ("Floren") is a citizen and resident of the County of Logan in the State of Arkansas. 1471. Upon information and belief, Floren was formerly employed as a Maintenance Electrician at the Russellville Plant at some time after April24, 2009. 1472. Upon information and belief, Floren was not always a member of a union during the period of time covered by the applicable statute of limitations. 1473. Plaintiff Karen Ford ("Ford") is a citizen and resident of the County of Yell in the State of Arkansas. 1474. Ford is presently employed as a Sanitation Worker in Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1475. Ford has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1476. Plaintiff Johnnie Foster ("J. Foster") is a citizen and resident of the County of Yell in the State of Arkansas. 1477. J. Foster is currently employed in Production Maintenance at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. J. Foster was also employed in Production during the statute of limitations period. 1478. J. Foster has always been a member of a union during the period of time covered by the applicable statute of limitations. 1479. Plaintiff William Foster ("W. Foster") is a citizen and resident of the County of Logan in the State of Arkansas. Page 171 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 172 of 301 1480. W. Foster is a present Maintenance Worker employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1481. W. Foster has always been a member of a union during the period of time covered by the applicable statute of limitations. 1482. Plaintiff Caryl Fowler ("C. Fowler") is a citizen and resident of the County of Yell in the State of Arkansas. 1483. C. Fowler is a current Fork Lift Driver employed at the Russellville Plant. Her tenure began prior to the three (3) years immediately preceding the filing of this action. 1484. C. Fowler has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1485. Plaintiff Randy Fowler ("R. Fowler") is a citizen and resident of the County of Yell in the State of Arkansas. 1486. R. Fowler is presently employed as a Fork Lift Driver in Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1487. R. Fowler has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1488. Plaintiff Debra Freeman ("D. Freeman") is a citizen and resident of the County of Pope in the State of Arkansas. 1489. D. Freeman is currently employed as a Pan Wash Operator in Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years Page 172 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 173 of 301 immediately preceding the filing of this action. During the statute of limitations period, D. Freeman was also employed in the positions of Sanitor and Oven Specialist. 1490. D. Freeman has always been a member of a union during the period of time covered by the applicable statute of limitations. 1491. Plaintiff Floyd Freeman ("F. Freeman") is a citizen and resident of the County of Pope in the State of Arkansas. 1492. F. Freeman was formerly employed as a Tailgate Operator at the Russellville Plant. His tenure began on or about September 20, 1973, and it ended on or about September, 2010. 1493. F. Freeman was always a member of a union during the period of time covered by the applicable statute of limitations. 1494. Plaintiff Jeffery Freeman ("J. Freeman") is a citizen and resident of the County of Pope in the State of Arkansas. 1495. J. Freeman was formerly employed as a Fry Bake Specialist in Defendant's Russellville Plant. His tenure began on or about September 9, 2010, and it ended on or about March, 2011. J. Freeman was also employed as a Line Server during the statute of limitations period. 1496. J. Freeman was not always a member of a union during the period of time covered by the applicable statute of limitations. 1497. Plaintiff Lawrence Freeman ("L. Freeman") is a citizen and resident of the County of Pope in the State of Arkansas. 1498. L. Freeman is a current Lead employee at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the Page 173 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 174 of 301 filing of this action. L. Freeman was also employed as a Pipe Employee Sanitor during the statute of limitations period. 1499. L. Freeman has always been a member of a union during the period of time covered by the applicable statute of limitations. 1500. Plaintiff Michael Freeman ("M. Freeman") is a citizen and resident of the County of Pope in the State of Arkansas. 1501. M. Freeman was formerly employed in Production Maintenance at the Russellville Plant. His tenure began on or about May of 2011, and it ended on or about December, 2011. 1502. M. Freeman was not always a member of a union during the period of time covered by the applicable statute of limitations. 1503. Plaintiff William Freeman ("W. Freeman") is a citizen and resident of the County of Pope in the State of Arkansas. 1504. W. Freeman was formerly employed in Receiving at Defendant's Russellville Plant. His tenure began on or about April 1, 2007, and it ended on or about May 15, 2009. 1505. W. Freeman was always a member of a union during the period of time covered by the applicable statute of limitations. 1506. Plaintiff Yong Gabhart ("Gabhart") is a citizen and resident of the County of Pope in the State of Arkansas. 1507. Gabhart is a former processor employed at the Russellville Plant. Gabhart's tenure spanned from May 18, 1981, through May 16,2009. Page 174 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 175 of 301 1508. Gabhart was always a member of a union during the period of time covered by the applicable statute of limitations. 1509. Plaintiff Danny Gallaher ("Gallaher") is a citizen and resident of the County of Pope in the State of Arkansas. 1510. Gallaher was formerly employed in Production Maintenance in Defendant's Russellville Plant. His tenure began on or about April 21, 2008, and it ended on or about September 18, 2012. 1511. Gallaher was always a member of a union during the period of time covered by the applicable statute of limitations. 1512. Plaintiff Kathy Garrigus ("Garrigus") is a citizen and resident of the County of Pope in the State of Arkansas. 1513. Garrigus is a present Fry Bake Specialist employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1514. Garrigus has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1515. Upon information and belief, Plaintiff Samuel Genna ("Genna") is a citizen and resident of the County of Johnson in the State of Arkansas. 1516. Upon information and belief, Genna worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. 1517. Upon information and belief, Genna was not always a member of a union during the period of time covered by the applicable statute of limitations. Page 175 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 176 of 301 1518. Plaintiff Heidi Gering ("Gering") is a citizen and resident of the County of Pope in the State of Arkansas. 1519. Gering is a present Sanitor employed at the Russellville Plant. Her tenure has spanned from May 29, 2012, through the present. 1520. Gering has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1521. Plaintiff Irma Giran ("Giran") is a citizen and resident of the County of Pope in the State of Arkansas. 1522. Giran is currently employed as a Processor at Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1523. Giran has always been a member of a union during the period of time covered by the applicable statute of limitations. 1524. Plaintiff Isidro Godoy ("I. Godoy") is a citizen and resident of the County of Pope in the State of Arkansas. 1525. I. Godoy is a present Prep Worker employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1526. I. Godoy has always been a member of a union during the period of time covered by the applicable statute of limitations. 1527. Plaintiff Rebeca Godoy ("R. Godoy") is a citizen and resident of the County of Pope in the State of Arkansas. Page 176 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 177 of 301 1528. R. Godoy is a present Shipping Operator employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1529. R. Godoy has always been a member of a union during the period of time covered by the applicable statute of limitations. 1530. Plaintiff Ernest Goins ("Goins") is a citizen and resident of the County of Yell in the State of Arkansas. 1531. Goins is a present Maintenance Worker-Line Tech employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1532. Goins has always been a member of a union during the period of time covered by the applicable statute of limitations. 1533. Plaintiff Celia Gonzalez ("C. Gonzalez") is a citizen and resident of the County of Yell in the State of Arkansas. 1534. C. Gonzalez is currently employed as a Processor in the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1535. Upon information and belief, C. Gonzalez has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1536. Plaintiff Edin Gonzalez ("E. Gonzalez") is a citizen and resident of the County of Pope in the State of Arkansas. Page 177 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 178 of 301 1537. E. Gonzalez is a current Process Operator employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1538. E. Gonzalez has always been a member of a union during the period of time covered by the applicable statute of limitations. 1539. Plaintiff Jose H. Gonzalez ("J.H. Gonzalez") is a citizen and resident of the County of Pope in the State of Arkansas. 1540. J.H. Gonzalez is presently employed as a Line Server at Defendant's Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. 1541. J.H. Gonzalez has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1542. Plaintiff Maria Gonzalez ("M. Gonzalez") is a citizen and resident of the County of Yell in the State of Arkansas. 1543. M. Gonzalez is presently employed as a Fork Lift Driver in the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. M. Gonzalez was also employed as a Line Server and Processor during the last three (3) years. 1544. M. Gonzalez has always been a member of a union during the period of time covered by the applicable statute of limitations. 1545. Plaintiff Linda Greer ("Greer") is a citizen and resident of the County of Pope in the State of Arkansas. Page 178 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 179 of 301 1546. Greer is a present Operator Ill employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1547. Greer was always a member of a union during the period of time covered by the applicable statute of limitations. 1548. Upon information and belief, Plaintiff Theresa Grigsby ("Grigsby') is a citizen and resident of the County of Pope in the State of Arkansas. 1549. Upon information and belief, Grigsby worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April24, 2009. 1550. Upon information and belief, Grigsby was not always a member of a union during the period of time covered by the applicable statute of limitations. 1551. Plaintiff Rosa Gutierrez ("Gutierrez") is a citizen and resident of the County of Yell in the State of Arkansas. 1552. Gutierrez is a present Processor employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1553. Gutierrez has always been a member of a union during the period of time covered by the applicable statute of limitations. 1554. Plaintiff Kristy Hagan ("Hagan") is a citizen and resident of the County of Pope in the State of Arkansas. 1555. Hagan is a present Processor employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the Page 179 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 180 of 301 filing of this action. Hagan was also employed as an Operator during the statute of limitations period. 1556. Hagan has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1557. Plaintiff David Hardin ("Hardin") is a citizen and resident of the County of Pope in the State of Arkansas. 1558. Hardin is a present Sanitor employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1559. Hardin has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1560. Plaintiff Lonnie Harris ("Harris") is a citizen and resident of the County of Johnson in the State of Arkansas. 1561. Harris is a present Line Sanitor employed at the Russellville Plant. Harris's tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1562. Harris has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1563. Plaintiff Travis Harvey ("Harvey") is a citizen and resident of the County of Conway in the State of Arkansas. 1564. Harvey is presently employed as a Line Server at Defendant's Russellville Plant. His tenure began on or about April 18, 2011. Page 180 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 181 of 301 1565. Harvey has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1566. Plaintiff Cathy Heflin ("Heflin") is a citizen and resident of the County of Yell in the State of Arkansas. 1567. Heflin is a present Fry Bake Specialist employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1568. Heflin has always been a member of a union during the period of time covered by the applicable statute of limitations. 1569. Plaintiff Dyana Hefner ("Hefner") is a citizen and resident of the County of Pope in the State of Arkansas. 1570. Hefner was formerly employed as a Freezer Operator in the Russellville Plant. Her tenure began on or about January 17, 1984, and it ended on or about March 8, 2011. Hefner was also employed in Production and as a Dinner Line Employee during the statute of limitations period. 1571. Hefner was always a member of a union during the period of time covered by the applicable statute of limitations. 1572. Plaintiff Hermes Henriquez ("Henriquez") is a citizen and resident of the County of Pope in the State of Arkansas. 1573. Henriquez is a present Extra Board Prep employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Page 181 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 182 of 301 1574. Henriquez has always been a member of a union during the period of time covered by the applicable statute of limitations. 1575. Plaintiff Brenda Hernandez ("B. Hernandez") is a citizen and resident of the County of Yell in the State of Arkansas. 1576. B. Hernandez is currently employed as a Processor at Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1577. B. Hernandez has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1578. Plaintiff Carmen Hernandez ("C. Hernandez") is a citizen and resident of the County of Yell in the State of Arkansas. 1579. C. Hernandez is a current Weight Person employed at the Russellville Plant. C. Hernandez's tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. C. Hernandez was also employed as a Process Operator and Operator II during the statute of limitations period. 1580. C. Hernandez has always been a member of a union during the period of time covered by the applicable statute of limitations. 1581. Plaintiff Guadalupe Hernandez ("G. Hernandez") is a citizen and resident of the County of Yell in the State of Arkansas. 1582. G. Hernandez is currently employed as a Processor in the Russellville Plant. Her tenure began prior to the three (3) years immediately preceding the filing of this action. G. Hernandez was also employed as an Operator during the statute of limitations period. Page 182 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 183 of 301 1583. G. Hernandez has always been a member of a union during the period of time covered by the applicable statute of limitations. 1584. Upon information and belief, Plaintiff Henry Hernandez ("H. Hernandez") is a citizen and resident of the County of Pope in the State of Arkansas. 1585. Upon information and belief, H. Hernandez worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. 1586. Upon information and belief, H. Hernandez was not always a member of a union during the period of time covered by the applicable statute of limitations. 1587. Plaintiff Juan Hernandez ("Juan Hernandez") is a citizen and resident of the County of Pope in the State of Arkansas. 1588. Juan Hernandez is a current Fork Lift Driver employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1589. Juan Hernandez has always been a member of a union during the period of time covered by the applicable statute of limitations. 1590. Plaintiff Maria Hernandez ("Maria Hernandez") is a citizen and resident of the County of Pope in the State of Arkansas. 1591. Maria Hernandez is a current Processor employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Maria Hernandez was also employed as an Operator during the statute of limitations period. Page 183 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 184 of 301 1592. Maria Hernandez has always been a member of a union during the period of time covered by the applicable statute of limitations. 1593. Plaintiff Mercedes Hernandez ("Mercedes Hernandez") is a citizen and resident of the County of Pope in the State of Arkansas. 1594. Mercedes Hernandez is a current Processor employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Mercedes Hernandez was also employed as a Fry Bake Specialist during the statute of limitations period. 1595. Mercedes Hernandez has always been a member of a union during the period of time covered by the applicable statute of limitations. 1596. Plaintiff Raul Hernandez ("Raul Hernandez") is a citizen and resident of the County of Yell in the State of Arkansas. 1597. Raul Hernandez is a current Operator II employed at the Russellville Plant. His tenure has spanned from March 22, 2010, through the present. Raul Hernandez was also employed as a Line Server, Process Operator, and Processor during the statute of limitations period. 1598. Raul Hernandez has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1599. Plaintiff Rene Hernandez (''Rene Hernandez") is a citizen and resident of the County of Pope in the State of Arkansas. 1600. Upon information and belief, Rene Hernandez is a former Prep-Line Service Worker employed at the Russellville Plant at some time after April 24, 2009. Page 184 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 185 of 301 1601. Rene Hernandez was not always a member of a union during the period of time covered by the applicable statute of limitations. 1602. Upon information and belief, Plaintiff Rosa Hernandez ("Rosa Hernandez") is a citizen and resident of the County of Pope in the State of Arkansas. 1603. Upon information and belief, Rosa Hernandez worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April24, 2009. 1604. Upon information and belief, Rosa Hernandez was not always a member of a union during the period of time covered by the applicable statute of limitations. 1605. Plaintiff Vickie Higgins ("Higgins") is a citizen and resident of the County of Yell in the State of Arkansas. 1606. Higgins is a current Extra Board Processor employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1607. Higgins has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1608. Plaintiff Eddie Hill ("E. Hill") is a citizen and resident of the County of Conway in the State of Arkansas. 1609. E. Hill is presently employed as a Line Server at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1610. E. Hill has not always been a member of a union during the period of time covered by the applicable statute of limitations. Page 185 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 186 of 301 1611. Plaintiff Guy Hill ("G. Hill") is a citizen and resident of the County of Pope in the State of Arkansas. 1612. G. Hill is currently employed in Production Maintenance at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. G. Hill was also employed as a Sanitor during the statute of limitations period. 1613. G. Hill has always been a member of a union during the period of time covered by the applicable statute of limitations. 1614. Plaintiff Pamela Hill ("P. Hill") is a citizen and resident of the County of Pope in the State of Arkansas. 1615. P. Hill is a current Sanitation Worker employed in Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. P. Hill was also employed as a Process Operator, Quality Control Tech, and Pipe Employee during the statute of limitations period. 1616. P. Hill has always been a member of a union during the period of time covered by the applicable statute of limitations. 1617. Plaintiff Stephanie Hillis ("S. Hillis") is a citizen and resident of the County of Pope in the State of Arkansas. 1618. S. Hillis is a former Prep Cook employed at the Russellville Plant. Her tenure lasted from October 12, 1993 through July of 2010. 1619. S. Hillis was not always a member of a union during the period of time covered by the applicable statute of limitations Page 186 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 187 of 301 1620. Plaintiff Melvin Hirtler ("Hirtler") is a citizen and resident of the County of Pope in the State of Arkansas. 1621. Hirtler is currently employed as a Process Operator at the Russellville Plant. His tenure began on or about January 1, 2011. 1622. Upon information and belief, Hirtler has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1623. Plaintiff Jerry Holland ("Holland") is a citizen and resident of the County of Pope in the State of Arkansas. 1624. Holland is a current Mechanic 8 employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1625. Holland has always been a member of a union during the period of time covered by the applicable statute of limitations. 1626. Upon information and belief, Plaintiff Denise Hon ("Hon") is a citizen and resident of the County of Pope in the State of Arkansas. 1627. Upon information and belief, Hon worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. 1628. Upon information and belief, Hon was not always a member of a union during the period of time covered by the applicable statute of limitations. 1629. Plaintiff Jerry Honaker, Sr. ("Honaker, Sr.") is a citizen and resident of the County of Pope in the State of Arkansas. 1630. Honaker, Sr., is presently employed in Weight Control at Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years Page 187 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 188 of 301 immediately preceding the filing of this action. Honaker, Sr., was also employed as an Operator II during the statute of limitations period. 1631. Honaker, Sr., has always been a member of a union during the period of time covered by the applicable statute of limitations. 1632. Plaintiff Tommy Honaker ("T. Honaker") is a citizen and resident of the County of Searcy in the State of Arkansas. 1633. T. Honaker is a former Utility Prep employed at the Russellville Plant. His tenure spanned from June 5, 1995, through December 31, 2011. 1634. T. Honaker has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1635. Plaintiff Kimberly Hopson ("Hopson") is a citizen and resident of the County of Pope in the State of Arkansas 1636. Hopson is currently employed as an Operator at Defendant's Russellville Plant. Her tenure began prior to the three (3) years immediately preceding the filing of this action. Hopson was also employed as a Processor during the statute of limitations period. 1637. Hopson has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1638. Plaintiff Gennifer Horn ("Horn") is a citizen and resident of the County of Pope in the State of Arkansas. 1639. Horn is a present Fork Lift Operator employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding Page 188 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 189 of 301 the filing of this action. Horn was also employed as a Sanitation Worker during the statute of limitations period. 1640. Horn has always been a member of a union during the period of time covered by the applicable statute of limitations. 1641. Plaintiff Bernice Howard ("Howard") is a citizen and resident of the County of Pope in the State of Arkansas. 1642. Howard is a former Fry Bake Specialist and Processor employed at the Russellville Plant. Her tenure has spanned from June of 2000 through October of 2009. 1643. Upon information and belief, Howard has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1644. Plaintiff David Huaranga ("Huaranga") is a citizen and resident of the County of Pope in the State of Arkansas. 1645. Huaranga is a present Quality Control Tech employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1646. Huaranga has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1647. Upon information and belief, Plaintiff Carol Huggins ("Huggins") is a citizen and resident of the County of Logan in the State of Arkansas. 1648. Huggins is a former Line Lead Worker employed at the Russellville Plant. Her tenure spanned from 2001 through March 9, 2010. 1649. Huggins was always a member of a union during the period of time covered by the applicable statute of limitations. Page 189 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 190 of 301 1650. Plaintiff Anna Hughes ("A. Hughes") is a citizen and resident of the County of Johnson in the State of Arkansas. 1651. A. Hughes was formerly employed as a Processor in the Russellville Plant. Her tenure began on or about April 8, 1991, and it ended on or about March 2, 2012. 1652. A. Hughes was always a member of a union during the period of time covered by the applicable statute of limitations. 1653. Plaintiff Mary Hughes ("M. Hughes") is a citizen and resident of the County of Pope in the State of Arkansas. 1654. M. Hughes is a present Processor employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1655. M. Hughes has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1656. Plaintiff Krystal Humphrey ("Humphrey") is a citizen and resident of the County of Nueces in the State of Texas. 1657. Humphrey was formerly employed as a Fry Bake Specialist at Defendant's Russellville Plant. Her tenure began on or about December of 2004, and it ended on or about June, 2010. Humphrey was also employed as a Cook during the statute of limitations period. 1658. Upon information and belief, Humphrey was not always a member of a union during the period of time covered by the applicable statute of limitations. Page 190 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 191 of 301 1659. Plaintiff Rebecca Irwin ("Irwin") is a citizen and resident of the County of Conway in the State of Arkansas. 1660. Irwin was formerly employed as a Lead at Defendant's Russellville Plant. Her tenure began on or about March 26, 1990, and it ended on or about June 1, 2009. 1661. Irwin was always a member of a union during the period of time covered by the applicable statute of limitations. 1662. Plaintiff Rosa Izaguirre ("Izaguirre") is a citizen and resident of the County of Pope in the State of Arkansas. 1663. Izaguirre is a former Carton Machine Operator employed at the Russellville Plant. Her tenure spanned from June 23, 2003, through March 24, 2011. 1664. Izaguirre was always a member of a union during the period of time covered by the applicable statute of limitations. 1665. Plaintiff Frankie Jackson ("F. Jackson") is a citizen and resident of the County of Pope in the State of Arkansas. 1666. F. Jackson is a current Robot Operator employed at the Russellville Plant. His tenure began on February 27, 2012. F. Jackson was also employed as a Line Server during the statute of limitations period. 1667. F. Jackson has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1668. Plaintiff Paul Jackson ("P. Jackson") is a citizen and resident of the County of Pope in the State of Arkansas. 1669. P. Jackson is a current Processor employed at the Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. Page 191 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 192 of 301 P. Jackson was also employed as a Back Up Lead during the statute of Limitations Period. 1670. P. Jackson has always been a member of a union during the period of time covered by the applicable statute of limitations. 1671. Plaintiff Lori James ("L. James") is a citizen and resident of the County of Pope in the State of Arkansas. 1672. L. James is a current Processor employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1673. L. James has always been a member of a union during the period of time covered by the applicable statute of limitations. 1674. Plaintiff Jorge Jobel ("Jobel") is a citizen and resident of the County of Pope in the State of Arkansas. 1675. Jobel is a current Prep Worker employed in Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1676. Jobel has always been a member of a union during the period of time covered by the applicable statute of limitations. 1677. Plaintiff Clinton Jones ("Clinton Jones") is a citizen and resident of the County of Pope in the State of Arkansas. 1678. Clinton Jones is a present Mechanic employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Page 192 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 193 of 301 1679. Clinton Jones has always been a member of a union during the period of time covered by the applicable statute of limitations. 1680. Upon information and belief, Plaintiff Cristy Jones ("Cristy Jones") is a citizen and resident of the County of Yell in the State of Arkansas. 1681. Upon information and belief, Cristy Jones worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April24, 2009. 1682. Upon information and belief, Cristy Jones was not always a member of a union during the period of time covered by the applicable statute of limitations. 1683. Upon information and belief, Plaintiff Bernabe Javel ("Javel") is a citizen and resident of the County of Pope in the State of Arkansas, 1684. Upon information and belief, Javel worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. 1685. Upon information and belief, Javel was not always a member of a union during the period of time covered by the applicable statute of limitations. 1686. Upon information and belief, Plaintiff Cecil Keith ("Keith") is a citizen and resident of the County of Pope in the State of Arkansas. 1687. Upon information and belief, Keith worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April24, 2009. 1688. Upon information and belief, Keith was not always a member of a union during the period of time covered by the applicable statute of limitations. 1689. Plaintiff Daniel Kelley ("Kelley") is a citizen and resident of the County of Pope in the State of Arkansas. Page 193 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 194 of 301 1690. Kelley is currently employed in the position of Lead at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1691. Kelley has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1692. Plaintiff Dustin Kemp ("Kemp") is a citizen and resident of the County of Pope in the State of Arkansas. 1693. Upon information and belief, Kemp was a Line Service Worker employed at the Russellville Plant at some time after April24, 2009. 1694. Kemp was not always a member of a union during the period of time covered by the applicable statute of limitations. 1695. Plaintiff Lemuel Keys ("Keys") is a citizen and resident of the County of Yell in the State of Arkansas. 1696. Keys is a current Line Server employed at Defendant's Russellville Plant. His tenure began on or about September 21, 2010. 1697. Keys has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1698. Plaintiff Reba King ("King") is a citizen and resident of the County of Pope in the State of Arkansas. 1699. King is presently employed as a Lead in Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Page 194 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 195 of 301 1700. King has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1701. Plaintiff Shereacia Kinnon ("Kinnon") is a citizen and resident of the County of Pope in the State of Arkansas. 1702. Kinnon is a present Lead Worker employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Kinnon was also employed as an Operator during the statute of limitations period. 1703. Kinnon has always been a member of a union during the period of time covered by the applicable statute of limitations. 1704. Plaintiff Christina Kugler ("Kugler'') is a citizen and resident of the County of Yell in the State of Arkansas. 1705. Kugler is a present Palletizer Operator employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1706. Kugler has always been a member of a union during the period of time covered by the applicable statute of limitations. 1707. Plaintiff Omar Lagos ("0. Lagos") is a citizen and resident of the County of Pope in the State of Arkansas. 1708. 0. Lagos is a present Operator employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Page 195 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 196 of 301 1709. 0. Lagos has always been a member of a union during the period of time covered by the applicable statute of limitations. 1710. Upon information and belief, Plaintiff Roxana Lagos ("R. Lagos") is a citizen and resident of the County of Pope in the State of Arkansas. 1711. Upon information and belief, R. Lagos worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. 1712. Upon information and belief, R. Lagos was not always a member of a union during the period of time covered by the applicable statute of limitations. 1713. Plaintiff Charles Lane ("Lane") is a citizen and resident of the County of Pope in the State of Arkansas. 1714. Lane is a present Sanitor employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1715. Lane has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1716. Plaintiff DeAnn Laymon ("D. Laymon") is a citizen and resident of the County of Pope in the State of Arkansas 1717. D. Laymon is presently employed as a Lead in Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1718. D. Laymon has always been a member of a union during the period of time covered by the applicable statute of limitations. Page 196 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 197 of 301 1719. Plaintiff Tony Laymon ("T. Laymon") is a citizen and resident of the County of Pope in the State of Arkansas. 1720. T. Laymon is currently employed in Production Maintenance at the Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. 1721. T. Laymon has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1722. Plaintiff Bobby Ledford, Jr. ("Ledford, Jr.") is a citizen and resident of the County of Pope in the State of Arkansas. 1723. Ledford, Jr., is a former Weigh Person and Operator II employed at the Russellville Plant. His tenure spanned from September 23, 1987, through July 3, 2012. 1724. Ledford, Jr., was not always a member of a union during the period of time covered by the applicable statute of limitations. 1725. Plaintiff Kimberly Lee ("K. Lee") is a citizen and resident of the County of Pope in the State of Arkansas. 1726. K. Lee is presently employed as a Fork Lift Driver in Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1727. K. Lee has not always been a member of a union during the period oftime covered by the applicable statute of limitations. 1728. Plaintiff William Lee ("W. Lee") is a citizen and resident of the County of Pope in the State of Arkansas. Page 197 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 198 of 301 1729. W. Lee is presently employed as a Lead in Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1730. W. Lee has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1731. Plaintiff Debra Lenhart ("Lenhart") is a citizen and resident of the County of Pope in the State of Arkansas. 1732. Lenhart is a current Pan Wash Operator employed at Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1733. Lenhart has always been a member of a union during the period of time covered by the applicable statute of limitations. 1734. Upon information and belief, Plaintiff Michael Level ("Level") is a citizen and resident of the County of Pope in the State of Arkansas. 1735. Upon information and belief, Level worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. 1736. Upon information and belief, Level was not always a member of a union during the period of time covered by the applicable statute of limitations. 1737. Upon information and belief, Plaintiff Miao-hua Lin ("Lin") is a citizen and resident of the County of Pope in the State of Arkansas. 1738. Upon information and belief, Lin worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. Page 198 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 199 of 301 1739. Upon information and belief, Lin was not always a member of a union during the period of time covered by the applicable statute of limitations. 1740. Plaintiff Johnny Litsey ("Litsey") is a citizen and resident of the County of Yell in the State of Arkansas. 1741. Litsey was formerly employed in the position of Operator Ill at the Russellville Plant. His tenure began on or about July 31, 2006, and it ended on or about June 23, 2010. Litsey was also employed in the positions of Fork Lift Driver and Prep Worker during the last three (3) years. 1742. Upon information and belief, Litsey was not always a member of a union during the period of time covered by the applicable statute of limitations. 1743. Plaintiff Jerrad Littrell ("Littrell") is a citizen and resident of the County of Pope in the State of Arkansas. 1744. Littrell is presently employed as a Line Server in Defendant's Russellville Plant. His tenure began on or about May 29, 2012. 1745. Littrell has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1746. Plaintiff Jose Loaeza ("Loaeza") is a citizen and resident of the County of Pope in the State of Arkansas. 1747. Loaeza is a current Operator Ill employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Loaeza was also employed in Prep and as a Bagger Operatore during the statute of limitations period. Page 199 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 200 of 301 1748. Loaeza has always been a member of a union during the period of time covered by the applicable statute of limitations. 1749. Plaintiff Garry Lopez ("Garry Lopez") is a citizen and resident of the County of Pope in the State of Arkansas. 1750. Garry Lopez is currently employed as a Processor in the Russellville Plant. Garry Lopez was also employed in Extra Board Prep and Line Service during the last three (3) years. 1751. Garry Lopez has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1752. Plaintiff Gloria Lopez ("Gloria Lopez") is a citizen and resident of the County of Pope in the State of Arkansas. 1753. Gloria Lopez is currently employed as a Processor in the Russellville Plant. Her tenure began on or about June 1, 2011. 1754. Gloria Lopez has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1755. Plaintiff Richard Love, Sr., ("Love, Sr.") is a citizen and resident of the County of Perry in the State of Arkansas, 1756. Love, Sr. was formerly employed in Production Maintenance at Defendant's Russellville Plant. His tenure began on or about May 21, 2001, and it ended on or about January 15, 2010. 1757. Love, Sr. was always a member of a union during the period of time covered by the applicable statute of limitations. Page 200 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 201 of 301 1758. Plaintiff Leslie Loveland ("Loveland") is a citizen and resident of the County of Pope in the State of Arkansas. 1759. Loveland is a present Maintenance Mechanic employed at the Russellville Plant. Loveland's tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1760. Loveland has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1761. Plaintiff Abdon Lozano, Jr. ("Lozano, Jr.") is a citizen and resident of the County of Pope in the State of Arkansas. 1762. Upon information and belief, Lozano, Jr. is currenty employed as a Line Server in Defendant's Russellville Plant. His tenure began in August, 2010. Lozano, Jr. was also employed as a Case Packer, Processor, and Processor Operator during the statute of limitations period. 1763. Lozano, Jr. has always been a member of a union during the period of time covered by the applicable statute of limitations. 1764. Plaintiff Mario Lozano ("M. Lozano") is a citizen and resident of the County of Pope in the State of Arkansas. 1765. Upon information and belief, M. Lozano is a former Prep Worker employed at the Russellville Plant at some time after April 24, 2009. 1766. M. Lozano was not always a member of a union during the period of time covered by the applicable statute of limitations. 1767. Plaintiff Pamela Lute ("Lute") is a citizen and resident of the County of Pope in the State of Arkansas. Page 201 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 202 of 301 1768. Lute is presently employed in the position of Machine Operator at Defendant's Russellville Plant. Her tenure began prior to the three (3) years immediately preceding the filing of this action. 1769. Lute has always been a member of a union during the period of time covered by the applicable statute of limitations. 1770. Plaintiff Reina Marcos ("Marcos") is a citizen and resident of the County of Pope in the State of Arkansas. 1771. Marcos is a present Extra Board employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1772. Marcos has always been a member of a union during the period of time covered by the applicable statute of limitations. 1773. Upon information and belief, Plaintiff Rosa Mares ("R. Mares") is a citizen and resident of the County of Pope in the State of Arkansas. 1774. Upon information and belief, R. Mares worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. 1775. Upon information and belief, R. Mares was not always a member of a union during the period of time covered by the applicable statute of limitations. 1776. Upon information and belief, Plaintiff Carolina Martinez ("Carolina Martinez") is a citizen and resident of the County of Yell in the State of Arkansas. Page 202 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 203 of 301 1777. Upon information and belief, Carolina Martinez worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. 1778. Upon information and belief, Carolina Martinez was not always a member of a union during the period of time covered by the applicable statute of limitations. 1779. Upon information and belief, Plaintiff Felipe Martinez ("F. Martinez") is a citizen and resident of the County of Yell in the State of Arkansas. 1780. Upon information and belief, F. Martinez worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. 1781. Upon information and belief, F. Martinez was not always a member of a union during the period of time covered by the applicable statute of limitations. 1782. Plaintiff Rosa Martinez ("R. Martinez") is a citizen and resident of the County of Yell in the State of Arkansas. 1783. R. Martinez is currently employed in Production Maintenance in the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1784. R. Martinez has always been a member of a union during the period of time covered by the applicable statute of limitations. 1785. Plaintiff Santiago Martinez ("Santiago Martinez") is a citizen and resident of the County of Yell in the State of Arkansas. Page 203 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 204 of 301 1786. Santiago Martinez is presently employed as a Line Server in Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1787. Santiago Martinez has always been a member of a union during the period of time covered by the applicable statute of limitations. 1788. Plaintiff Saul Martinez ("Saul Martinez") is a citizen and resident of the County of Yell in the State of Arkansas. 1789. Saul Martinez is a current Line Server employed at Defendant's Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. 1790. Saul Martinez has always been a member of a union during the period of time covered by the applicable statute of limitations. 1791. Plaintiff Raquiel Masters ("Masters") is a citizen and resident of the County of Pope in the State of Arkansas. 1792. Masters is a present Processor employed at the Russellville Plant. Masters's tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1793. Masters has always been a member of a union during the period of time covered by the applicable statute of limitations. 1794. Plaintiff Sandra Mata ("Mata") is a citizen and resident of the County of Pope in the State of Arkansas. Page 204 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 205 of 301 1795. Mata is a present Operator Ill employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1796. Mata has always been a member of a union during the period of time covered by the applicable statute of limitations. 1797. Plaintiff Barbara Matthews ("B. Matthews") is a citizen and resident of the County of Perry in the State of Arkansas. 1798. B. Matthews was formerly employed as a Processor at the Russellville Plant. Her tenure began on or about February of 1994, and it ended on or about February, 2011. B. Matthews was also employed as a Line Server during the statute of limitations period. 1799. B. Matthews was not always a member of a union during the period of time covered by the applicable statute of limitations. 1800. Plaintiff Earl Matthews ("E. Matthews") is a citizen and resident of the County of Perry in the State of Arkansas. 1801. E. Matthews was formerly employed as a Plate Freezer Operator in Defendant's Russellville Plant. His tenure began on or about August 23, 1994, and it ended in 2011. E. Matthews was also employed as a Line Server during the statute of limitations period. 1802. E. Matthews was not always a member of a union during the period of time covered by the applicable statute of limitations. 1803. Plaintiff Melvin Maxwell ("Maxwell") is a citizen and resident of the County of Pope in the State of Arkansas. Page 205 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 206 of 301 1804. Maxwell is a former Fork Lift Operator employed at the Russellville Plant. His tenure spanned from October 23, 2011, through January of 2011. 1805. Maxwell was always a member of a union during the period of time covered by the applicable statute of limitations. 1806. Plaintiff Emerita May ("May") is a citizen and resident of the County of Yell in the State of Arkansas. 1807. May is presently employed as a Processor in the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1808. May has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1809. Plaintiff Carla McAlister ("McAlister") is a citizen and resident of the County of Pope in the State of Arkansas. 1810. McAlister is a currently employed in Shift Lead Receiving at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. McAlister was also employed as a Lead in Crock Pot and a Fork Lift Operator during the statute of limitations period. 1811. McAlister has always been a member of a union during the period of time covered by the applicable statute of limitations 1812. Plaintiff Cheryl McGee ("McGee") is a citizen and resident of the County of Pope in the State of Arkansas. Page 206 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 207 of 301 1813. McGee is a present Fry Bake Specialist employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1814. McGee has always been a member of a union during the period of time covered by the applicable statute of limitations. 1815. Plaintiff Angela McVey ("McVey") is a citizen and resident of the County of Yell in the State of Arkansas. 1816. McVey is a present Processor employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1817. McVey has always been a member of a union during the period of time covered by the applicable statute of limitations. 1818. Plaintiff Velma Meadows ("Meadows") is a citizen and resident of the County of Pope in the State of Arkansas. 1819. Meadows is a present Quality Control Worker and Lab Tech employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1820. Meadows has always been a member of a union during the period of time covered by the applicable statute of limitations. 1821. Plaintiff lneda Meimerstorf ("Meimerstorf') is a citizen and resident of the County of Pope in the State of Arkansas. 1822. Meimerstorf was formerly employed in Weight Control at Defendant's Russellville Plant. Her first period of tenure began on or about April of 1968, and it Page 207 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 208 of 301 ended on or about October, 1976. Meimerstorfs second period of tenure began on or about April of 1978, and it ended on or about September 18, 2009. 1823. Upon information and belief, Meimerstorf was not always a member of a union during the period of time covered by the applicable statute of limitations. 1824. Plaintiff Edwin Melgar ("Melgar") is a citizen and resident of the County of Pope in the State of Arkansas. 1825. Melgar is a present Line Server employed at the Russellville Plant. His tenure has spanned from August 30, 2010, through the present. 1826. Melgar has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1827. Plaintiff Joseph Melton ("J. Melton") is a citizen and resident of the County of Pope in the State of Arkansas. 1828. Melton is a present Operator II employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1829. Melton has always been a member of a union during the period of time covered by the applicable statute of limitations. 1830. Plaintiff Joyce Metz ("Metz") is a citizen and resident of the County of Pope in the State of Arkansas. 1831. Metz is a present Production Lead employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Page 208 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 209 of 301 1832. Metz has always been a member of a union during the period of time covered by the applicable statute of limitations. 1833. Plaintiff Diana Misener ("Misener") is a citizen and resident of the County of Yell in the State of Arkansas. 1834. Misener is a former Production Lead employed at the Russellville Plant. Her tenure lasted from March 27, 2006, through approximately October 10, 2010. 1835. Misener has always been a member of a union during the period of time covered by the applicable statute of limitations. 1836. Plaintiff Sandra Molloy ("Molloy") is a citizen and resident of the County of Pope in the State of Arkansas. 1837. Molloy is a present Sanitation Worker employed at the Russellville Plant. Her tenure has spanned from November 30, 2009, through the present. 1838. Molloy has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1839. Plaintiff Teresa Monteleone ("T. Monteleone") is a citizen and resident of the County of Pope in the State of Arkansas. 1840. T. Monteleone is a former Processor employed at the Russellville Plant. Her tenure spanned from October 12, 1993, through November 9, 2009. 1841. T. Monteleone was not always a member of a union during the period of time covered by the applicable statute of limitations. 1842. Upon information and belief, Plaintiff Lourdes Montesinos ("Montesinos") is a citizen and resident of the County of Pope in the State of Arkansas. Page 209 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 210 of 301 1843. Upon information and belief, Montesinos worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April24, 2009. 1844. Upon information and belief, Montesinos was not always a member of a union during the period of time covered by the applicable statute of limitations. 1845. Plaintiff Martha Montoya ("M. Montoya") is a citizen and resident of the County of Pope in the State of Arkansas. 1846. M. Montoya is currently employed as a Processor at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. M. Montoya was also employed as a Freezer Operator during the statute of limitations period, 1847. M. Montoya has always been a member of a union during the period of time covered by the applicable statute of limitations. 1848. Plaintiff Silvestre Montoya ("S. Montoya") is a citizen and resident of the County of Pope in the State of Arkansas. 1849. Upon information and belief, S. Montoya worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. 1850. Upon information and belief, S. Montoya was not always a member of a union during the period of time covered by the applicable statute of limitations. 1851. Plaintiff Samuel Moore ("S. Moore") is a citizen and resident of the County of Yell in the State of Arkansas. Page 21 0 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 211 of 301 1852. S. Moore is presently employed as a Mechanic in Defendant's Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. 1853. S. Moore has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1854. Plaintiff Terry Moore ("T. Moore") is a citizen and resident of the County of Pope in the State of Arkansas. 1855. T. Moore is a current Fork Lift Driver employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1856. T. Moore has always been a member of a union during the period of time covered by the applicable statute of limitations. 1857. Plaintiff Gilberta Morales ("G. Morales") is a citizen and resident of the County of Yell in the State of Arkansas. 1858. G. Morales is a current Line Server employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1859. G. Morales has always been a member of a union during the period of time covered by the applicable statute of limitations. 1860. Plaintiff Jason Morales ("Jason Morales") is a citizen and resident of the County of Pope in the State of Arkansas. 1861. Jason Morales is a present Fork Lift Operator employed at the Russellville Plant. His tenure has spanned from May 28, 2012, through the present. Page 211 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 212 of 301 1862. Jason Morales has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1863. Plaintiff Jose Morales-Herrera ("Morales-Herrera") is a citizen and resident of the County of Pope in the State of Arkansas. 1864. Morales-Herrera is presently employed as a Fork Lift Driver in Defendant's Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. 1865. Morales-Herrera has always been a member of a union during the period of time covered by the applicable statute of limitations. 1866. Plaintiff Sherry Morell ("Morell") is a citizen and resident of the County of Yell in the State of Arkansas. 1867. Morell is a current Lead employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Morell was also employed as a Weight Person during the statute of limitations period. 1868. Morell has always been a member of a union during the period of time covered by the applicable statute of limitations. 1869. Plaintiff Samuel Morgan ("Morgan") is a citizen and resident of the County of Yell in the State of Arkansas. 1870. Morgan is presently employed in Production Maintenance at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Page 212 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 213 of 301 1871. Morgan has always been a member of a union during the period of time covered by the applicable statute of limitations. 1872. Plaintiff Angela Moro ("Moro") is a citizen and resident of the County of Yell in the State of Arkansas. 1873. Moro is a former Prep Cook and Fork Lift Operator employed at the Russellville Plant. Her tenure spanned from September of 2007 through January of 2010. 1874. Moro was always a member of a union during the period of time covered by the applicable statute of limitations. 1875. Plaintiff Rhonda Morris ("Morris") is a citizen and resident of the County of Bexar in the State of Texas. 1876. Morris is a former Sanitor and Prep Worker employed at the Russellville Plant. Her tenure spanned from November 27, 2007, through December 21, 2012. 1877. Morris was always a member of a union during the period of time covered by the applicable statute of limitations. 1878. Plaintiff Amanda Morse ("Morse") is a citizen and resident of the County of Pope in the State of Arkansas. 1879. Morse is presently employed as a Fry Bake Specialist in Defendant's Russellville Plant. Her tenure began before the three (3) years immediately preceding the filing of this action. 1880. Morse has always been a member of a union during the period of time covered by the applicable statute of limitations. Page 213 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 214 of 301 1881. Plaintiff Katie Moss ("Moss") is a citizen and resident of the County of Pope in the State of Arkansas. 1882. Moss is a present Start Up Lead and Pasta Prep Lead employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Moss was also employed as a Utility Prep during the statute of limitations period. 1883. Moss has always been a member of a union during the period of time covered by the applicable statute of limitations. 1884. Plaintiff Mary Moten ("Moten") is a citizen and resident of the County of Conway in the State of Arkansas. 1885. Moten is a present Fry Bake Specialist employed at the Russellville Plant. Her tenure has spanned from January 1, 2012, through the present. 1886. Moten has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1887. Plaintiff Bill Moulder ("Moulder") is a citizen and resident of the County of Pope in the State of Arkansas. 1888. Moulder is a present Maintenance Stock Room Worker employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1889. Moulder has always been a member of a union during the period of time covered by the applicable statute of limitations. 1890. Plaintiff Christopher Myers ("Myers") is a citizen and resident of the County of Yell in the State of Arkansas. Page 214 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 215 of 301 1891. Myers is a former Boiler and Refrigeration Mechanic employed at the Russellville Plant. His tenure has spanned from May 27, 2006 through September 21, 2012. 1892. Myers has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1893. Plaintiff Amanda Navarrete ("A. Navarrete") is a citizen and resident of the County of Yell in the State of Arkansas. 1894. A. Navarrete is a former Processor employed at the Russellville Plant. Her tenure spanned from April4, 2011, through July 1, 2011. 1895. A. Navarrete was not always a member of a union during the period of time covered by the applicable statute of limitations. 1896. Plaintiff Jose Navarrete ("J. Navarrete") is a citizen and resident of the County of Pope in the State of Arkansas. 1897. J. Navarrete is a present Prep Worker employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1898. J. Navarrete has always been a member of a union during the period of time covered by the applicable statute of limitations. 1899. Plaintiff Sylvia Navarrete ("S. Navarrete") is a citizen and resident of the County of Pope in the State of Arkansas. 1900. S. Navarrete is a present Processor and Back Up Operator employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Page 215 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 216 of 301 1901. S. Navarrete has always been a member of a union during the period of time covered by the applicable statute of limitations. 1902. Plaintiff Jose Navarro ("Navarro") is a citizen and resident of the County of Pope in the State of Arkansas. 1903. Navarro is a former Prep Worker employed at the Russellville Plant. His tenure spanned from August of 2005 through August of 2010. 1904. Navarro was always a member of a union during the period of time covered by the applicable statute of limitations. 1905. Plaintiff Eric Neaterous ("Neaterous") is a citizen and resident of the County of Pope in the State of Arkansas. 1906. Neaterous is currently employed as a Processor at Defendant's Russellville Plant. His tenure began on or about April 20, 2010. Neaterous was also employed as a Line Server during the statute of limitations period. 1907. Neaterous has always been a member of a union during the period of time covered by the applicable statute of limitations. 1908. Upon information and belief, Plaintiff Janice Needham ("Needham") is a citizen and resident of the County of Logan in the State of Arkansas. 1909. Upon information and belief, Needham worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. 1910. Upon information and belief, Needham was not always a member of a union during the period of time covered by the applicable statute of limitations. Page 216 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 217 of 301 1911. Plaintiff Michael Neumeier ("Neumeier") is a citizen and resident of the County of Pope in the State of Arkansas. 1912. Neumeier is a present Fork Lift Operator employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1913. Neumeier has always been a member of a union during the period of time covered by the applicable statute of limitations. 1914. Plaintiff Alan Newby ("Newby") is a citizen and resident of the County of Pope in the State of Arkansas. 1915. Newby is currently employed as a DL Prep at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Newby was also employed as an Extra Board Prep during the statute of limitations period. 1916. Newby has always been a member of a union during the period of time covered by the applicable statute of limitations. 1917. Plaintiff Stan Nichols ("Nichols") is a citizen and resident of the County of Pope in the State of Arkansas. 1918. Nichols is a present Fork Lift Operator employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Nichols was also employed as a Production Machine Operator during the statute of limitations period. 1919. Nichols has always been a member of a union during the period of time covered by the applicable statute of limitations. Page 217 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.O.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 218 of 301 1920. Plaintiff Erica Nieto ("Nieto") is a citizen and resident of the County of Pope in the State of Arkansas. 1921. Nieto is currently employed as a Processor Operator in the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Nieto was also employed in the positions of Prep Bagger, Operator, and Processor during the statute of limitations period. 1922. Nieto has always been a member of a union during the period of time covered by the applicable statute of limitations. 1923. Plaintiff Jimmie Noah ("Noah") is a citizen and resident of the County of Pope in the State of Arkansas. 1924. Noah is a present Sanitation Worker employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Noah was also employed as a Line Server during the statute of limitations period. 1925. Noah has always been a member of a union during the period of time covered by the applicable statute of limitations. 1926. Plaintiff Karen Noble ("Noble") is a citizen and resident of the County of Pope in the State of Arkansas. 1927. Noble is a current Quality Control Tech employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1928. Noble has always been a member of a union during the period of time covered by the applicable statute of limitations. Page 218 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 219 of 301 1929. Plaintiff Sabrina O'Briant ("S. O'Briant") is a citizen and resident of the County of Pope in the State of Arkansas. 1930. S. O'Briant was formerly employed as a Lead at Defendant's Russellville Plant. Her tenure began on or about June 9, 1984, and it ended on or about August 24, 2010. 1931. Upon information and belief, S. O'Briant was not always a member of a union during the period of time covered by the applicable statute of limitations. 1932. Upon information and belief, Plaintiff David O'Neal ("O'Neal") is a citizen and resident of the County of Pope in the State of Arkansas. 1933. Upon information and belief, O'Neal worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. 1934. Upon information and belief, O'Neal was not always a member of a union during the period of time covered by the applicable statute of limitations. 1935. Plaintiff Germanus Orndorff, Ill, ("Orndorff') is a citizen and resident of the County of Pope in the State of Arkansas. 1936. Orndorff is a current Master Mechanic employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Orndorff was also employed as a Fork Lift Operator during the statute of limitations period. 1937. Orndorff has not always been a member of a union during the period of time covered by the applicable statute of limitations. Page 219 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 220 of 301 1938. Plaintiff Maria Ortiz ("Ortiz") is a citizen and resident of the County of Yell in the State of Arkansas. 1939. Ortiz is a former Sanitation Worker and Processor employed at the Russellville Plant. Her tenure spanned from November 21, 2005, through some time in 2011. 1940. Upon information and belief, Ortiz was not always a member of a union during the period of time covered by the applicable statute of limitations. 1941. Plaintiff Celia Osorio ("Osorio") is a citizen and resident of the County of Pope in the State of Arkansas. 1942. Osorio is a former production, maintenance, and/or sanitation worker employed at the Russellville Plant. Her tenure has spanned from June 18, 2007 through July 20, 2010. 1943. Osorio was always a member of a union during the period of time covered by the applicable statute of limitations. 1944. Upon information and belief, Plaintiff Austin Padgett ("Padgett") is a citizen and resident of the County of Pope in the State of Arkansas. 1945. Upon information and belief, Padgett worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. 1946. Upon information and belief, Padgett was not always a member of a union during the period of time covered by the applicable statute of limitations. 1947. Plaintiff Victor Padilla-Rivera ("Padilla-Rivera") is a citizen and resident of the County of Yell in the State of Arkansas. Page 220 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 221 of 301 1948. Padilla-Rivera is a present Line Server employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1949. Padilla-Rivera has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1950. Plaintiff Zolaida Palacios ("Palacios") is a citizen and resident of the County of Pope in the State of Arkansas. 1951. Palacios is a current Sanitor employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Palacios was also employed as a Process Operator during the statute of limitations period. 1952. Palacios has always been a member of a union during the period of time covered by the applicable statute of limitations. 1953. Plaintiff Betty Palmer ("Palmer") is a citizen and resident of the County of Pope in the State of Arkansas. 1954. Palmer is presently employed as a Lead at Defendant's Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Palmer was also employed as a Sanitor during the statute of limitations period. 1955. Palmer has always been a member of a union during the period of time covered by the applicable statute of limitations. 1956. Plaintiff Juan Parada ("Parada") is a citizen and resident of the County of Yell in the State of Arkansas. Page 221 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 222 of 301 1957. Parada is a present Prep Worker employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1958. Upon information and belief, Parada has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1959. Plaintiff Leslie Paredes ("Paredes") is a citizen and resident of the County of Pope in the State of Arkansas. 1960. Paredes is a former Sanitor and Process Operator employed at the Russellville Plant. Her tenure spanned from October 2005 through June of 2009. 1961. Upon information and belief, Paredes has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1962. Plaintiff Carolyn Parrish ("Parrish") is a citizen and resident of the County of Yell in the State of Arkansas. 1963. Parrish is a current Production Worker Processor employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1964. Parrish has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1965. Plaintiff David Paz ("D. Paz") is a citizen and resident of the County of Pope in the State of Arkansas. 1966. D. Paz is a current Sanitation employee employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately Page 222 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 223 of 301 preceding the filing of this action. D. Paz was also employed as a Process Operator (RMO) during the statute of limitations period. 1967. D. Paz has always been a member of a union during the period of time covered by the applicable statute of limitations. 1968. Plaintiff Sherry Pearce ("Pearce") is a citizen and resident of the County of Pope in the State of Arkansas. 1969. Pearce is a present Production Worker employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1970. Pearce has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1971. Plaintiff Bobby Pearson ("Pearson") is a citizen and resident of the County of Pulaski in the State of Arkansas. 1972. Pearson is a former Utility Prep employed at the Russellville Plant. His tenure spanned a period from prior to the three (3) years immediately preceding the filing of this action through June of 2010. 1973. Upon information and belief, Pearson was not always a member of a union during the period of time covered by the applicable statute of limitations. 1974. Plaintiff Jimmy Pease ("J. Pease") is a citizen and resident of the County of Pope in the State of Arkansas. 1975. J. Pease is a current Line Server employed in the Russellville Plant. His tenure began on or about August 30, 2010. Page 223 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 224 of 301 1976. J. Pease has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1977. Plaintiff Rena Pendergraft ("R. Pendergraft") is a citizen and resident of the County of Pope in the State of Arkansas. 1978. R. Pendergraft is currently employed as a Processor at the Russellville Plant. Her tenure began prior to the three (3) years immediately preceding the filing of this action. 1979. R. Pendergraft has always been a member of a union during the period of time covered by the applicable statute of limitations. 1980. Plaintiff Ronnie Peoples ("Peoples") is a citizen and resident of the County of Pope in the State of Arkansas. 1981. Peoples is a former Pipe Employee and Sanitation Worker employed at the Russellville Plant. His tenure spanned from October of 1995 through May 1, 2012. 1982. Peoples was not always a member of a union during the period of time covered by the applicable statute of limitations. 1983. Plaintiff Lynn Phipps ("Phipps") is a citizen and resident of the County of Pope in the State of Arkansas. 1984. Phipps is a present Processor employed at the Russellville Plant. Phipps's tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1985. Phipps has always been a member of a union during the period of time covered by the applicable statute of limitations. Page 224 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.O.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 225 of 301 1986. Plaintiff Sharon Phillips ("Phillips") is a citizen and resident of the County of Pope in the State of Arkansas. 1987. Phillips is a current Processor Extra Board employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 1988. Phillips has always been a member of a union during the period of time covered by the applicable statute of limitations. 1989. Plaintiff Jeremy Pierce ("Pierce") is a citizen and resident of the County of Yell in the State of Arkansas 1990. Pierce is a present Maintenance Worker employed at the Russellville Plant. His tenure has spanned from April 20, 2010, through the present. Pierce was also employed as a Production Worker during the statute of limitations period. 1991. Pierce has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1992. Plaintiff Elenilson Ponce ("Ponce") is a citizen and resident of the County of Yell in the State of Arkansas. 1993. Ponce is a former Mechanic and Line Service Prep employed at the Russellville Plant. Upon information and belief, Ponce's tenure spanned from 2005 through some time after April 24, 2009. 1994. Upon information and belief, Ponce has not always been a member of a union during the period of time covered by the applicable statute of limitations. 1995. Plaintiff Grant Poplin ("Poplin") is a citizen and resident of the County of Pope in the State of Arkansas. Page 225 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 226 of 301 1996. Poplin is a current Production Maintenance employee at the Russellville Plant. His tenure has spanned from November 19, 2007, through April 22, 2011, and from February 27, 2012, through the present. 1997. Poplin was not always a member of a union during the period of time covered by the applicable statute of limitations. 1998. Plaintiff Vickey Powell ("Powell") is a citizen and resident of the County of Pope in the State of Arkansas. 1999. Powell was formerly employed in the position of Fry Bake Specialist at the Russellville Plant. Her tenure began on or about September 10, 2000, and it ended on or about January 24, 2010. Powell was also employed in the positions of Back-Up Lead and Weigh Person during the statute of limitations period. 2000. Powell was always a member of a union during the period of time covered by the applicable statute of limitations period. 2001. Plaintiff Jack Proctor ("Proctor") is a citizen and resident of the County of Pope in the State of Arkansas. 2002. Proctor is a current B & R Mechanic employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2003. Proctor has not always been a member of a union during the period of time covered by the applicable statute of limitations. 2004. Plaintiff Lacey Qualls ("L. Qualls") is a citizen and resident of the County of Pope in the State of Arkansas. Page 226 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 227 of 301 2005. L. Qualls is a current Weights employee at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. L. Qualls was also employed as a Processor Line Server, Palletizer, Sanitor, and Fork Lift Operator during the statute of limitations period. 2006. L. Qualls has always been a member of a union during the period of time covered by the applicable statute of limitations. 2007. Plaintiff Billy Ralls, Jr., ("Ralls, Jr.") is a citizen and resident of the County of Pope in the State of Arkansas. 2008. Ralls, Jr., is a current Shipping Fork Lift Driver employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2009. Ralls, Jr., has not always been a member of a union during the period of time covered by the applicable statute of limitations. 2010. Plaintiff Brenda Ramirez ("B. Ramirez") is a citizen and resident of the County of Pope in the State of Arkansas. 2011. B. Ramirez is currently employed as a Processor in the Russellville Plant. Her tenure began prior to the three (3) years immediately preceding the filing of this action, 2012. B. Ramirez has always been a member of a union during the period of time covered by the applicable statute of limitations. 2013. Plaintiff Osmin Ramirez ("0. Ramirez") is a citizen and resident of the County of Pope in the State of Arkansas. Page 227 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 228 of 301 2014. 0. Ramirez is a present Sanitation Worker employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2015. 0. Ramirez has always been a member of a union during the period of time covered by the applicable statute of limitations. 2016. Plaintiff Rafael Ramirez ("R. Ramirez") is a citizen and resident of the County of Pope in the State of Arkansas. 2017. R. Ramirez is a present Line Service Worker employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2018. R. Ramirez has always been a member of a union during the period of time covered by the applicable statute of limitations. 2019. Plaintiff Jeff Rappe ("Rappe") is a citizen and resident of the County of Pope in the State of Arkansas. 2020. Rappe is currently employed as a Scale Operator at Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2021. Rappe has not always been a member of a union during the period of time covered by the applicable statute of limitations period. 2022. Upon information and belief, Plaintiff Teresa Rauda ("Rauda") is a citizen and resident of the County of Pope in the State of Arkansas, 2023. Upon information and belief, Rauda worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. Page 228 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 229 of 301 2024. Upon information and belief, Rauda was not always a member of a union during the period of time covered by the applicable statute of limitations. 2025. Plaintiff Katharina Reed ("Reed") is a citizen and resident of the County of Pope in the State of Arkansas. 2026. Reed is a present Sanitor employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2027. Upon information and belief, Reed has not always been a member of a union during the period of time covered by the applicable statute of limitations. 2028. Plaintiff Filemon Rendon ("F. Rendon") is a citizen and resident of the County of Pope in the State of Arkansas. F. Rendon is also known as Filemon Rendon Maya. 2029. F. Rendon is a current Line Service Worker employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. F. Rendon was also employed as a Sanitation Worker during the statute of limitations period. 2030. Upon information and belief, F. Rendon has not always been a member of a union during the period of time covered by the applicable statute of limitations. 2031. Plaintiff Maria Rendon ("M. Rendon") is a citizen and resident of the County of Pope in the State of Arkansas. 2032. M. Rendon is a current Sanitation employee at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the Page 229 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 230 of 301 filing of this action. M. Rendon was also employed as a Processor during the statute of limitations period. 2033. M. Rendon has always been a member of a union during the period of time covered by the applicable statute of limitations. 2034. Plaintiff Elizabeth Reyes ("E. Reyes") is a citizen and resident of the County of Pope in the State of Arkansas. 2035. E. Reyes is presently employed as a Fork Lift Driver at the Russellville Plant. Her tenure began prior to the three (3) years immediately preceding the filing of this action. 2036. E. Reyes has always been a member of a union during the period of time covered by the applicable statute of limitations. 2037. Plaintiff Iris Reyes ("1. Reyes") is a citizen and resident of the County of Pope in the State of Arkansas. 2038. I. Reyes is a present Processor employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2039. I. Reyes has always been a member of a union during the period of time covered by the applicable statute of limitations. 2040. Plaintiff Jose Reyes ("J. Reyes") is a citizen and resident of the County of Pope in the State of Arkansas. 2041. J. Reyes is presently employed in the position of Line Server in the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Page 230 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 231 of 301 2042. J. Reyes has always been a member of a union during the period of time covered by the applicable statute of limitations. 2043. Plaintiff Lorenzo Reyes ("L. Reyes") is a citizen and resident of the County of Pope in the State of Arkansas. 2044. L. Reyes is currently employed as an Operator at Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2045. L. Reyes has always been a member of a union during the period of time covered by the applicable statute of limitations. 2046. Plaintiff Luis Reyes ("Luis Reyes") is a citizen and resident of the County of Yell in the State of Arkansas. 2047. Luis Reyes is a present Shipping Department Fork Lift Driver employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2048. Upon information and belief, Luis Reyes has not always been a member of a union during the period of time covered by the applicable statute of limitations. 2049. Plaintiff Maria Reyes ("Maria Reyes") is a citizen and resident of the County of Pope in the State of Arkansas. 2050. Maria Reyes is currently employed as a Processor at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2051. Maria Reyes has always been a member of a union during the period of time covered by the applicable statute of limitations. Page 231 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 232 of 301 2052. Upon information and belief, Plaintiff Maria C. Reyes ("Maria C. Reyes") is a citizen and resident of the County of Pope in the State of Arkansas. 2053. Upon information and belief, Maria C. Reyes worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April24, 2009. 2054. Upon information and belief, Maria C. Reyes was not always a member of a union during the period of time covered by the applicable statute of limitations. 2055. Plaintiff Francisco Reyna ("Reyna") is a citizen and resident of the County of Pope in the State of Arkansas. 2056. Reyna is presently employed as a Sanitor in Defendant's Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. 2057. Reyna has not always been a member of a union during the period of time covered by the applicable statute of limitations. 2058. Plaintiff William Richards ("Richards") is a citizen and resident o the County of Johnson in the State of Arkansas. 2059. Richards is currently employed as a Prep Worker at Defendant's Russellville Plant. His tenure has spanned a period longer than the three years immediately preceding the filing of this action. 2060. Richards has always been a member of a union during the period of time covered by the applicable statute of limitations. 2061. Plaintiff Rosalio Rivas ("R. Rivas") is a citizen and resident of the County of Pope in the State of Arkansas. Page 232 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 233 of 301 2062. R. Rivas is a present Lead Person employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. R. Rivas was also employed as a Fork Lift Operator, Line Server, and Operator Ill during the statute of limitations period. 2063. R. Rivas has always been a member of a union during the period of time covered by the applicable statute of limitations. 2064. Plaintiff Francisco Rivera ("F. Rivera") is a citizen and resident of the County of Yell in the State of Arkansas. 2065. F. Rivera is a present Line Service Worker employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. F. Rivera was also employed as a Sanitation Worker during the statute of limitations period. 2066. F. Rivera has not always been a member of a union during the period of time covered by the applicable statute of limitations. 2067. Plaintiff Treva Roberds ("T. Roberds") is a citizen and resident of the County of Yell in the State of Arkansas. 2068. T. Roberds is a former Processor employed at the Russellville Plant. T. Roberds's tenure spanned from August 17, 1983 through April16, 2010. 2069. T. Roberds was not always a member of a union during the period of time covered by the applicable statute of limitations. 2070. Upon information and belief, Plaintiff William Roberds ("W. Roberds") is a citizen and resident of the County of Conway in the State of Arkansas. Page 233 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 234 of 301 2071. Upon information and belief, W. Roberds worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. 2072. Upon information and belief, W. Roberds was not always a member of a union during the period of time covered by the applicable statute of limitations. 2073. Plaintiff Jeremy Robinson ("Jeremy Robinson") is a citizen and resident of the County of Yell in the State of Arkansas. 2074. Jeremy Robinson is a present Cook employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Jeremy Robinson was also employed as a PML and Process Operator during the statute of limitations period. 2075. Jeremy Robinson has not always been a member of a union during the period of time covered by the applicable statute of limitations. 2076. Plaintiff Judy Robinson ("Judy Robinson") is a citizen and resident of the County of Pope in the State of Arkansas. 2077. Judy Robinson is a present former Quality Control Worker employed at the Russellville Plant. Her tenure spanned from May 30, 1989, through June 1, 2010. 2078. Judy Robinson was always a member of a union during the period of time covered by the applicable statute of limitations. 2079. Plaintiff Baldemar Robles ("Robles") is a citizen and resident of the County of Yell in the State of Arkansas. Page 234 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 235 of 301 2080. Robles is a present Prep Worker employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2081. Robles has not always been a member of a union during the period of time covered by the applicable statute of limitations. 2082. Upon information and belief, Plaintiff Katherine Rochell ("Rochell") is a citizen and resident of the County of Yell in the State of Arkansas. 2083. Upon information and belief, Rochell worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. 2084. Upon information and belief, Rochell was not always a member of a union during the period of time covered by the applicable statute of limitations. 2085. Upon information and belief, Plaintiff Peggy Rodriguez ("Peggy Rodriguez") is a citizen and resident of the County of Pope in the State of Arkansas. 2086. Upon information and belief, Peggy Rodriguez worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. 2087. Upon information and belief, Peggy Rodriguez was not always a member of a union during the period of time covered by the applicable statute of limitations. 2088. Plaintiff Jerome Roesler ("J. Roesler") is a citizen and resident of the County of Pope in the State of Arkansas. 2089. J. Roesler is a former maintenance worker employed at the Russellville Plant. His tenure has spanned from April of 2007 through May of 2008. Page 235 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 236 of 301 2090. J. Roesler has always been a member of a union during the period of time covered by the applicable statute of limitations. 2091. Plaintiff Michael Rogers ("M. Rogers") is a citizen and resident of the County of Yell in the State of Arkansas. 2092. M. Rogers is a present Receiving Worker employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2093. M. Rogers has always been a member of a union during the period of time covered by the applicable statute of limitations. 2094. Plaintiff Patricia Rogers ("P. Rogers") is a citizen and resident of the County of Pope in the State of Arkansas. 2095. P. Rogers is a present Sanitor employed at the Russellville Plant. Her tenure has spanned from May 31,2010, through the present. 2096. P. Rogers has not always been a member of a union during the period of time covered by the applicable statute of limitations. 2097. Plaintiff Pedro Rojas ("P. Rojas") is a citizen and resident of the County of Pope in the State of Arkansas. 2098. P. Rojas is a present Tailgate Driver employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. P. Rojas was also employed as a Warehouseman during the statute of limitations period. 2099. P. Rojas has not always been a member of a union during the period of time covered by the applicable statute of limitations. Page 236 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 237 of 301 2100. Plaintiff Ricardo Rojas ("R. Rojas") is a citizen and resident of the County of Pope in the State of Arkansas. 2101. R. Rojas is a former Line Feeder employed at the Russellville Plant. His tenure spanned from September of 2010 through August of 2011. 2102. R. Rojas was not always a member of a union during the period of time covered by the applicable statute of limitations. 2103. Plaintiff Eva Romero ("E. Romero") is a citizen and resident of the County of Pope in the State of Arkansas. 2104. E. Romero is a former Processor employed at the Russellville Plant. Her tenure spanned from July of 1987 through May 21,2010. 2105. E. Romero was always a member of a union during the period of time covered by the applicable statute of limitations. 2106. Plaintiff Idalia Romero ("1. Romero") is a citizen and resident of the County of Yell in the State of Arkansas. 2107. I. Romero is a current Sanitation Pipe employee employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. I. Romero was also employed as a Sanitation employee, Carton Machine Operator and Processor during the statute of limitations period. 2108. I. Romero has not always been a member of a union during the period of time covered by the applicable statute of limitations. 2109. Plaintiff Tomas Romero ("T. Romero") is a citizen and resident of the County of Pope in the State of Arkansas. Page 237 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 238 of 301 2110. T. Romero is a current Electrician employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2111. T. Romero has always been a member of a union during the period of time covered by the applicable statute of limitations. 2112. Plaintiff Linda Romine ("L. Romine") is a citizen and resident of the County of Pope in the State of Arkansas. 2113. L. Romine is a current Cook employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. L. Romine was also employed as a Weigh Person during the statute of limitations period. 2114. L. Romine has always been a member of a union during the period of time covered by the applicable statute of limitations. 2115. Plaintiff Shirley Romine ("S. Romine") is a citizen and resident of the County of Pope in the State of Arkansas. 2116. S. Romine is a former Operator II employed at the Russellville Plant. Her tenure spanned from October of 2006 through July of 2011. 2117. S. Romine has always been a member of a union during the period of time covered by the applicable statute of limitations. 2118. Plaintiff Mattie Romines ("Romines") is a citizen and resident of the County of Pope in the State of Arkansas. Page 238 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 239 of 301 2119. Romines is a current Processor employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2120. Romines has not always been a member of a union during the period of time covered by the applicable statute of limitations. 2121. Upon information and belief, Plaintiff Jose Ruiz ("Ruiz") is a citizen and resident of the County of Yell in the State of Arkansas. 2122. Upon information and belief, Ruiz worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. 2123. Upon information and belief, Ruiz was not always a member of a union during the period of time covered by the applicable statute of limitations. 2124. Plaintiff German Sanabria ("G. Sanabria") is a citizen and resident of the County of Yell in the State of Arkansas. 2125. G. Sanabria is a present Line Server employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2126. G. Sanabria has always been a member of a union during the period of time covered by the applicable statute of limitations. 2127. Plaintiff Marina Sanabria ("M. Sanabria") is a citizen and resident of the County of Yell in the State of Arkansas. 2128. M. Sanabria is a current Processor employed at the Russellville Plant. Her tenure has spanned from May 4, 2011 through the present. Page 239 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 240 of 301 2129. M. Sanabria has not always been a member of a union during the period of time covered by the applicable statute of limitations. 2130. Plaintiff Holly Sanchez ("H. Sanchez") is a citizen and resident of the County of Pope in the State of Arkansas. 2131. H. Sanchez is a Crock Pot Worker employed at the Russellville Plant. Her tenure spanned from June 18, 2007, through September 28, 2009. 2132. H. Sanchez has always been a member of a union during the period of time covered by the applicable statute of limitations. 2133. Plaintiff Frank Sears ("F. Sears") is a citizen and resident of the County of Pope in the State of Arkansas. 2134. F. Sears is a present Heat and Air Tech employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2135. F. Sears has always been a member of a union during the period of time covered by the applicable statute of limitations. 2136. Plaintiff Kristy Sears ("K. Sears") is a citizen and resident of the County of Pope in the State of Arkansas. 2137. K. Sears is a former Processor employed at the Russellville Plant. Her tenure spanned from October 23, 2006 through October 18, 2011. K. Sears was also employed as a Weight Personnel during the statute of limitations period. 2138. K. Sears was always been a member of a union during the period of time covered by the applicable statute of limitations. Page 240 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 241 of 301 2139. Upon information and belief, Plaintiff Rafael Segura ("Segura") is a citizen and resident of the County of Pope in the State of Arkansas. 2140. Upon information and belief, Segura worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. 2141. Upon information and belief, Segura was not always a member of a union during the period of time covered by the applicable statute of limitations. 2142. Upon information and belief, Plaintiff Gloria Shafer ("Shafer") is a citizen and resident of the County of Pope in the State of Arkansas. 2143. Upon information and belief, Shafer worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. 2144. Upon information and belief, Shafer was not always a member of a union during the period of time covered by the applicable statute of limitations. 2145. Plaintiff Rickey Shaffer ("Shaffer") is a citizen and resident of the County of Pope in the State of Arkansas. 2146. Shaffer is a current Maintenance Mechanic Level 6 Master employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Shaffer was also employed as a Maintenance Mechanic Level 5 Master during the statute of limitations period. 2147. Shaffer has not always been a member of a union during the period of time covered by the applicable statute of limitations. 2148. Plaintiff William Shelton ("Shelton") is a citizen and resident of the County of Pope in the State of Arkansas. Page 241 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 242 of 301 2149. Shelton is a present Process Operator employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2150. Shelton has always been a member of a union during the period of time covered by the applicable statute of limitations. 2151. Plaintiff Allen Siddall ("Siddall") is a citizen and resident of the County of Conway in the State of Arkansas. 2152. Siddall is presently employed as a Mechanic in Defendant's Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. 2153. Siddall has always been a member of a union during the period of time covered by the applicable statute of limitations. 2154. Plaintiff Emily Simmons ("Simmons") is a citizen and resident of the County of Pope in the State of Arkansas. 2155. Simmons is a present Sanitor employed at the Russellville Plant. Her tenure has spanned from September 7, 2010, through the present. Simmons was also employed as a Lead during the statute of limitations period. 2156. Simmons has not always been a member of a union during the period of time covered by the applicable statute of limitations. 2157. Plaintiff Kenneth Simpson ("Simpson") is a citizen and resident of the County of Pope in the State of Arkansas. 2158. Simpson was formerly employed as a production, maintenance, and/or sanitation worker at the Russellville Plant at some time after April 24, 2009. Page 242 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 243 of 301 2159. Simpson was not always a member of a union during the period of time covered by the applicable statute of limitations. 2160. Plaintiff Kathryn Sims ("Sims") is a citizen and resident of the County of Pope in the State of Arkansas. 2161. Sims was formerly employed as a Processor at the Russellville Plant. Her tenure began on or about June 9, 1984, and it ended on or about January 6, 2012. 2162. Sims was not always a member of a union during the period of time covered by the applicable statute of limitations. 2163. Plaintiff Mahogany Smith ("Mahogany Smith") is a citizen and resident of the County of Pope in the State of Arkansas. 2164. Mahogany Smith is a current Quality Control employee at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2165. Mahogany Smith has always been a member of a union during the period of time covered by the applicable statute of limitations. 2166. Plaintiff Preston Smith ("P. Smith") is a citizen and resident of the County of Johnson in the State of Arkansas. 2167. P. Smith is presently employed as a Fork Lift Driver in Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2168. P. Smith has always been a member of a union during the period of time covered by the applicable statute of limitations. Page 243 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 244 of 301 2169. Plaintiff Rheba Smith ("R. Smith") is a citizen and resident of the County of Pope in the State of Arkansas. 2170. R. Smith is a current Processor employed at the Russellville Plant. Her tenure has spanned from April 20, 2010, through the present. 2171. R. Smith has not always been a member of a union during the period of time covered by the applicable statute of limitations. 2172. Upon information and belief, Plaintiff James Snow ("Snow") is a citizen and resident of the County of Pope in the State of Arkansas. 2173. Upon information and belief, Snow worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. 2174. Upon information and belief, Snow was not always a member of a union during the period of time covered by the applicable statute of limitations. 2175. Plaintiff Gloria Snyder ("Snyder") is a citizen and resident of the County of Pope in the State of Arkansas. 2176. Snyder is a current Fork Lift Operator employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2177. Snyder has always been a member of a union during the period of time covered by the applicable statute of limitations. 2178. Upon information and belief, Plaintiff Rafael Sorto ("Sorto") is a citizen and resident of the County of Yell in the State of Arkansas. 2179. Upon information and belief, Sorto worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April24, 2009. Page 244 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 245 of 301 2180. Upon information and belief, Sorto was not always a member of a union during the period of time covered by the applicable statute of limitations. 2181. Plaintiff Frank Sosa ("Sosa") is a citizen and resident of the County of Yell in the State of Arkansas. 2182. Sosa is a present Fork Lift Operator employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2183. Sosa has always been a member of a union during the period of time covered by the applicable statute of limitations. 2184. Upon information and belief, Plaintiff Joseph South ("South") is a citizen and resident of the County of Pope in the State of Arkansas. 2185. Upon information and belief, South worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April24, 2009. 2186. Upon information and belief, South was not always a member of a union during the period of time covered by the applicable statute of limitations. 2187. Plaintiff Sandy Souvannakhot ("Souvannakhot") is a citizen and resident of the County of Pope in the State of Arkansas. 2188. Souvannakhot is a current Process Operator employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2189. Souvannakhot has not always been a member of a union during the period of time covered by the applicable statute of limitations. Page 245 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 246 of 301 2190. Plaintiff Terri Staggs ("Staggs") is a citizen and resident of the County of Pope in the State of Arkansas. 2191. Staggs is a current Fork Lift Operator employed at the Russellville Plant. Staggs's tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2192. Staggs has always been a member of a union during the period of time covered by the applicable statute of limitations. 2193. Plaintiff James Standridge ("Standridge") is a citizen and resident of the County of Pope in the State of Arkansas. 2194. Standridge is a current Sanitor employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2195. Upon information and belief, Standridge has not always been a member of a union during the period of time covered by the applicable statute of limitations. 2196. Upon information and belief, Plaintiff Bruce Stanley ("B. Stanley") is a citizen and resident of the County of Pope in the State of Arkansas. 2197. Upon information and belief, B. Stanley worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. 2198. Upon information and belief, B. Stanley was not always a member of a union during the period of time covered by the applicable statute of limitations. 2199. Upon information and belief, Plaintiff Rachelle Stanley ("R. Stanley") is a citizen and resident of the County of Pope in the State of Arkansas. Page 246 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 247 of 301 2200. Upon information and belief, R. Stanley worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. 2201. Upon information and belief, R. Stanley was not always a member of a union during the period of time covered by the applicable statute of limitations. 2202. Plaintiff Joseph Stevens ("Stevens") is a citizen and resident of the County of Pope in the State of Arkansas. 2203. Stevens is a former Freezer Operator employed at the Russellville Plant. His tenure spanned from August 31, 1987, through January 10, 2012. Stevens also held other production, maintenance, and/or sanitation worker positions during the statute of limitations period. 2204. Stevens was always a member of a union during the period of time covered by the applicable statute of limitations. 2205. Plaintiff Regina Stewart ("R. Stewart") is a citizen and resident of the County of Pope in the State of Arkansas. 2206. R. Stewart is a present Pre-Opt Quality Tech employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2207. R. Stewart has always been a member of a union during the period of time covered by the applicable statute of limitations. 2208. Plaintiff Dennis Stroud ("Stroud") is a citizen and resident of the County of Maricopa in the State of Arizona. Page 247 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 248 of 301 2209. Stroud is a former Maintenance Mechanic employed at the Russellville Plant. His tenure spanned from September 2, 2008, through August 25, 2012. 2210. Stroud was always a member of a union during the period of time covered by the applicable statute of limitations. 2211. Upon information and belief, Plaintiff Gregorio Suarez ("Suarez") is a citizen and resident of the County of Pope in the State of Arkansas. 2212. Upon information and belief, Suarez worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April24, 2009. 2213. Upon information and belief, Suarez was not always a member of a union during the period of time covered by the applicable statute of limitations. 2214. Plaintiff Jerry Swilley ("Swilley") is a citizen and resident of the County of Pope in the State of Arkansas. 2215. Swilley is a present Production Maintenance Worker employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2216. Swilley has always been a member of a union during the period of time covered by the applicable statute of limitations. 2217. Plaintiff Guadalupe Talamantes ("Talamantes") is a citizen and resident of the County of Pope in the State of Arkansas. 2218. Talamantes is a current Processor employed at the Russellville Plant. Talamantes's tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Page 248 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 249 of 301 2219. Talamantes has always been a member of a union during the period of time covered by the applicable statute of limitations. 2220. Upon information and belief, Plaintiff Linda Tanner ("L. Tanner") is a citizen and resident of the County of Pope in the State of Arkansas. 2221. Upon information and belief, L. Tanner worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. 2222. Upon information and belief, L. Tanner was not always a member of a union during the period of time covered by the applicable statute of limitations. 2223. Plaintiff Tina Tanner ("T. Tanner") is a citizen and resident of the County of Pope in the State of Arkansas. 2224. T. Tanner is a former processor employed at the Russellville Plant. Upon information and belief, her tenure spanned from 1993 through some time after April 24, 2009. 2225. T. Tanner was always a member of a union during the period of time covered by the applicable statute of limitations. 2226. Plaintiff Barbara Taurone ("Taurone") is a citizen and resident of the County of Pope in the State of Arkansas. 2227. Upon information and belief, Plaintiff Samantha Tavarez ("Tavarez") is a citizen and resident of the County of Pope in the State of Arkansas. 2228. Upon information and belief, Tavarez worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. Page 249 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 250 of 301 2229. Upon information and belief, Tavarez was not always a member of a union during the period of time covered by the applicable statute of limitations. 2230. Taurone is a present Quality Control Lab Tech employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Taurone was also employed as a Fork Lift Driver during the statute of limitations period. 2231. Taurone has not always been a member of a union during the period of time covered by the applicable statute of limitations. 2232. Plaintiff Paul Taylor ("P. Taylor") is a citizen and resident of the County of Pope in the State of Arkansas. 2233. P. Taylor was formerly employed as a Sanitation Worker at Defendant's Russellville Plant. His tenure began on or about January 3, 1978, and it ended on or about May 1, 2012. Upon information and belief, P. Taylor was also employed as a Pipe Employee during the statute of limitations period. 2234. P. Taylor was not always a member of a union during the period of time covered by the applicable statute of limitations period. 2235. Plaintiff Jaime Tejada ("Tejada") is a citizen and resident of the County of Pope in the State of Arkansas. 2236. Tejada is a present Utility Prep employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2237. Tejada has not always been a member of a union during the period of time covered by the applicable statute of limitations. Page 250 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 251 of 301 2238. Plaintiff Robert Templin ("Templin") is a citizen and resident of the County of Yell in the State of Arkansas. 2239. Templin is a former Pan Wash Operator and Sanitation Worker employed at the Russellville Plant. His tenure spanned from November 6, 2000, through March 11, 2011. Templin was also employed as a Processor, Fry Bake Worker, Cook, and Inspector during the statute of limitations period. 2240. Templin has always been a member of a union during the period of time covered by the applicable statute of limitations. 2241. Plaintiff Mary Tennison ("Mary Tennison") is a citizen and resident of the County of Pope in the State of Arkansas. 2242. Mary Tennison is currently employed as a Lead at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Mary Tennison was also employed as a Production Worker during the statute of limitations. 2243. Mary Tennison has not always been a member of a union during the period of time covered by the applicable statute of limitations. 2244. Plaintiff Michael Tennison ("Michael Tennison") is a citizen and resident of the County of Pope in the State of Arkansas. 2245. Michael Tennison is currently employed as a Sanitation Worker in Defendant's Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. Michael Tennison was also employed as a Production Worker during the statute of limitations period. Page 251 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 252 of 301 2246. Michael Tennison has not always been a member of a union during the period of time covered by the applicable statute of limitations. 2247. Plaintiff Lori Terry ("Terry") is a citizen and resident of the County of Yell in the State of Arkansas. 2248. Terry is presently employed as a Fork Lift Driver at the Russellville Plant. Her tenure began prior to the three (3) years immediately preceding the filing of this action. 2249. Terry has always been a member of a union during the period of time covered by the applicable statute of limitations. 2250. Plaintiff Phillip Thompson, Jr., ("P. Thompson") is a citizen and resident of the County of Pope in the State of Arkansas. 2251. P. Thompson is a present Prep/Cook employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2252. Upon information and belief, P. Thompson has not always been a member of a union during the period of time covered by the applicable statute of limitations. 2253. Plaintiff Richard Tillery ("Tillery") is a citizen and resident of the County of Johnson in the State of Arkansas. 2254. Tillery is a former Shipping Department Worker employed at the Russellville Plant. His tenure spanned from December 17, 2001, through August 1, 2012. 2255. Tillery was always a member of a union during the period of time covered by the applicable statute of limitations. Page 252 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 253 of 301 2256. Plaintiff Antonio Torres ("A. Torres") is a citizen and resident of the County of Pope in the State of Arkansas. A. Torres is also known as Antonio Torres Duarte. 2257. A. Torres is a present Line Server employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2258. A. Torres has always been a member of a union during the period of time covered by the applicable statute of limitations. 2259. Upon information and belief, Plaintiff Michelle Torres ("M. Torres") is a citizen and resident of the County of Pope in the State of Arkansas. 2260. Upon information and belief, M. Torres worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. 2261. Upon information and belief, M. Torres was not always a member of a union during the period of time covered by the applicable statute of limitations. 2262. Plaintiff Raul Tovar ("R. Tovar") is a citizen and resident of the County of Pope in the State of Arkansas. 2263. R. Tovar is currently employed as a Line Server in Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2264. R. Tovar has always been a member of a union during the period of time covered by the applicable statute of limitations. 2265. Plaintiff Uriel Tovar ("U. Tovar") is a citizen and resident of the County of Pope in the State of Arkansas. Page 253 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 254 of 301 2266. U. Tovar is a current Fork Lift Operator employed at the Russellville Plant. U. Tovar's tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2267. U. Tovar has always been a member of a union during the period of time covered by the applicable statute of limitations. 2268. Plaintiff Jessica Triste ("Triste") is a citizen and resident of the County of Pope in the State of Arkansas. 2269. Triste is a present Sanitation-Pipes Worker employed at the Russellville Plant. Her tenure has spanned from August 30, 2010, through the present. 2270. Triste has always been a member of a union during the period of time covered by the applicable statute of limitations. 2271. Plaintiff Rosemary Tullous ("Tullous") is a citizen and resident of the County of Yell in the State of Arkansas. 2272. Tullous is currently employed as a Processor at the Russellville Plant. Her tenure began prior to the three (3) years immediately preceding the filing of this action. 2273. Tullous has always been a member of a union during the period of time covered by the applicable statute of limitations. 2274. Plaintiff Zach Underwood ("Underwood") is a citizen and resident of the County of Yell in the State of Arkansas. 2275. Underwood was formerly employed as a Fry Bake Worker in Defendant's Russellville Plant. His tenure began on or about January 3, 2012, and it ended on or about September 21, 2012. Underwood was also employed as a Line Server during the statute of limitations period. Page 254 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 255 of 301 2276. Upon information and belief, Underwood was not always a member of a union during the period of time covered by the applicable statute of limitations. 2277. Plaintiff Phyllis Ushery ("Ushery") is a citizen and resident of the County of Conway in the State of Arkansas. 2278. Upon information and belief, Ushery was formerly employed as a production, maintenance, and/or sanitation worker at the Russellville Plant. Her tenure began on or about November 8, 1993, and it ended on or about November 7, 2012. 2279. Ushery was always a member of a union during the period of time covered by the applicable statute of limitations. 2280. Plaintiff Christian Valladares ("C. Valladares") is a citizen and resident of the County of Pope in the State of Arkansas. 2281. C. Valladares is a present Prep Worker employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. C. Valladares was also employed as a Line Server during the statute of limitations period. 2282. C. Valladares has always been a member of a union during the period of time covered by the applicable statute of limitations. 2283. Upon information and belief, Plaintiff Manuel Valladares ("M. Valladares") is a citizen and resident of the County of Pope in the State of Arkansas. 2284. Upon information and belief, M. Valladares worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April24, 2009. Page 255 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 256 of 301 2285. Upon information and belief, M. Valladares was not always a member of a union during the period of time covered by the applicable statute of limitations. 2286. Plaintiff Lou Ann Vasquez ("Vasquez") is a citizen and resident of the County of Yell in the State of Arkansas. 2287. Vasquez was formerly employed as a Processor in Defendant's Russellville Plant. Her tenure began on or about July 22, 2002, and it ended on or about June 20, 2012. 2288. Vasquez was not always a member of a union during the period of time covered by the applicable statute of limitations. 2289. Plaintiff Joshua Vaughan ("J. Vaughan") is a citizen and resident of the County of Pope in the State of Arkansas. 2290. J. Vaughan is a currently employed in Production Maintenance at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2291. J. Vaughan has always been a member of a union during the period of time covered by the applicable statute of limitations. 2292. Plaintiff Wanda Vaughan ("W. Vaughan") is a citizen and resident of the County of Pope in the State of Arkansas. 2293. W. Vaughan is a present Lead employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2294. W. Vaughan has not always been a member of a union during the period of time covered by the applicable statute of limitations. Page 256 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 257 of 301 2295. Plaintiff Hipolita Velasquez ("Velasquez") is a citizen and resident of the County of Pope in the State of Arkansas. 2296. Velasquez is a current Sanitor employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2297. Upon information and belief, Velasquez has not always been a member of a union during the period of time covered by the applicable statute of limitations. 2298. Plaintiff Maria Velazquez ("M. Velazquez") is a citizen and resident of the County of Pope in the State of Arkansas. 2299. M. Velazquez is a current Lead employee at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Velazquez was also employed as a Bagger Operator during the statute of limitations period. 2300. M. Velazquez has always been a member of a union during the period of time covered by the applicable statute of limitations. 2301. Plaintiff Morena Villacorta ("M. Villacorta") is a citizen and resident of the County of Pope in the State of Arkansas. 2302. M. Villacorta is a present Production Processor employed at the Russellville Plant. M. Villacorta's tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2303. M. Villacorta has not always been a member of a union during the period of time covered by the applicable statute of limitations. Page 257 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 258 of 301 2304. Plaintiff Ruben Villacorta ("R. Villacorta") is a citizen and resident of the County of Pope in the State of Arkansas. 2305. R. Villacorta is presently employed in the position of Utility Prep in Defendant's Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. R. Villacorta was also employed as a Fry Bake Specialist and Processor during the statute of limitations period. 2306. R. Villacorta has not always been a member of a union during the period of time covered by the applicable statute of limitations. 2307. Plaintiff Melvin Vinson ("Vinson") is a citizen and resident of the County of Pope in the State of Arkansas. 2308. Vinson is a present Pan Wash Worker employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Vinson was also employed as a Fry Bake Worker during the statute of limitations period. 2309. Vinson has always been a member of a union during the period of time covered by the applicable statute of limitations. 2310. Plaintiff Khamphay Visathep ("K. Visathep") is a citizen and resident of the County of Yell in the State of Arkansas. 2311. K. Visathep is a present Processor employed at the Russellville Plant. K. Visathep's tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2312. K. Visathep has not always been a member of a union during the period of time covered by the applicable statute of limitations. Page 258 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 259 of 301 2313. Plaintiff Phouvieng Visathep ("P. Visathep") is a citizen and resident of the County of Yell in the State of Arkansas. 2314. P. Visathep is a present Line Services worker employed at the Russellville Plant. P. Visathep's tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2315. P. Visathep has always been a member of a union during the period of time covered by the applicable statute of limitations. 2316. Plaintiff Kenneth Volz ("Volz") is a citizen and resident of the County of Conway in the State of Arkansas. 2317. Volz is a current Prep Worker employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2318. Volz has not always been a member of a union during the period of time covered by the applicable statute of limitations. 2319. Plaintiff Gerald Vongprachanh ("Vongprachanh") is a citizen and resident of the County of Pope in the State of Arkansas. 2320. Upon information and belief, Vongprachanh was a former Line Cleaner at the Russellville Plant at some time after April 24, 2009. 2321. Upon information and belief, Vongprachanh has not always been a member of a union during the period of time covered by the applicable statute of limitations. 2322. Plaintiff Richard Walker ("Walker") is a citizen and resident of the County of Pope in the State of Arkansas. Page 259 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 260 of 301 2323. Walker is a current Line Server Palletizer employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2324. Walker has always been a member of a union during the period of time covered by the applicable statute of limitations. 2325. Plaintiff Anita Watson ("Watson") is a citizen and resident of the County of Pope in the State of Arkansas. 2326. Watson is a current Processor employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2327. Watson has always been a member of a union during the period of time covered by the applicable statute of limitations. 2328. Plaintiff Ronnie Watts ("Watts") is a citizen and resident of the County of Pope in the State of Arkansas. 2329. Watts is a present Tailgater employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2330. Watts has not always been a member of a union during the period of time covered by the applicable statute of limitations. 2331. Plaintiff Larry Wiley ("Wiley") is a citizen and resident of the County of Pope in the State of Arkansas. Page 260 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 261 of 301 2332. Wiley is a present Sanitor employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2333. Wiley has always been a member of a union during the period of time covered by the applicable statute of limitations. 2334. Plaintiff Charles Williams ("C. Williams") is a citizen and resident of the County of Yell in the State of Arkansas. 2335. C. Williams is a former Sanitor, Process Operator, Processor, and Line Server employed at the Russellville Plant. His tenure spanned from May 5, 2004 through June of 2009. 2336. Upon information and belief, C. Williams was not always a member of a union during the period of time covered by the applicable statute of limitations. 2337. Plaintiff Jacquelyn Willcutt ("J. Willcutt") is a citizen and resident of the County of Pope in the State of Arkansas. 2338. J. Willcutt is a former Process Operator employed at the Russellville Plant. Her tenure spanned from November 30, 2009, through October 8, 2010. 2339. Upon information and belief, J. Willcutt has always been a member of a union during the period of time covered by the applicable statute of limitations. 2340. Plaintiff Jerry Williams ("J. Williams") is a citizen and resident of the County of Pope in the State of Arkansas. 2341. J. Williams was formerly employed as a Line Mechanic in the Russellville Plant. His tenure began on or about November 24, 1967, and it ended on or about January 18, 2011. Page 261 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 262 of 301 2342. J. Williams was not always a member of a union during the period of time covered by the applicable statute of limitations. 2343. Plaintiff Nicole Williams ("N. Williams") is a citizen and resident of the County of Yell in the State of Arkansas. 2344. Upon information and belief, N. Williams worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. 2345. Upon information and belief, N. Williams was not always a member of a union during the period of time covered by the applicable statute of limitations. 2346. Plaintiff Vicky Williams ("V. Williams") is a citizen and resident of the County of Conway in the State of Arkansas. 2347. V. Williams is a present Processor employed at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2348. V. Williams has always been a member of a union during the period of time covered by the applicable statute of limitations. 2349. Plaintiff Eric Wilson ("E. Wilson") is a citizen and resident of the County of Pope in the State of Arkansas. 2350. E. Wilson is a current Mechanic employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2351. E. Wilson has not always been a member of a union during the period of time covered by the applicable statute of limitations. Page 262 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 263 of 301 2352. Plaintiff Diane Winton ("Winton") is a citizen and resident of the County of Logan in the State of Arkansas. 2353. Winton is a current Weights Worker at the Russellville Plant. Her tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2354. Winton has always been a member of a union during the period of time covered by the applicable statute of limitations. 2355. Plaintiff Matthew Wolfe ("Wolfe") is a citizen and resident of the County of Yell in the State of Arkansas. 2356. Wolfe is a current Mechanic and Production Maintenance employee at the Russellville Plant. His tenure has spanned from January 9, 2012, through the present. 2357. Wolfe has always been a member of a union during the period of time covered by the applicable statute of limitations. 2358. Plaintiff Matt Wood ("M. Wood") is a citizen and resident of the County of Yell in the State of Arkansas. 2359. Upon information and belief, M. Wood is currently employed as a production, maintenance, and/or sanitation worker at the Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. 2360. M. Wood has always been a member of a union during the period of time covered by the applicable statute of limitations. 2361. Plaintiff Sherry Wood ("S. Wood") is a citizen and resident of the County of Yell in the State of Arkansas. Page 263 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 264 of 301 2362. S. Wood was formerly employed as a Sanitor at the Russellville Plant at some time after April 24, 2009. Her tenure ended on or about November 21, 2011. 2363. S. Wood was always a member of a union during the period of time covered by the applicable statute of limitations. 2364. Plaintiff Rhonda Woody ("Woody") is a citizen and resident of the County of Pope in the State of Arkansas. 2365. Woody is a former Lead employed at the Russellville Plant. Her tenure as spanned from 1980 through December 31,2010. 2366. Woody always a member of a union during the period of time covered by the applicable statute of limitations. 2367. Plaintiff Steven Xayadeth ("Xayadeth") is a citizen and resident of the County of Yell in the State of Arkansas. 2368. Xayadeth is a current Process Operator employed at the Russellville Plant. His tenure has spanned from April 5, 2010, through the present. 2369. Xayadeth has always been a member of a union during the period of time covered by the applicable statute of limitations. 2370. Plaintiff Mariano Yanes ("Yanes") is a citizen and resident of the County of Pope in the State of Arkansas. 2371. Yanes is presently employed as a Line Server in the Russellville Plant. His tenure began prior to the three (3) years immediately preceding the filing of this action. 2372. Yanes has always been a member of a union during the period of time covered by the applicable statute of limitations. Page 264 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 265 of 301 2373. Plaintiff Sergio Zamora ("Zamora") is a citizen and resident of the County of Pope in the State of Arkansas. 2374. Zamora is a current Line Server employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. Zamora was also employed in Shipping during the statute of limitations period. 2375. Zamora has always been a member of a union during the period of time covered by the applicable statute of limitations. 2376. Plaintiff Juan Zavala ("Zavala") is a citizen and resident of the County of Pope in the State of Arkansas. 2377. Zavala is a present Line Service Worker employed at the Russellville Plant. His tenure has spanned a period longer than the three (3) years immediately preceding the filing of this action. 2378. Zavala has always been a member of a union during the period of time covered by the applicable statute of limitations. 2379. Upon information and belief, Plaintiff Balentin Zelaya ("Zelaya") is a citizen and resident of the County of Pope in the State of Arkansas. 2380. Upon information and belief, Zelaya worked as a production, maintenance, and/or sanitation employee at the Russellville Plant at some time after April 24, 2009. 2381. Upon information and belief, Zelaya was not always a member of a union during the period of time covered by the applicable statute of limitations. Page 265 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 266 of 301 2382. All newly-joined Plaintiffs were injured by the acts and omissions of Defendant during such time as they were entitled to the rights and protections of the FLSA and AMWA. C. DEFENDANT 2383. Defendant ConAgra Foods Packaged Foods, LLC, d/b/a ConAgra Foods ("ConAgra"), is a private, for-profit foreign limited liability company created and existing under and by virtue of the laws of the State of Nebraska, registered to do business in the State of Arkansas, producing prepared foods and food products at large facilities across the United States, including at least two such locations in the State of Arkansas. 2384. Defendant has annual gross revenues exceeding $500,000.00. 2385. Defendant's principal address is One ConAgra Drive, 1-237, Omaha, Nebraska 68102. 2386. Defendant is/was Plaintiffs' employer and is and has been engaged in interstate commerce as that term is defined under either or both the FLSA and the AMWA. 2387. Defendant has as its registered agent for service the Prentice-Hall Corporation System, Arkansas, which is located at 300 South Spring Street, Suite 900, Little Rock, Arkansas 72201. 2388. Service pursuant to Rule 4 of the FRCP of the Original Complaint has been had on Defendant; Defendant has consented to the service of this amended Complaint to Rule 5 of the FRCP. Page 266 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 267 of 301 Ill. JURISDICTION AND VENUE 2389. The United States District Court for the Eastern District of Arkansas has subject matter jurisdiction over this suit under the provisions of 28 U.S.C. § 1331 because this suit raises federal questions under the FLSA. 2390. This Complaint also alleges violations of the AMWA, which alleged violations arise out of the same set of operative facts as the federal cause of action herein alleged; accordingly, this state cause of action would be expected to be tried with the federal claim in a single judicial proceeding. 2391. This Court has pendent jurisdiction over that claim pursuant to 28 U.S.C. § 1367(a). 2392. The acts complained of herein were committed and had their principal effect against the named Plaintiffs herein within the Western Division of the Eastern District of Arkansas; therefore, venue is proper within this District pursuant to 28 U.S.C. § 1391. 2393. The instant litigation asserts a class action claim under Rule 23 of the Federal Rules of Civil Procedure. IV. FACTUAL ALLEGATIONS 2394. At all relevant times herein, ConAgra is a foreign corporation maintaining numerous locations throughout the United States with annual gross revenues exceeding $500,000.00. Page 267 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 268 of 301 2395. At all relevant times herein, ConAgra was/is the "employer" of Plaintiffs and similarly situated employees within the meaning of all applicable federal and state laws and statutes, including the FLSA and AMWA. 2396. At all relevant times herein, ConAgra directly hired Plaintiffs and similarly situated employees, paid them wages and benefits, controlled their work schedules, duties, protocols, applications, assignments and employment conditions, and kept at least some records regarding their employment. 2397. At all relevant times herein, Plaintiffs have been employed by ConAgra as hourly-paid, prepared foods plant production laborers. Plaintiffs and similarly situated employees were/are classified by Defendant as non-exempt under the FLSA, and were/are always paid an hourly rate. 2398. At all relevant times herein pursuant to ConAgra's common and universal practice, Plaintiffs and similarly situated employees were/are required to work off the clock, including but not limited to, the following three categories: A Reporting to work and, donning clothing and personal protective equipment (PPE) prior to the time they were allowed to clock in, as well as often remaining at work to doff and store and/or return clothing and personal protective equipment after Defendant mandated that they be clocked out ("donning and doffing time"); B. Walking to and from time clocks placed strategically throughout the plant to reduce on-the-clock time for Plaintiff and those similarly situated at the beginning and ending of each shift ("walking time"); and Page 268 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 269 of 301 C. Waiting to obtain, and obtaining, by a process called "checking out" certain tools and equipment (for example, knives) and waiting to, and then returning, the same, prior to the commencement of payment at the beginning of each of paid shift, and after the conclusion of each paid shift, respectively ("tool time"). 2399. The time spent in relation to donning, doffing, and otherwise managing the PPE, including time spent in transit to and from changing areas to Defendant's time-clock, was necessary and indispensable to Plaintiffs' principal work, but because these activities occurred prior to clocking in and after clocking out, Plaintiffs and similarly situated employees were not compensated by Defendant for this time. 2400. Walking time was necessary and indispensable to Plaintiffs' principal work, but because the activities occurred prior to clocking in and after clocking out, Plaintiffs and similarly situated employees were not compensated by Defendant for this time. 2401. Tool time was necessary and indispensable to Plaintiffs' principal work, but because the activities occurred prior to clocking in and after clocking out, Plaintiffs and similarly situated employees were not compensated by Defendant for this time. 2402. No Plaintiff herein explicitly or implicitly agreed to Defendant's failure to pay for donning and/or doffing time, either directly or through any labor representative. 2403. No Plaintiff herein explicitly or implicitly agreed to Defendant's failure to pay for walking time, either directly or through any labor representatives, or tool time either. Page 269 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 270 of 301 2404. At all relevant times herein, ConAgra failed and continues to fail to accurately record all of the time worked off the clock by Plaintiffs and similarly situated employees and failed to properly compensate all of the off-the-clock hours. 2405. At all relevant times herein, starting more than three (3) years ago and continuing to present, ConAgra has deprived Plaintiffs and similarly situated employees of regular wages and overtime compensation for all of the hours over forty (40) per week. 2406. ConAgra's conduct and actions, as described above, are in violation of the FLSA and the AMWA and are willful, intentional and not the result of a good faith contest or dispute. v. CLASS ACTION ALLEGATIONS 2407. Plaintiffs bring this class action to recover monetary damages owed by Defendant to Plaintiffs and members of the putative Class for all the unpaid regular wages and overtime compensation for all the hours worked off the clock. 2408. Plaintiffs bring this action on behalf of themselves and all other similarly situated employees, former and present, who were and/or are affected by Defendant's willful and intentional violation of the FLSA and the AMWA. 2409. In addition, and in the alternative, Plaintiffs bring this action in their individual and personal capacities, separate and apart from the Class claims set forth herein. 241 0. The Rule 23 Class under the AMWA is defined as follows: Page 270 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 271 of 301 All current and former employees of Defendant, who were employed as hourly food production plant employees at Defendant's Russellville plant during the statutory period, and who: (a) Worked off the clock because of Defendant's universal donning and doffing policies; (b) Worked off the clock because of Defendant's strategic placement of time clocks, whereby the class members' access to the opportunity to record their compensable time was used to Defendant's advantage; (c) Worked off the clock because of Defendant's tool time policy, whereby the class members' access to the opportunity to record their compensable time was used to Defendant's advantage; and (d) Were not paid regular wages and overtime compensation for hours they worked in excess of forty (40) hours for each week. 2411. Plaintiffs also bring this claim for relief for violation of the FLSA as a collective action pursuant to Section 16(b) of the FLSA, 29 U.S.C. § 216(b). The Collective Class is defined as follows: All current and former employees of Defendant, who were employed as hourly food production plant employees at Defendant's Russellville plant during the statutory period, and who: (a) Worked off the clock because of Defendant's strategic placement of time clocks, whereby the class members' access to the opportunity to record their compensable time was used to Defendant's advantage; (b) Worked off the clock because of Defendant's tool time policy, whereby the class members' access to the opportunity to record their compensable time was used to Defendant's advantage; and (c) Were not paid regular wages and overtime compensation for hours they worked in excess of forty (40) hours for each week. Page 271 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 272 of 301 2412. This action is properly brought as a class action pursuant to the collective action procedures of the FLSA and the class action procedures of Rule 23 of the Federal Rules of Civil Procedure. 2413. The Class is so numerous that joinder of all members is impractical. While the exact number and identities of Class members are unknown at this time, and can only be ascertained through appropriate discovery, Plaintiffs believe that at least one thousand five hundred (1,500) putative class members have worked for Defendant without appropriate pay, as described herein, throughout the applicable statutory period at the Russellville Plant location alone. 2414. This litigation is properly brought as a class action because of the existence of questions of fact and law common to the Class which predominates over any questions affecting only individual members, including: (a) The compensability of time spent donning and doffing, and in transit to and from changing areas; and in transit to and from time clocks; and in transit to and from-and during-the repeated and regular acquisition of tools for performance of their labor for Defendant (b) Whether Plaintiffs and members of the Class worked off the clock; (c) Whether Defendant has failed to pay Plaintiffs and members of the Class regular wages and overtime compensation for all of the hours over forty (40) each week; (d) Whether Defendant is liable to Plaintiffs and members of the Class for violations of the FLSA and/or the AMWA. 2415. This litigation is properly brought as a class action because Plaintiffs' claims are typical of the claims of the members of the Class, inasmuch as all such claims arise from Defendant's standard policies and practices, as alleged herein. Like all Class members, Plaintiffs were injured by Defendant's policies and practices of Page 272 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 273 of 301 failure to pay regular wages and overtime compensation for all the hours worked off the clock. 2416. Plaintiffs have no interests antagonistic to the interests of the other members of the Class. Plaintiffs are committed to the vigorous prosecution of this action and have retained competent counsel experienced in class action litigation. Accordingly, Plaintiffs are adequate representatives and will fairly and adequately protect the interests of the Class. 2417. A class action is an appropriate and superior method for the fair and efficient adjudication of the present controversy given the following factors: (a) Common questions of law and/or fact predominate over any individual questions which may arise, and, accordingly, there would accrue enormous savings to both the Court and the Class in litigating the common issues on a class-wide instead of on a repetitive individual basis; (b) Despite the relatively small size of individual Class members' claims, their aggregate volume, coupled with the economies of scale inherent in litigating similar claims on a common basis, will enable this case to be litigated as a Class action on a cost-effective basis, especially when compared with repetitive individual litigation; and (c) No unusual difficulties are likely to be encountered in the management of this class action in that all questions of law and/or fact to be litigated at the liability stage of this action are common to the Class. 2418. Plaintiffs are aware of no members of the proposed class which have an interest in individually controlling the prosecution of separate actions. Neither are Plaintiffs aware of any other litigation concerning this particular controversy. 2419. Class certification is also fair and efficient because prosecution of separate actions by individual Class members would create a risk of differing adjudications with respect to such individual members of the Class, which as a practical Page 273 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 274 of 301 matter may be dispositive of the interests of other members no parties to the adjudication, or substantially impair or impede their ability to protect their interests. 2420. Class certification is further appropriate under the AMWA because Defendant has acted and continues to act on grounds generally applicable to the members of the Class and all the requirements under Rule (a) and Rule (b)(3) of the Federal Rules of Civil Procedure are met. 2421. Plaintiffs anticipate that there will be no difficulty in the management of this litigation. This litigation presents FLSA and AMWA claims of a type that have often been prosecuted on a class-wide basis, and the manner of identifying the Class and providing any monetary relief to it can easily be effectuated from a review of Defendant's records. VI. FIRST CLAIM FOR RELIEF (Individual Claims for Violation of FLSA) 2422. Plaintiffs repeat and re-allege all the preceding paragraphs of this Original Complaint above, as if fully set forth herein. 2423. Defendant required Plaintiffs to work off the clock but failed to pay Plaintiffs regular wages and overtime compensation for all of the off-the-clock hours. 2424. Defendant deprived Plaintiffs regular wages and overtime compensation for all of the hours over forty (40) per week, in violation of the FLSA. 2425. Defendant's conduct and practices, as described above, were willful, intentional, unreasonable, arbitrary and in bad faith. Page 274 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 275 of 301 2426. By reason of the unlawful acts alleged herein, Defendant is liable to each individual Plaintiff for monetary damages, liquidated damages and costs, including reasonable attorney's fees provided by the FLSA for all violations which occurred beginning at least three (3) years preceding the filing of Plaintiffs' initial complaint, plus periods of equitable tolling. 2427. Alternatively, should the Court find that Defendant acted in good faith in failing to pay Plaintiffs as provided by the FLSA, Plaintiffs are entitled to an award of prejudgment interest at the applicable legal rate. VII. SECOND CLAIM FOR RELIEF (Individual Claims for Violation of AMWA) 2428. Plaintiffs repeat and re-allege all the preceding paragraphs of the Complaint above, as if fully set forth herein. 2429. Defendant required Plaintiffs to work off the clock but failed to pay Plaintiffs regular wages and overtime compensation for all of the off-the-clock hours. 2430. Defendant deprived Plaintiffs regular wages and overtime compensation for all of the hours over forty (40) per week, in violation of the AMWA. 2431. Defendant's conduct and practice, as described above, are and/or were willful, intentional, unreasonable, arbitrary and in bad faith. 2432. By reason of the unlawful acts alleged herein, Defendant is liable to Plaintiffs for monetary damages, liquidated damages, prejudgment interest, civil penalties and costs, including reasonable attorney's fees provided by the AMWA. Page 275 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 276 of 301 VIII. THIRD CLAIM FOR RELIEF (Class Action Claim for Violation of FLSA) 2433. Plaintiffs repeat and re-allege all the preceding paragraphs of the Complaint above, as if fully set forth herein. 2434. Defendant required Plaintiffs and similarly situated members of the Class to work off the clock but failed to pay Plaintiffs and the Class members regular wages and overtime compensation for all of the off-the-clock hours. 2435. Defendant deprived Plaintiffs and the Class members regular wages and overtime compensation for all of the hours over forty (40) per week, in violation of the FLSA. 2436. Defendant's conduct and practice, as described above, were/are willful, intentional, unreasonable, arbitrary and in bad faith. 2437. By reason of the unlawful acts alleged herein, Defendant is liable to Plaintiff and similarly situated members of the Class for monetary damages, liquidated damages and costs, including reasonable attorney's fees provided by the FLSA. IX. FOURTH CLAIM FOR RELIEF (Class Action Claim for Violation of AMWA) 2438. Plaintiffs repeat and re-allege all the preceding paragraphs of the Complaint above, as if fully set forth herein. Page 276 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 277 of 301 2439. Defendant required Plaintiffs and similarly situated members of the Class to work off the clock but failed to pay Plaintiffs and the Class members regular wages and overtime compensation for all of the off-the-clock hours. 2440. Defendant deprived Plaintiffs and the Class members regular wages and overtime compensation for all of the hours over forty (40) per week, in violation of the AMWA. 2441. Defendant's conduct and practice, as described above, were willful, intentional, unreasonable, arbitrary and in bad faith. 2442. By reason of the unlawful acts alleged herein, Defendant is liable to Plaintiffs and similarly situated members of the Class for monetary damages, liquidated damages, prejudgment interest, civil penalties and costs, including reasonable attorney's fees provided by the AMWA. X. WILLFULNESS 2443. Plaintiffs repeat and re-allege all the preceding paragraphs of the Complaint above, as if fully set forth herein. 2444. All actions by Defendant were willful and not the result of mistake or inadvertence. 2445. Defendant knew or should have known that the FLSA applied to their operation of its food plant at all relevant times. Defendant knew of or should have been aware of previous litigation and enforcement actions relating to wage and hour violations where the non-payment for donning and doffing under the FLSA was challenged. Page 277 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 278 of 301 2446. Cases in support of the position taken by Plaintiffs in this lawsuit are many and are found throughout the country. Many of them meaningfully predate the intentional non-payment planned and committed by Defendant in this case, and some demonstrate that the food production industry is a repeated offender of this type of FLSA violation. IBP, Inc. v. Alvarez, 546 U.S. 21 (2005); Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680 (1946); Helmert, et al., v. Butterball, LLC, 4:08-cv-0342-JLH (E. D. Ark 2008); Bouaphekeo v. Tyson Foods, Inc., 5:07-cv-04009-JAJ, (N.D. Iowa 2005). 2447. Plaintiffs are aware of no cases which support Defendant's intentional non-payment of time spent donning and doffing Defendant's clothes and equipment. 2448. In those prior cases, plant workers working under conditions similar to those employed by Defendant were determined to be entitled to compensation under the FLSA. 2449. Despite being on notice of its violations, Defendant chose to continue to misclassify Plaintiffs and other members of the proposed collective class and withhold minimum (and overtime) wages to them in effort to enhance their profits. 2450. Additionally, some Plaintiffs and some members of the proposed collective class from time to time complained to Defendant about the unlawfulness of Defendant's manner of payment and policies related to off-the-clock work. Page 278 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 279 of 301 XI. SIXTH CAUSE OF ACTION VIOLATION OF THE FLSA's ANTI-RETALIATORY PROVISIONS AGAINST PLAINTIFF CRAIG LYONS, INDIVIDUAL 2451. Plaintiffs repeat and re-allege all the preceding paragraphs of the Complaint above, as if fully set forth herein. 2452. On or about November 15, 2012, Defendant abruptly and without any prior notice terminated the employment of Plaintiff Craig Lyons. 2453. Defendant's justification for terminating Plaintiff Lyons was clearly a pretense for retaliating against Plaintiff Lyons for his involvement in this action and for intimidating other putative class members who might wish to join or class members who have already joined this lawsuit. 2454. Defendant assigns "points" to employees for various infractions, including major infractions such as violating safety rules and minor infractions such as arriving late for the start of the shift. The number of points incurred varies according to the severity of the infraction. 2455. The accumulation of a certain number of points can lead to an employee's termination of employment by Defendant. 2456. Defendant's long-standing common practice and policy has always been to monitor the number of points accumulated by its employees and provide employees with a warning notice when the employee's points approach the termination threshold. 2457. Despite its long-standing common practice and policy of providing notice to employees of the accumulation of a critical number of points, Defendant failed to Page 279 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 280 of 301 provide any advance notice or warning to Plaintiff Lyons that his points were approaching the termination threshold. 2458. Instead, Defendant suddenly and abruptly terminated Plaintiff Lyons, citing an accumulation of the number of points required for termination as justification for the termination. 2459. Defendant's treatment of Plaintiff Lyons represents a departure not only from the long-standing practices and policies of Defendant, but a departure from Defendant's common treatment of its hundreds of other employees. 2460. Plaintiff Lyons has been singled out and treated differently because of his involvement in this case. 2461. Defendant's actions are a thinly veiled attempt to cull out, harass, humiliate and punish Plaintiff Lyons for his involvement in this case, and to intimidate all others similarly situated from enforcing their statutory rights under the FLSA. 2462. In addition, Plaintiff Lyons is the first named Plaintiff in this case, and his termination is symbolic and serves as an "example" to all other current and former employees of Defendant that they should not act to enforce their rights under the FLSA against Defendant. 2463. Further, Defendant's termination of Plaintiff Lyons's employment occurred just eight days prior to the mass mailing of the Notice of Collective Action that was sent out to all putative class members in this case on November 23, 2012. 2464. Defendant's clear intent in terminating the employment of Plaintiff Lyons near the time that the Notice of Collective Action was mailed in this case was to intimidate its current and former employees who have joined or who might wish to join Page 280 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 281 of 301 this lawsuit. Through its actions, Defendant sought to discourage participation in this case and/or to coerce those who participate in this lawsuit to minimize Defendant's liability and damages. 2465. Defendant's actions are a direct and willful violation of the FLSA's anti-retaliation provisions at subsection 215(a)(3), which forbids employers from firing or otherwise taking retaliatory action against employees that have asserted their rights under the FLSA. 2466. Employers may not "discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to [the FLSA], or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee." 29 U.S.C. § 215(a)(3). 2467. Defendant has engaged in a clear process of isolation, identification and retaliation against Plaintiff Lyons. 2468. Plaintiff Lyons should be reinstated to his former position with Defendant and compensated for lost income due to Defendant's unlawful retaliation; and Plaintiff Lyons should be compensated for any pain, suffering, or loss of face suffered as a result of Defendant's actions. 2469. Further, punitive damages should be assessed against Defendant for its blatant and willful actions in firing Plaintiff Lyons without following its own established policies and procedures in an effort to retaliate against Plaintiff Lyons for his participation in this case and to intimidate Plaintiff Lyons and all other former and Page 281 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 282 of 301 current employees of Defendant who are entitled to participate in this case in direct and intentional violation of the anti-retaliatory provisions of the FLSA. XII. SEVENTH CAUSE OF ACTION UNJUST ENRICHMENT/QUANTUM MERUIT 2470. Plaintiffs repeat and re-allege all the preceding paragraphs of the Complaint above, as if fully set forth herein. 2471. All of the off-the-clock activities described herein by Plaintiffs, including donning and doffing time, walking time, and tool time were for the sole or primary benefit of Defendant. 2472. Defendant had full knowledge that Plaintiffs were performing such off-the-clock work for the benefit of Defendant because it is Defendant that implemented the requirements that these activities be performed prior to clocking in and after clocking out. 2473. Despite its knowledge, Defendant chose to accept the benefits of Plaintiffs uncompensated labor for itself. 2474. By unjustly receiving the value of Plaintiffs' labor without providing proper compensation therefore, Defendant obtained substantial benefits and was unjustly enriched at the expense of Plaintiffs. 2475. Such conduct was detrimental to Plaintiffs. 2476. Defendant's conduct was willful and not the result of mistake or inadvertence. 2477. It would be inequitable for Defendant to retain the benefits received. Page 282 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 283 of 301 2478. As a direct result of Defendant's unlawful, unjust and inequitable conduct, Plaintiffs have suffered injury, incurred damages and financial loss in an amount to be determined at trial. 2479. Accordingly, Plaintiffs seek appropriate relief against Defendant including damages, restitution, prejudgment interest, attorneys' fees and costs and all other relief that the Court deems just and appropriate. XIII. JURY DEMAND 2480. Plaintiffs and members of the Class demand a trial by a jury on all of the triable issues of this Complaint. XIV. PRAYER FOR RELIEF WHEREFORE, premises considered, Plaintiffs Craig Lyons, Justin Anderson, Tommy Applegate, Brandon Etzkorn, Gerald Fischer, Jr., James Geary, William Mars, Edward White, Khanthalyxay La Rasavong, Richard Casey, Gary Mars, Pha Nanthalansy, Anong Nanthalansy, Amy Anderson, Bobby Anderson, Larry Dodson, Michael Hinman, Lisa Jones, Brian Massey, Bradley Mayfield, Wanda Thompson, Mary Wewer, Alan Young, Connie Carrington, Debra Carter, Shirley Cato, Leonard Coffman, Linda Coffman, Freddie Cogburn, Jr., Lynda Collins, Ezell Cotton, John Cowen, Sharon Curtis, Charles Davis, Pam Evans, Cecil Foster, Jr., Sharon Freeman, Wilma Garrison, Patricia Hamilton, Tammy Hudson, Jeremy Jones, Marilyn Jones, Helen Landenberger, Mechelle Lovejoy, Onita Martin, Brenda Mathis, Sylvia McVay, Shannon C. Mixon, Jeffery Monteleone, Patricia Nelson, Cathy Parker, Angela Patrick, Paul Rodriguez, Page 283 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 284 of 301 Margie Sexton, Genella Smith, Scot Smith, Nancy Sorenson, Angela Thompson, Kenneth Thompson, Dennis Weir, Doug Wheatley, Ramiro Alonso, Sirina Arias, Raymond Davis, Monica Deleon, Brent Duvall, David Glover, Katie Heney, Holly Johnson, Sandra Kellybrew, Phyllis Lanoy, Amanda Martin, Alicia Partida, Dora Perdido-Russell, Cathy Radcliff, Diana Roesler, Chris Russell, Brian Tarkington, Michele Turner, Julie Turley, Laura Washington, Paula Wilson, Steve Wilson, Dario Abarca, Veronica Alvarado Abarca, Jose Aleman, Georgina Alexander, Pierre Alexander, Benjamin Aley, Jose Luis Ochoa Alvarado, Juan Arias Alvarenga, Mercedes Alvarenga, Beatriz Ambrosio, Porfirio Aparicio, Angela M. Applegate, Alex A. Arias, Andres Arredondo, Ratael Alvarado Arrellano, Gearld Austin, Karen Austin, Maria Avila, Laura Beth Balch, Robin Barrientos, Nora Barrios, Regina Battershell, Brenda Bell, Marie Bell, George Philip Benge, Robert Bewley, Alexander Blandon, Alex A. Bonilla, Tyler Brafford, Paul Bragg, Christine Bristol, Anthony A. Brown, Earnest Lee Brown, Lenard Ray Brown, Connie Denise Bryant, Carolyn Burdine, Donald Byers, Ubilberto Caballero, Armando Arias, Elder R. Cabrera, Linda Calvin, Mercedes E. Campos, Vicente Campos, Rodolfo Canales, Alberto Cargas A.K.A. Alberto Vargas, Mercedes Castro, Jorge Chica, Richard Choate, James M. Christen, William Clair, Randy Dewayne Clark, Don Condley, Debra Coonce, Jessie Cooper, Jenny L. Corona, Warren Cowen, Ernesto Antonio Crisostomo, Eric Criswell, Sr., Nancy Cruz, Nelson A. Cruz, Samuel Avila Cruz, Charlotte Cummings, Clifford Harold Davis, Eddie Neil Davis, Ellis Christopher Davis, Sr., Claudia De Paz, Gail DeBardelaben, Victor Delgado, Ruth Demmitt, Barbara DeVore, Carlos Diaz, Donnia Diggs, Barbara A. Dugger, Leonard Durham, India Duvall, Jodie Edwards, Doy England, Carla Escobar, Helen Farmer, Page 284 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 285 of 301 Miguel Figeuroa, Joanna Kay Ford, Roxanne Foster, Garland Freeman, Jr., Randy Freeman, Velma Freeman, Pamela Freitas, Joshua Tyler Thomas Fryar, Kathy Fryar, Richard Fryar, Federico Fuentes, Stephen Gadberry, Aurora Garcia, Elizabeth Garcia, Ignacio T. Garcia, Jr., Patricia Morales Garcia, Charlie George, James Michael George, Violet Germany, Time Gist, Debbie Glass, Delfino Gonzalez, Eloy Gonzalez, Jr., Jose Gonzales, Leticia Gonzalez, Luis Gonzales, Nestor Gonzalez, Oscar Gonzales, Linda Griffin, Marsha Hackler, Carrie Haley, Nancy Ann Havenstrite, Victoria Mae Heaton, Nancy Hentschel, Alexander B. Hernandez, Jose Luis Hernandez, Maribel Hernandez, Rosa M. Herrera, Donald Hill, Randall Hillis, Connie Hollis, William Holmes, Donnal L. Hudson, Natasha Hutcherson, Stephanie Jackson, Sunny James, Wayman James, Donna G. Johnson, Laura Johnson, Marianne Johnson, Joan Johnston, Artemio Juarez, Linda Julian, Rebecca Lacy, Celina Lama, Marta Lara, Sonya Sue Leavell, Dennis Lemarr, Irvin Lemarr, Carol Jean Lievsay, Donna S. Long, Abdon Lozano, Deborah Mahan, Jorge A. Marcia, Antonio Paz Mares, Alicia Martin, Adriana Martinez, Agustin Martinez, Carlos Martinez, Carlos D. Martinez, John Mason, Ben Maturino, Judy C. McClure, Tommy McClure, Cynthia Dianne McDaniel, Bonnie McNamara, Linda McPherson, Jose Mejia, Susana Mejia, Darlene Melton, Adrianna Mena, Oscar Armando Mena, Maria E. Menjivar, Jarman Moody, Jesus Morales, Jose A. Morales, Juan Carlos Morales, Maria Del Carmen Morales, Marlon Garcia Morales, Walter Morales, Domingo Moran, Tammy Morton, Elizabeth Moudy, Carrie Murchison, Ignacio Murillo, Cynthia Nelson, Priscilla J. Noblett, Betty Norris, Wayne O'Briant, Jose Luis Ochoa, Josefina Ochoa, Juan Ochoa, Raul Ochoa, Debra Oliver, Sharon Lynnette Oliver, Walter Danilo Orellana, Magaly Orellana, Raul Rodriguez Orozco, Tommy Page 285 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 286 of 301 Parks, Myrna G. Partida, Alfonso Paz, Juan Paz, Rodolfo Paz, Lila Dean Pease, Danny L. Pendergraft, Vicente Perez, Cindy Phalan, Edith Pledger, Josh Poirier, David Portillo, Teodoro Portillo, Mary L. Price, Renee Qualls, Manuel Ramirez, Ricardo Ramos, Eddie Renier, Carrie Reyes, Gerordo Reyes, David Rice, Edwin Rivas, Jael Rivera, Marlon Rivera, Mayra Rivera-Enriquez, Jimmy Roberds, Leona Roberds, Perry Roberson, Edward Robinson, Belinda Rodriguez, Blanca Rodriguez, Gregorio Rodriguez, Jorge Paz Rodriguez, Tammy Rogers, Ana Romero-Urquila, Antonio Rosales, Francsico Rosales, Teresa Rosbia-Laws, Juana Salas, Maria Salas, Teodora Salas, Jose D. Sanchez, Sheila Sanchez, Karen Sanders, Xiomara Sandoval, Omar Jovan F. Scott, Jose Segovia, Mayra Sierra, Mary Smith, Sammy Smith, Zenas Smith, Sr., Betty Soriano, Marvin M. Soriano, Kimberley Ann Stewart, Krystal Strandlund, Paul J. Strnad, Davida Elaine Summit, Judy Summit, Elizabeth Taylor, Linda Taylor, Rebecca Taylor-Garrigus, Sheila Ann Tenango, Leonard Norman Thompson, Luz Dary Torrelles, Hector Torres, Ronan F. Torres, Clem Tucker, Ill, Ida L. Tucker, Fabio Valladares, Mayra Vazques, Angelica Velazquez, Jean Wagner, Cindy Wells, Charles White, Johnny D. Willcutt, Ashley Williams, Dessie Williams, Jennifer Williams, Lillia Williams, Michael Williams, Cheryl T. Windsor, Kelly Winkle, Lanny Wooten, Barbara Wright, James Wright, Joseph Wright, Valerie Yandell, James M. Youngman, Bertha Abrego, Rose Acree, William Akens, Esparanza Alcantar, Orlando Alcantar, Fulvia Aleman, David Alexander, Marvin Alexander, Juan Alfaro, Jorge Alonzo, Juana Alvarado, Miguel Alvarado, Roberto Alvarado, Maria S. Alvarenga, Martha Alvarez, Victor Alvidrez, Israel A. Amaya, Christopher Anderson, Kimberly Anderson, Zachary Anderson, Jorge Andrade, Daniel Apanavicius, Jose Arcia, Alfredo Arias, Josefina Arias, Barbara Arnold, Page 286 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 287 of 301 Alan Arrington, Artemio Avalos, Rebekah Avery as Administrator of the Estate of Samuel Avery, Deceased, Irma Avila, Cesar Ayala, Dina Ayala, Sabino Bahena, Nathan Balch, Kenneth Barnes, Carol Barnett, Callie Bartlett, Laura Baugh, Lester Baugh, Fransisco Bautista, Brenda Beech, Douglas Beech, Keith Bell, Marco Belmonte, Franklin Beltran, Dennis Berry, Chong Bewley, John Bewley, Tom Birge, Jr., Chrissie Bishop, Sarah Bohlier, Randall Boley, Rosa Bonilla de Reyes, Jose Bonilla, Maria Bonilla, Salvador Bonilla, Robert Bowden, Mark Brashear, Dora Brockman, Jacquelene Brooks, Lori Brooks, Gary Brown, Jerry Brown, Linda Brown, Theodore Bruce, Jr., Curtis Brunston, Clay Bryant, Grace Bryant, Danny Burton, Rachel Burton, Francine Byers, Keith Byrum, Medardo Calero, Myrna Calito, Lloyd Callan, Gary Canady, Gene Canady, Carlos Carrillo, Glendy Carrillo, Mike Carrillo, Sandra Carrillo, Rudy Castillo, Esmeralda Cavazos, Ashanti Chenault, Patricia Chenowith, Chris Childers, Cheryl Chronister, William Clark, Mary Coffman, Tellas Collier, Barbara Collins, Shannon Collins, David Conner, David Cook, Joyce Cook, Linda Cook, Felisha Cooper, Freda Cossey, Denise Crain, Carrie Crawford, Juan Crisostomo, Justin Criswell, Ruth Criswell, Wanza Cross, Timothy Davidson, Ellis Davis, Jr., Keeton Davis, Kristina Davis, Robert Delavan, Helen Diaz, Jacinto Diaz, Julianna Ditton, Robert Ditton, Rosa Dixon, Heath Dollar, Emerson Dominguez-Osorio, Mario Doratt, Alice Dorsett, Lee Dorsey, Carlos Duarte, Katherine DuVall, Jimmy Earls, Rachel Edlin, Bonita Embry, Deirdre Embry, Susan Emery, Christian Enriquez, lrlanda Espinoza, Johnny Floren, Karen Ford, Johnnie Foster, William Foster, Caryl Fowler, Randy Fowler, Debra Freeman, Floyd Freeman, Jeffery Freeman, Lawrence Freeman, Michael Freeman, William Freeman, Yong Gabhart, Danny Gallaher, Kathy Garrigus, Samuel Genna, Heidi Gering, Irma Page 287 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 288 of 301 Giran, Isidro Godoy, Rebeca Godoy, Ernest Goins, Celia Gonzalez, Edin Gonzalez, Jose H. Gonzalez, Maria Gonzalez, Linda Greer, Theresa Grigsby, Rosa Gutierrez, Kristy Hagan, David Hardin, Lonnie Harris, Travis Harvey, Cathy Heflin, Dyana Hefner, Hermes Henriquez, Brenda Hernandez, Carmen Hernandez, Guadalupe Hernandez, Henry Hernandez, Juan Hernandez, Maria Hernandez, Mercedes Hernandez, Raul Hernandez, Rene Hernandez, Rosa Hernandez, Vickie Higgins, Eddie Hill, Guy Hill, Pamela Hill, Stephanie Hillis, Melvin Hirtler, Jerry Holland, Denise Hon, Jerry Honaker, Sr., Tommy Honaker, Kimberly Hopson, Gennifer Horn, Bernice Howard, David Huaranga, Carol Huggins, Anna Hughes, Mary Hughes, Krystal Humphrey, Rebecca Irwin, Rosa Izaguirre, Frankie Jackson, Paul Jackson, Lori James, Jorge Jobel, Clinton Jones, Cristy Jones, Bernabe Jovel, Cecil Keith, Daniel Kelley, Dustin Kemp, Lemuel Keys, Reba King, Shereacia Kinnon, Christina Kugler, Omar Lagos, Roxana Lagos, Charles Lane, DeAnn Laymon, Tony Laymon, Bobby Ledford, Jr., Kimberly Lee, William Lee, Debra Lenhart, Michael Level, Miao-hua Lin, Johnny Litsey, Jerrad Littrell, Jose Loaeza, Garry Lopez, Gloria Lopez, Richard Love, Sr., Leslie Loveland, Abdon Lozano, Jr., Mario Lozano, Pamela Lute, Reina Marcos, Rosa Mares, Carolina Martinez, Felipe Martinez, Rosa Martinez, Santiago Martinez, Saul Martinez, Raquiel Masters, Sandra Mata, Barbara Matthews, Earl Matthews, Melvin Maxwell, Emerita May, Carla McAlister, Cheryl McGee, Angela McVey, Velma Meadows, lneda Meimerstorf, Edwin Melgar, Joseph Melton, Joyce Metz, Diane Misener, Sandra Molloy, Teresa Monteleone, Lourdes Montesinos, Martha Montoya, Silvestre Montoya, Samuel Moore, Terry Moore, Gilberta Morales, Jason Morales, Jose Morales-Herrera, Sherry Morell, Samuel Morgan, Angela Moro, Rhonda Morris, Amanda Morse, Katie Moss, Mary Moten, Bill Page 288 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 289 of 301 Moulder, Christopher Myers, Amanda Navarrete, Jose Navarrete, Sylvia Navarrete, Jose Navarro, Eric Neaterous, Janice Needham, Michael Neumeier, Alan Newby, Stan Nichols, Erica Nieto, Jimmie Noah, Karen Noble, Sabrina O'Briant, David O'Neal, Germanus Orndorff, Ill, Maria Ortiz, Celia Osorio, Austin Padgett, Victor Padilla-Rivera, Zolaida Palacios, Betty Palmer, Juan Parada, Leslie Paredes, Carolyn Parrish, David Paz, Sherry Pearce, Bobby Pearson, Jimmy Pease, Rena Pendergraft, Ronnie Peoples, Lynn Phipps, Sharon Phillips, Jeremy Pierce, Elenilson Ponce, Grant Poplin, Vickey Powell, Jack Proctor, Lacey Qualls, Billy Ralls, Jr., Brenda Ramirez, Osmin Ramirez, Rafael Ramirez, Jeff Rappe, Teresa Rauda, Katharina Reed, Filemon Rendon, Maria Rendon, Elizabeth Reyes, Iris Reyes, Jose Reyes, Lorenzo Reyes, Luis Reyes, Maria Reyes, Maria C. Reyes, Francisco Reyna, William Richards, Rosalio Rivas, Francisco Rivera, Treva Roberds, William Roberds, Jeremy Robinson, Judy Robinson, Baldemar Robles, Katherine Rochell, Peggy Rodriguez, Jerome Roesler, Michael Rogers, Patricia Rogers, Pedro Rojas, Ricardo Rojas, Eva Romero, Idalia Romero, Tomas Romero, Linda Romine, Shirley Romine, Mattie Romines, Jose Ruiz, German Sanabria, Marina Sanabria, Holly Sanchez, Frank Sears, Kristy Sears, Rafael Segura, Gloria Shafer, Rickey Shaffer, William Shelton, Allen Siddall, Emily Simmons, Kenneth Simpson, Kathryn Sims, Mahogany Smith, Preston Smith, Rheba Smith, James Snow, Gloria Snyder, Rafael Sorto, Frank Sosa, Joseph South, Sandy Souvannakhot, Terri Staggs, James Standridge, Bruce Stanley, Rachelle Stanley, Joseph Stevens, Regina Stewart, Dennis Stroud, Gregorio Suarez, Jerry Swilley, Guadalupe Talamantes, Linda Tanner, Tina Tanner, Barbara Taurone, Samantha Tavarez, Paul Taylor, Jaime Tejada, Robert Templin, Mary Tennison, Michael Tennison, Lori Terry, Phillip Thompson, Jr., Richard Page 289 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 290 of 301 Tillery, Antonio Torres, Michelle Torres, Raul Tovar, Uriel Tovar, Jessica Triste, Rosemary Tullous, Zach Underwood, Phyllis Ushery, Christian Valladares, Manuel Valladares, Lou Ann Vasquez, Joshua Vaughan, Wanda Vaughan, Hipolita Velasquez, Maria Velazquez, Morena Villacorta, Ruben Villacorta, Melvin Vinson, Khamphay Visathep, Phouvieng Visathep, Kenneth Volz, Gerald Vongprachanh, Richard Walker, Anita Watson, Ronnie Watts, Larry Wiley, Jacquelyn Willcutt, Charles Williams, Jerry Williams, Nicole Williams, Vicky Williams, Eric Wilson, Diane Winton, Matthew Wolfe, Matt Wood, Sherry Wood, Rhonda Woody, Steven Xayadeth, Mariano Yanes, Sergio Zamora, Juan Zavala and Balentin Zelaya, on behalf of themselves each individually and for others similarly situated, respectfully pray for declaratory relief and damages as follows: (a). A declaratory judgment that Defendant ConAgra's practices alleged herein violate the Fair Labor Standards Act, 29 U.S.C. §201, et seq., and attendant regulations at 29 C.F.R. §516 et seq. (b). A declaratory judgment that Defendant ConAgra's practices alleged herein violate the Arkansas Minimum Wage Act, Ark. Code Ann. § 11-4-201, et seq. and the relating regulations. (c). Judgment for damages for all unpaid regular wages and overtime compensation under the Fair Labor Standards Act, 29 U.S.C. §201, et seq., and attendant regulations at 29 C.F.R. §516 et seq. (d). Judgment for damages for all unpaid regular wages and overtime compensation under the Arkansas Minimum Wage Act, Ark. Code Ann. § 11-4-201, et seq. and the relating regulations. Page 290 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 291 of 301 (e). Judgment for liquidated damages pursuant to the Fair Labor Standards Act, 29 US. C. §201, et seq., and attendant regulations at 29 C.F.R. §516 et seq., in an amount equal to all unpaid regular wages and overtime compensation owed to Plaintiffs and members of the Class during the applicable statutory period. (f). Judgment for liquidated damages pursuant to the Arkansas Minimum Wage Act, Ark. Code Ann. § 11-4-201, et seq. and the relating regulations. (g). Judgment for any and all civil penalties to which Plaintiffs and all other similarly situated employees may be entitled. (h). Judgment against Defendant in favor of Plaintiff Lyons for Defendant's violation of the anti-retaliatory provisions of the FLSA, including compensatory and punitive damages; (i). An order directing Defendant to reinstate Plaintiff Lyons to his former position with Defendant; 0). An order directing Defendant to pay Plaintiffs and members of the Class prejudgment interest, reasonable attorney's fees and all costs connected with this action. (k). Such other and further relief as this Court may deem necessary, just and proper. Respectfully submitted, CRAIG LYONS, JUSTIN ANDERSON, TOMMY APPLEGATE, BRANDON ETZKORN, GERALD FISHER, JR., JAMES GEARY, WILLIAM MARS, EDWARD WHITE, KHANTHALYXA Y LA RASAVONG, RICHARD CASEY, GARY MARS, PHA NANTHALANSY, ANONG NANTHALANSY, AMY ANDERSON, BOBBY ANDERSON, Page 291 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action LARRY DODSON, MICHAEL HINMAN, LISA JONES, BRIAN MASSEY, BRADLEY MAYFIELD, WANDA THOMPSON, MARY WEWER, ALAN YOUNG, CONNIE CARRINGTON, DEBRA CARTER, SHIRLEY CATO, LEONARD COFFMAN, LINDA COFFMAN, FREDDIE COGBURN, JR., LYNDA COLLINS, EZELL COTTON, JOHN COWEN, SHARON CURTIS, CHARLES DAVIS, PAM EVANS, CECIL FOSTER, JR., SHARON FREEMAN, WILMA GARRISON, PATRICIA HAMILTON, TAMMY HUDSON, JEREMY JONES, MARILYN JONES, HELEN LANDENBERGER, MECHELLE LOVEJOY, ONITA MARTIN, BRENDA MATHIS, SYLVIA MCVAY, SHANNON C. MIXON, JEFFERY MONTELEONE, PATRICIA NELSON, CATHY PARKER, ANGELA PATRICK, PAUL RODRIGUEZ, MARGIE SEXTON, GENELLA SMITH, SCOT SMITH, NANCY SORENSON, ANGELA THOMPSON, KENNETH THOMPSON, WANDA THOMPSON, DENNIS WEIR, DOUG WHEATLEY, RAMIRO ALONSO, SIRINA ARIAS, RAYMOND DAVIS, MONICA DELEON, BRENT DUVALL, DAVID GLOVER, KATIE HENCY, HOLLY JOHNSON, SANDRA KELLYBREW, PHYLLIS LANOY, AMANDA MARTIN, ALICIA PARTIDA, DORA PERDIDO-RUSSELL, CATHY RADCLIFF, DIANA ROESLER, CHRIS RUSSELL, BRIAN TARKINGTON, JULIE TURLEY, MICHELE TURNER, LAURA WASHINGTON, PAULA WILSON, STEVE WILSON, DARIO ABARCA, VERONICA ALVARADO ABARCA, JOSE ALEMAN, GEORGINA ALEXANDER, PIERRE ALEXANER, BENJAMIN ALEY, JOSE LUIS OCHOA ALVARADO, JUAN ARIAS ALVARENGA, MERCEDES ALVARENGA, BEATRIZ AMBROSIO, PORFIRIO APARICIO, ANGELA M. APPLEGATE, ALEX A. ARIAS, ANDRES ARREDONDO,RATAELALVARADO ARRELLANO, GEARLD AUSTIN, KAREN AUSTIN, MARIA AVILA, LAURA BETH BALCH, ROBIN BARRIENTOS, NORA Page 292 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action BARRIOS, REGINA BATTERSHELL, BRENDA BELL, MARIE BELL, GEORGE PHILIP BENGE, ROBERT BEWLEY, ALEXANDER BLANDON, ALEX A. BONILLA, TYLER BRAFFORD, PAUL BRAGG, CHRISTINE BRISTOL, ANTHONY A. BROWN, EARNEST LEE BROWN, LENARD RAY BROWN, CONNIE DENISE BRYANT, CAROLYN BURDINE, DONALD BYERS, UBILBERTO CABALLERO, ARMANDO ARIAS, ELDER R. CABRERA, LINDA CALVIN, MERCEDES E. CAMPOS, VICENTE CAMPOS, RODOLFO CANALES, ALBERTO CARGAS A.K.A ALBERTO VARGAS, MERCEDES CASTRO, JORGE CHICA, RICHARD CHOATE, JAMES M. CHRISTEN, WILLIAM CLAIR, RANDY DEWAYNE CLARK, DON CONDLEY, DEBRA COONCE, JESSIE COOPER, JENY L. CORONA, WARREN COWEN, ERNESTO ANTONIO CRISOSTOMO, ERIC CRISWELL, SR., NANCY CRUZ, NELSON A. CRUZ, SAMUEL AVILA CRUZ, CHARLOTTE CUMMINGS, CLIFFORD HAROLD DAVIS, EDDIE NEIL DAVIS, ELLIS CHRISTOPHER DAVIS, SR., CLAUDIA DE PAZ, GAIL DEBARDELABEN, VICTOR DELGADO, RUTH DEMMITT, BARBARA DEVORE, CARLOS DIAZ, DONNA DIGGS, BARBARA A. DUGGER, LEONARD DURHAM, INDIA DUVALL, JODIE EDWARDS, DOY ENGLAND, CARLA ESCOBAR, HELEN FARMER, MIGUEL FIGEUROA, JOANNA KAYFORD,ROXANNEFOSTER,GARLAND FREEMAN, JR., RANDY FREEMAN, VELMA FREEMAN, PAMELA FREITAS, JOSHUA TYLER THOMAS FRYAR, KATHY FRYAR, RICHARD FRYAR, FEDERICO FUENTES, STEPHEN GADBERRY, AURORA GARCIA, ELIZABETH GARCIA, IGNACIO T. GARCIA, JR., PATRICIA MORALES GARCIA, CHARLIE GEORGE, JAMES MICHAEL GEORGE, VIOLET GERMANY, TIM GIST, DEBBIE GLASS, DELFINO GONZALEZ, ELOY GONZALEZ, JR., JOSE GONZALEZ, LETICIA GONZALEZ, LUIS GONZALEZ, Page 293 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action NESTOR GONZALEZ, OSCAR GONZALEZ, LINDA GRIFFIN, MARSHA HACKLER, CARRIE HALEY, NANCY ANN HAVENSTRITE, VICTORIA MAE HEATON, NANCY HENTSCHEL, ALEXANDER B. HERNANDEZ, JOSE LUIS HERNANDEZ, MARIBEL HERNANDEZ, ROSA M. HERRERA, DONALD HILL, RANDALL HILLIS, CONNIE HOLLIS, WILLIAM HOLMES,DONNALL.HUDSON,NATASHA HUTCERHSON, STEPHANIE JACKSON, SUNNYJAMES,WAYMANJAMES,DONNA G. JOHNSON, LAURA JOHNSON, MARIANNE JOHNSON, JOAN JOHNSTON, ARTEMIO JUAREZ, LINDA JULIAN, REBECCA LACY, CELINA LAMA, MARTA LARA, SONYA SUE LEAVELL, DENNIS LEMARR, IRVIN LEMARR, CAROL JEAN LIEVSAY, DONNAS. LONG, ABDON LOZANO, DEBORAH MAHAN, JORGE A. MARCIA, ANTONIO PAZ MARES, ALICIA MARTIN, ADRIANA MARTINEZ, AUGUSTIN MARTINEZ, CARLOS MARTINEZ, CARLOS D. MARTINEZ, JOHN MASON, BEN MATURINO, JUDY C. MCCLURE, TOMMY MCCLURE, CYNTHIA DIANNE MCDANIEL, BONNIE MCNAMARA, LINDA MCPHERSON, JOSE MEJIA, SUSANA MEJIA, DARLENE MELTON, ADRIANNA MENA, OSCAR ARMANDO MENA, MARIA E. MENJIVAR, JARMAN MOODY, JESUS MORALES, JOSE A. MORALES, JUAN CARLOS MORALES, MARIA DEL CARMEN MORALES, MARLON GARCIA MORALES, WALTER MORALES, DOMINGO MORAN, TAMMY MORTON, ELIZABETH MOUDY, CARRIE MURCHISON, IGNACIO MURILLO, CYNTHIA NELSON, PRISCILLA J. NOBLETT, BETTY NORRIS, WAYNE O'BRIANT, JOSE LUIS OCHOA, JOSEFINA OCHOA, JUAN OCHOA, RAUL OCHOA, DEBRA OLIVER, SHARON LYNNETTE OLIVER, WALTER DANILO ORELLANA, MAGALY ORELLANO, RAUL RODRIGUEZ OROZCO, TOMMY PARKS, MYRNA G. PARTIDA, ALFONSO PAZ, JUAN PAZ, RODOLFO PAZ, LILA DEAN PEASE, Page 294 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action DANNY L. PENDERGRAFT, VICENTE PEREZ, CINDY PHALAN, EDITH PLEDGER, JOSH POIRIER, DAVID PORTILLO, TEODORO PORTILLO, MARY L. PRICE, RENEE QUALLS, MANUEL RAMIREZ, RICARDO RAMOS, EDDIE RENIER, CARRIE REYES, GERORDO REYES, DAVID RICE, EDWIN RIVAS, JAEL RIVERA, MARLON RIVERA, MAYRA RIVERA-ENRIQUEZ, JIMMY ROBERDS, LEONA ROBERDS, PERRRY ROBERSON, EDWARD ROBINSON, BELINDA RODRIGUEZ, BLANCA RODRIGUEZ, GREGORIO RODRIGUEZ, JORGE PAZ RODRIGUEZ, TAMMY ROGERS, ANA ROMERO-URQUILLA, ANTONIO ROSALES, FRANCSICO ROSALES, TERESA ROSBIA-LAWS, JUANA SALAS, MARIA SALAS, TEODORA SALAS, JOSE D. SANCHEZ, SHEILA SANCHEZ, KAREN SANDERS, XIOMARA SANDOVAL, OMAR JOVAN F. SCOTT, JOSE SEGOVIA, MAYRA SIERRA, MARY SMITH, SAMMY SMITH, ZENAS SMITH, SR., BETTY SORIANO, MARVIN M. SORIANO, KIMBERLEY ANN STEWART, KRYSTAL STRANDLUND, PAUL J. STRNAD, DAVIDA ELAINE SUMMIT, JUDY SUMMIT, ELIZABETH TAYLOR, LINDA TAYLOR, REBECCA TAYLOR-GARRIGUS, SHEILA ANN TENANGO, LEONARD NORMAN THOMPSON, LUZ DARY TORRELLAS, HECTOR TORRES, RONAN F. TORRES, CLEM TUCKER, Ill, IDA L. TUCKER, FABIO VALLADARES, MAYRA VAZQUEZ, ANGELICA VELAZQUEZ, JEAN WAGNER, CINDY WELLS, CHARLES WHITE, JOHNNY D. WILLCUTT, ASHLEY WILLIAMS, DESSIE WILLIAMS, JENNIFER WILLIAMS, LILLIA WILLIAMS, MICHAEL WILLIAMS, CHERYL T. WINDSOR, KELLEY WINKLE, LANNY WOOTEN, BARBARA WRIGHT, JAMES WRIGHT, JOSEPH WRIGHT, VALERIE YANDELL, JAMES M. YOUNGMAN, BERTHA ABREGO, ROSE ACREE, WILLIAM AKENS, ESPARANZA ALCANTAR, ORLANDO ALCANTAR, Page 295 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action FULVIA ALEMAN, DAVID ALEXANDER, MARVIN ALEXANDER, JUAN ALFARO, JORGE ALONZO, JUANA ALVARADO, MIGUEL ALVARADO, ROBERTO ALVARADO, MARIA S. ALVARENGA, MARTHA ALVAREZ, VICTOR ALVIDREZ, ISRAEL A. AMAYA, CHRISTOPHER ANDERSON, KIMBERLY ANDERSON, ZACHARY ANDERSON, JORGE ANDRADE, DANIEL APANAVICIUS, JOSE ARCIA, ALFREDO ARIAS, JOSEFINA ARIAS, BARBARA ARNOLD, ALAN ARRINGTON, ARTEMIO AVALOS, REBEKAH AVERY AS ADMINSTRATOR OF THE ESTATE OF SAMUEL AVERY, DECEASED, IRMA AVILA, CESAR AYALA, DINA AYALA, SABINO BAHENA, NATHAN BALCH, KENNETH BARNES, CAROL BARNETT, CALLIE BARTLETT, LAURA BAUGH, LESTER BAUGH, FRANSISCO BAUTISTA, BRENDA BEECH, DOUGLAS BEECH, KEITH BELL, MARCO BELMONTE, FRANKLIN BELTRAN, DENNIS BERRY, CHONG BEWLEY, JOHN BEWLEY, TOM BIRGE, JR., CHRISSIE BISHOP, SARAH BOHLIER, RANDALL BOLEY, ROSA BONILLA DE REYES, JOSE BONILLA, MARIA BONILLA, SALVADOR BONILLA, ROBERT BOWDEN, MARK BRASHEAR, DORA BROCKMAN, JACQUELENE BROOKS, LORI BROOKS, GARY BROWN, JERRY BROWN, LINDA BROWN, THEODORE BRUCE, JR., CURTIS BRUNSTON, CLAY BRYANT, GRACE BRYANT, DANNY BURTON, RACHEL BURTON, FRANCINE BYERS, KEITH BYRUM, MEDARDO CALERO, MYRNA CALITO, LLOYD CALLAN, GARY CANADY, GENE CANADY, CARLOS CARRILLO, GLENDY CARRILLO, MIKE CARRILLO, SANDRA CARRILLO, RUDY CASTILLO, ESMERALDA CAVAZOS, ASHANTI CHENAULT, PATRICIA CHENOWITH, CHRIS CHILDERS, CHERYL CHRONISTER, WILLIAM CLARK, MARY COFFMAN, TELLAS COLLIER, BARBARA COLLINS, SHANNON COLLINS, DAVID CONNER, Page 296 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action DAVID COOK, JOYCE COOK, LINDA COOK, FELISHA COOPER, FREDA COSSEY, DENISE CRAIN, CARRIE CRAWFORD, JUAN CRISOSTOMO, JUSTIN CRISWELL, RUTH CRISWELL, WANZA CROSS, TIMOTHY DAVIDSON, ELLIS DAVIS, JR., KEETON DAVIS, KRISTINA DAVIS, ROBERT DELAVAN, HELEN DIAZ, JACINTO DIAZ, JULIANNA DITTON, ROBERT DITTON, ROSA DIXON, HEATH DOLLAR, EMERSON DOMINGUEZ-OSORIO, MARIO DORA TT, ALICE DORSETT, LEE DORSEY, CARLOS DUARTE, KATHERINE DUVALL, JIMMY EARLS, RACHEL EDLIN, BONITA EMBRY, DEIRDRE EMBRY, SUSAN EMERY, CHRISTIAN ENRIQUEZ, IRLANDA ESPINOZA, JOHNNY FLOREN, KAREN FORD, JOHNNIE FOSTER, WILLIAM FOSTER,CARYLFOWLER,RANDY FOWLER, DEBRA FREEMAN, FLOYD FREEMAN, JEFFERY FREEMAN, LAWRENCE FREEMAN, MICHAEL FREEMAN, WILLIAM FREEMAN, YONG GABHART, DANNY GALLAHER, KATHY GARRIGUS, SAMUEL GENNA, HEIDI GERING, IRMA GIRAN, ISIDRO GODOY, REBECA GODOY, ERNEST GOINS, CELIA GONZALEZ, EDIN GONZALEZ, JOSE H. GONZALEZ, MARIA GONZALEZ, LINDA GREER, THERESA GRIGSBY, ROSA GUTIERREZ, KRISTY HAGAN, DAVID HARDIN, LONNIE HARRIS, TRAVIS HARVEY, CATHY HEFLIN, DYANA HEFNER, HERMES HENRIQUEZ, BRENDA HERNANDEZ, CARMEN HERNANDEZ, GUADALUPE HERNANDEZ, HENRY HERNANDEZ, JUAN HERNANDEZ, MARIA HERNANDEZ, MERCEDES HERNANDEZ, RAUL HERNANDEZ, RENE HERNANDEZ, ROSA HERNANDEZ, VICKIE HIGGINS, EDDIE HILL, GUY HILL, PAMELA HILL, STEPHANIE HILLIS, MELVIN HIRTLER, JERRY HOLLAND, DENISE HON, JERRY HONAKER, SR., TOMMY HONAKER, KIMBERLY HOPSON, GENNIFER HORN, BERNICE HOWARD, DAVID HUARANGA, Page 297 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action CAROL HUGGINS, ANNA HUGHES, MARY HUGHES, KRYSTAL HUMPHREY, REBECCA IRWIN, ROSA IZAGUIRRE, FRANKIE JACKSON, PAUL JACKSON, LORI JAMES, JORGE JOBEL, CLINTON JONES, CRISTY JONES, BERNABE JOVEL, CECIL KEITH, DANIEL KELLEY, DUSTIN KEMP, LEMUEL KEYS, REBA KING, SHEREACIA KINNON, CHRISTINA KUGLER, OMAR LAGOS, ROXANA LAGOS, CHARLES LANE, DEANN LAYMON, TONY LAYMON, BOBBY LEDFORD, JR., KIMBERLY LEE, WILLIAM LEE, DEBRA LENHART, MICHAEL LEVEL, MIAO-HUA LIN, JOHNNY LITSEY, JERRAD LITTRELL, JOSE LOAEZA, GARRY LOPEZ, GLORIA LOPEZ, RICHARD LOVE, SR., LESLIE LOVELAND, ABDON LOZANO, JR., MARIO LOZANO, PAMELA LUTE, REINA MARCOS, ROSA MARES, CAROLINA MARTINEZ, FELIPE MARTINEZ, ROSA MARTINEZ, SANTIAGO MARTINEZ, SAUL MARTINEZ, RAQUIEL MASTERS, SANDRA MATA, BARBARA MATTHEWS, EARL MATTHEWS, MELVIN MAXWELL, EMERITA MAY, CARLA MCALISTER, CHERYL MCGEE, ANGELA MCVEY, VELMA MEADOWS, INEDA MEIMERSTORF, EDWIN MELGAR, JOSEPH MELTON, JOYCE METZ, DIANE MISENER, SANDRA MOLLOY, TERESA MONTELEONE, LOURDES MONTESINOS, MARTHA MONTOYA, SILVESTRE MONTOYA, SAMUEL MOORE, TERRY MOORE, GILBERTO MORALES, JASON MORALES, JOSE MORALES-HERRERA, SHERRY MORELL, SAMUEL MORGAN, ANGELA MORO, RHONDA MORRIS, AMANDA MORSE, KATIE MOSS, MARY MOTEN, BILL MOULDER, CHRISTOPHER MYERS, AMANDA NAVARRETE, JOSE NAVARRETE, SYLVIA NAVARRETE, JOSE NAVARRO, ERIC NEATEROUS, JANICE NEEDHAM, MICHAEL NEUMEIER, ALAN NEWBY, STAN NICHOLS, ERICA NIETO, JIMMIE NOAH, KAREN NOBLE, SABRINA O'BRIANT, DAVID O'NEAL, GERMANUS Page 298 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action ORNDORFF, Ill, MARIA ORTIZ, CELIA OSORIO, AUSTIN PADGETT, VICTOR PADILLA-RIVERA, ZOLAIDA PALACIOS, BETTY PALMER, JUAN PARADA, LESLIE PAREDES, CAROLYN PARRISH, DAVID PAZ, SHERRY PEARCE, BOBBY PEARSON, JIMMY PEASE, RENA PENDERGRAFT, RONNIE PEOPLES, LYNN PHIPPS, SHARON PHILLIPS, JEREMY PIERCE, ELENILSON PONCE, GRANT POPLIN, VICKEY POWELL, JACK PROCTOR, LACEY QUALLS, BILLY RALLS, JR., BRENDA RAMIREZ, OSMIN RAMIREZ, RAFAEL RAMIREZ, JEFF RAPPE, TERESA RAUDA, KA THARINA REED, FILEMON RENDON, MARIA RENDON, ELIZABETH REYES, IRIS REYES, JOSE REYES, LORENZO REYES, LUIS REYES, MARIA REYES, MARIA C. REYES, FRANCISCO REYNA, WILLIAM RICHARDS, ROSALIO RIVAS, FRANCISCO RIVERA, TREVA ROBERDS, WILLIAM ROBERDS, JEREMY ROBINSON, JUDY ROBINSON, BALDEMAR ROBLES, KATHERINE ROCHELL, PEGGY RODRIGUEZ, JEROME ROESLER, MICHAEL ROGERS, PATRICIA ROGERS, PEDRO ROJAS, RICARDO ROJAS, EVA ROMERO, IDALIA ROMERO, TOMAS ROMERO, LINDA ROMINE, SHIRLEY ROMINE, MATTIE ROMINES, JOSE RUIZ, GERMAN SANABRIA, MARINA SANABRIA, HOLLY SANCHEZ, FRANK SEARS, KRISTY SEARS, RAFAEL SEGURA, GLORIA SHAFER, RICKEY SHAFFER, WILLIAM SHELTON, ALLEN SIDDALL, EMILY SIMMONS, KENNETH SIMPSON, KATHRYN SIMS, MAHOGANY SMITH, PRESTON · SMITH, RHEBA SMITH, JAMES SNOW, GLORIA SNYDER, RAFAEL SORTO, FRANK SOSA, JOSEPH SOUTH, SANDY SOUVANNAKHOT, TERRI STAGGS, JAMES STANDRIDGE, BRUCE STANLEY, RACHELLE STANLEY, JOSEPH STEVENS, REGINA STEWART, DENNIS STROUD, GREGORIO SUAREZ, JERRY SWILLEY, GUADALUPE TALAMANTES, LINDA Page 299 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action TANNER, TINA TANNER, BARBARA TAURONE, SAMANTHA TAVAREZ, PAUL TAYLOR, JAIME TEJADA, ROBERT TEMPLIN, MARY TENNISON, MICHAEL TENNISON, LORI TERRY, PHILLIP THOMPSON, JR., RICHARD TILLERY ANTONIO TORRES, MICHELLE TORRES, RAUL TOVAR, URIEL TOVAR, JESSICA TRISTE, ROSEMARY TULLOUS, ZACH UNDERWOOD, PHYLLIS USHERY, CHRISTIAN VALLADARES, MANUEL VALLADARES, LOU ANN VASQUEZ, JOSHUA VAUGHAN, WANDA VAUGHAN, HIPOLITA VELASQUEZ, MARIA VELAZQUEZ, MORENA VILLACORTA, RUBEN VILLACORTA, MELVIN VINSON, KHAMPHAY VISATHEP, PHOUVIENG VISATHEP, KENNETH VOLZ, GERALD VONGPRACHANH, RICHARD WALKER, ANITA WATSON, RONNIE WATTS, LARRY WILEY, JACQUELYN WILLCUTT, CHARLES WILLIAMS, JERRY WILLIAMS, NICOLE WILLIAMS, VICKY WILLIAMS, ERIC WILSON, DIANE WINTON, MATTHEW WOLFE, MATT WOOD, SHERRY WOOD, RHONDA WOODY, STEVEN XAYADETH, MARIANO YANES, SERGIO ZAMORA, JUAN ZAVALA, AND BALENTIN ZELAYA, Each Individually and on Behalf of Others Similarly Situated, PLAINTIFFS SANFORD LAW FIRM, PLLC ONE FINANCIAL CENTER 650 S. SHACKLEFORD, SUITE 110 LITTLE ROCK, ARKANSAS 72211 TELEPHONE: (501) 221-0088 FACSIMILE: (888) 787-2040 By: ~ j;y ~ LydiaVHamlet k:klvf Ark Bar No. 2011082 lydia@sanfordlawfirm.com Page 300 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action Case 4:12-cv-00245-JM Document 297 Filed 02/20/13 Page 301 of 301 ~~KfZ= lb.~ Ark. Bar No. 2008030 vanessa@sanfordlawfirm.com and~ J sh a or PJ.. ar No. 2001037 josh@sanfordlawfirm.com CERTIFICATE OF SERVICE I, Josh Sanford, do hereby certify that on this 201h day of February, 2013, a true and correct copy of the foregoing SIXTH AMENDED AND SUBSTITUTED COMPLAINT was filed via the CM/ECF system and that the attorneys named below have consented to the electronic distribution of pleadings by the CM/ECF system: Carolyn Witherspoon, Esq. Cross, Gunter, Witherspoon & Galchus, P.C. 500 President Clinton Avenue, Suite 200 Little Rock, Arkansas 72201 Josef S. Glynias, Esq. Brittany M. Ems, Esq. Husch Blackwell, LLP The Plaza in Clayton 190 Carondelte Plaza, Suite 600 St. Louis, Missouri 63105 Christi Hilker Vaglio, Esq. Husch Blackwell, LLP 4801 Main Street, Suite 1000 Kansas City, Missouri 64112/s/Josh Sanford JOSH SANFORD Page 301 of 301 Craig Lyons, et al. v. ConAgra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JMM Sixth Amended and Substituted Complaint-Class Action

Third MOTION to Certify Class Under Rule 23 of the FRCP by All Plaintiffs

Case 4:12-cv-00245-JM Document 433 Filed 04/06/17 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION CRAIG LYONS, et al., Each Individually PLAINTIFFS and on Behalf of Others Similarly Situated vs. No. 4:12-cv-245-JM CONAGRA FOODS PACKAGED FOODS, LLC DEFENDANT d/b/a CONAGRA FOODS JOSE SARABIA, et al., PLAINTIFFS vs. No. 4:13-cv-96-JM CONAGRA FOODS PACKAGED FOODS, LLC d/b/a CONAGRA FOODS DEFENDANT RENEWED MOTION FOR RULE 23 CLASS CERTIFICATION COME NOW Plaintiffs Craig Lyons, et al., each individually and on behalf of all others similarly situated, by and through their attorneys of Sanford Law Firm, PLLC, and for their Renewed Motion for Rule 23 Class Certification, do hereby state and allege as follows: 1. Plaintiffs, approximately eight hundred and four (804) current and former hourly food production plant employees of Defendant Conagra Foods Packaged Foods, LLC d/b/a Conagra Foods (hereinafter "Defendant" or "ConAgra"), bring this suit individually and on behalf of all other current and former hourly food production plant Page 1 of 5 Craig Lyons, et al. v. Conagra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JM Renewed Motion for Rule 23 Class Certification Case 4:12-cv-00245-JM Document 433 Filed 04/06/17 Page 2 of 5 employees of Defendant in order to recover unpaid minimum and overtime wages, liquidated damages, prejudgment interest, costs, and attorneys’ fees pursuant to the Arkansas Minimum Wage Act (AMWA), Ark. Code Ann. § 11-4-201 et seq. 2. Plaintiffs bring this Motion for Rule 23 Class Certification ("Motion") based upon Federal Rule of Civil Procedure 23. 3. Plaintiffs previously moved for class certification on March 29, 2013 (ECF No. 307). The Court denied that 2013 motion as moot (ECF No. 364), but gave Plaintiffs leave to file this renewed motion after the law and facts developed. (See Scheduling Order, ECF No. 421). 4. Plaintiffs also concurrently file a Brief in Support of this Motion and fully incorporate the Brief in Support into this Motion by reference. 5. As described more fully in Plaintiffs’ Brief, discovery in this case has established that Defendant had a policy of non-payment for time that employees spent donning and doffing personal protective equipment and walking between the donning/doffing area and the time clock, and that the policy applied uniformly to more than 1,500 employees at Defendant’s Russellville facility. 6. Plaintiffs ask this Court to certify a class defined as follows: All current and former employees of Defendant who were employed as hourly employees at Defendant’s Russellville, Arkansas, plant at any time between April 24, 2009, and the present, and who were not paid for all time spent donning and doffing personal protective equipment and walking between the donning/doffing area and the time clock. 7. Plaintiffs request that this Court designate all named Plaintiffs as class representatives. 8. Plaintiffs request that this Court appoint attorneys Josh Sanford and Steve Page 2 of 5 Craig Lyons, et al. v. Conagra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JM Renewed Motion for Rule 23 Class Certification Case 4:12-cv-00245-JM Document 433 Filed 04/06/17 Page 3 of 5 Rauls and the Sanford Law Firm, PLLC, as class counsel to represent them in this case pursuant to Rule 23(g) of the Federal Rules of Civil Procedure, as supported by the Declaration of Attorney Josh Sanford, attached hereto as Exhibit 1 and incorporated herein by reference. 9. Plaintiffs request that the Court approve Plaintiffs’ proposed Notice, attached hereto as Exhibit 2 and incorporated herein by reference, and order that the same be sent to all Unnamed Class Members who fall within the class definition. 10. Plaintiffs also request that the Court grant their counsel a period of twenty-one (21) days—beginning on the date on which Defendant fully and completely releases the Unnamed Class Members’ contact information to Plaintiffs’ counsel—during which to distribute the Notice and receive opt-out requests. 11. To facilitate the sending of the Notice, see Ex. 2, Plaintiffs also respectfully ask this Court to enter an Order directing Defendant to provide the names, and last known home and work addresses, and email addresses of class members whose addresses have changed, or who were hired, since Defendant last compiled this data pursuant to this Court’s Order granting Plaintiffs’ motion to approve the sending of the Section 216 Notice, see ECF No. 190, in an electronically manipulatable format no later than two (2) weeks after the date of the entry of the Order. Plaintiffs also ask the Court to order Defendant to provide the dates of birth and partial social security numbers for any class members whose mailed notice is returned by the post office. 12. Additionally, Plaintiffs ask this Court for permission to send the proposed Notice, in their counsels’ sole discretion, in English and Spanish versions. 13. In support of their Motion, Plaintiffs file herewith and incorporate herein the Page 3 of 5 Craig Lyons, et al. v. Conagra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JM Renewed Motion for Rule 23 Class Certification Case 4:12-cv-00245-JM Document 433 Filed 04/06/17 Page 4 of 5 following exhibits: 1) Declaration of Attorney Josh Sanford 2) Proposed Class Action Notice 3) Excerpts from Plaintiffs’ Expert’s Report 4) Excerpts from ConAgra’s Employment Guide 5) Excerpts from Deposition of Reba King 6) Excerpts from Deposition of Margie Sexton 7) Excerpts from Deposition of Kimberly Lee 8) Excerpts from Deposition of Samuel Moore WHEREFORE, premises considered, Plaintiffs Craig Lyons, et al., individually and on behalf of all others similarly situated, pray that the Court certify the class as defined in this Motion pursuant to Rule 23 of the Federal Rules of Civil Procedure; that the Court designate named Plaintiffs as class representatives; that the Court appoint attorneys Steve Rauls and Josh Sanford and Sanford Law Firm, PLLC, as class counsel; that the Court approve Plaintiffs’ proposed Notice and require Defendant to disclose the requested contact information for all Unnamed Class Members as stated in this Motion; that the Court grant Plaintiffs a period of twenty-one days in which to distribute the Notice; that the Court grant Plaintiffs discretion to send the proposed Notice in English and Spanish versions; and for all other good and proper relief. Page 4 of 5 Craig Lyons, et al. v. Conagra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JM Renewed Motion for Rule 23 Class Certification Case 4:12-cv-00245-JM Document 433 Filed 04/06/17 Page 5 of 5 Respectfully submitted, CRAIG LYONS, et al., Each Individually and on Behalf of Others Similarly Situated, PLAINTIFFS SANFORD LAW FIRM, PLLC ONE FINANCIAL CENTER 650 SOUTH SHACKLEFORD, STE 411 LITTLE ROCK, ARKANSAS 72211 TELEPHONE: (501) 221-0088 FACSIMILE: (888) 787-2040 By:/s/Josh Sanford Josh Sanford Ark. Bar No. 2001037 josh@sanfordlawfirm.com CERTIFICATE OF SERVICE I, Josh Sanford, do hereby certify that on the day imprinted by the CM/ECF system, a true and correct copy of the foregoing MOTION FOR RULE 23 CLASS CERTIFICATION was filed via the CM/ECF system which will provide notice to the following attorneys of record, who have consented to the service of all pleadings by the CM/ECF system: Carolyn Witherspoon, Esq. Cross, Gunter, Witherspoon & Galchus, P.C. 500 President Clinton Avenue, Suite 200 Little Rock, Arkansas 72201 Josef S. Glynias, Esq. Brittany M. Ems, Esq. Husch Blackwell, LLP The Plaza in Clayton 190 Carondelte Plaza, Suite 600 St. Louis, Missouri 63105/s/Josh Sanford Josh Sanford Page 5 of 5 Craig Lyons, et al. v. Conagra Foods Packaged Foods, LLC U.S.D.C. (E. D. Ark.) 4:12-cv-245-JM Renewed Motion for Rule 23 Class Certification

MOTION for Summary Judgment on all Claims in Plaintiffs&#039; Complaint by All Defendants

Case 4:12-cv-00245-JM Document 438 Filed 04/28/17 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION CRAIG LYONS et al.,) On Behalf of Themselves and All Others) Similarly Situated,)) Plaintiffs,) Lead Case No. 4:12-cv-00245-JM) vs.)) CONAGRA FOODS PACKAGED FOODS,) LLC,)) Defendant.) DEFENDANT’S MOTION FOR SUMMARY JUDGMENT ON ALL CLAIMS IN PLAINTIFFS’ COMPLAINT Pursuant to Rule 56 of the Federal Rules of Civil Procedure, Local Rule 56.1, and this Court’s Order (Dkt. No. 421), Defendant ConAgra Foods Packaged Foods, LLC ("ConAgra") respectfully moves this Court for an order granting it summary judgment and dismissing all of Plaintiffs’ claims, and in support states: 1. Plaintiffs seek compensation for (1) time spent changing clothes (i.e., "donning and doffing") and walking before and after their shifts under the Arkansas Minimum Wage Act ("AMWA"), Ark. Code Ann. §§ 11-4-201 et seq., and (2) time spent checking in and checking out box cutters/knives and Kevlar gloves before and after their scheduled shifts (i.e., "tool time") under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 201 et seq., and the AMWA. 2. This Court granted summary judgment to ConAgra – twice – on Plaintiffs’ donning, doffing, and walking claims under the AMWA and FLSA. (Dkt. Nos. 360 and 402). 3. This Court modified the part of that judgment as it relates to the AMWA only after the Arkansas Supreme Court decided, in an unrelated case (Gerber Products Co. v. Hewitt, SLC-8256928-1 Case 4:12-cv-00245-JM Document 438 Filed 04/28/17 Page 2 of 4 492 S.W.3d 856 (Ark. 2016)), that the AMWA should be interpreted differently from the FLSA with respect to the deference afforded to collective bargaining partners. (Dkt. No. 360). 4. However, Gerber was recently overruled by the Arkansas General Assembly because it "misinterpreted state law." Act 914 of 2017, Ark. Laws Act 914 (H.B. 1846) (to be codified at Ark. Code Ann. §§ 11-4-205,-218,-221). 5. ConAgra respectfully joins the General Assembly in its belief. Indeed, ConAgra believes the Arkansas Supreme Court would reach a different decision were it presented with this issue again, because: (a) the court was not provided with the legislative history behind the passage of the AMWA, which provides numerous indications that the legislature went out of its way to honor and defer to the collective bargaining process; (b) that same legislative history illustrates a deference to the FLSA; and (c) the recent amendment to the AMWA passed by unanimous votes in the General Assembly is based on the legislative intent behind the initial passage of the AMWA in 1968, which provides the Arkansas Supreme Court with even clearer guidance as to the legislature’s intent. 6. Accordingly, ConAgra should be awarded judgment as a matter of law on Plaintiffs’ AMWA donning, doffing, and walking claims. 7. Furthermore, based on the undisputed facts obtained in discovery and well-settled law, Plaintiffs’ tool time claims also fail as a matter of law for either of two reasons: first, the act of checking tools in and out during or outside of a shift is not integral and indispensable to the Plaintiffs’ principal duties; second, even if the act of checking tools could be construed as integral and indispensable, the activity is de minimis and therefore noncompensable as a matter of law. Integrity Staffing Sols., Inc. v. Busk, 135 S. Ct. 513 (2014). 2 SLC-8256928-1 Case 4:12-cv-00245-JM Document 438 Filed 04/28/17 Page 3 of 4 8. Thus, ConAgra is entitled to summary judgment on Plaintiffs’ tool time claims as well. 9. ConAgra has filed a brief in support of its motion for summary judgment, as well as a joint statement of undisputed material facts. ConAgra incorporates both herein. WHEREFORE, for the foregoing reasons, Defendant ConAgra Foods Packaged Foods, LLC, moves the Court for an order granting it summary judgment and dismissing with prejudice all of Plaintiffs’ claims and for whatever other relief this Court deems just and proper. Respectfully submitted, HUSCH BLACKWELL LLP By:/s/Josef S. Glynias Josef S. Glynias – Admitted Pro Hac Vice Missouri Bar No.: 54974 Brittany M. Falkowski – Admitted Pro Hac Vice Missouri Bar No.: 62876 Andrew J. Weissler – Admitted Pro Hac Vice Missouri Bar No.: 64229 Kaytlin E. Kopen – Admitted Pro Hac Vice Missouri Bar No.: 67437 Scott D. Meyers – Admitted Pro Hac Vice Missouri Bar No.: 68266 190 Carondelet Plaza, Suite 600 Saint Louis, Missouri 63105 Telephone: (314) 480-1500 Facsimile: (314) 480-1505 joe.glynias@huschblackwell.com brittany.falkowski@huschblackwell.com aj.weissler@huschblackwell.com kayt.kopen@huschblackwell.com scott.meyers@huschblackwell.com 3 SLC-8256928-1 Case 4:12-cv-00245-JM Document 438 Filed 04/28/17 Page 4 of 4 CROSS, GUNTER, WITHERSPOON & GALCHUS, P.C. Carolyn Witherspoon, Ark. Bar No.: 78172 500 President Clinton Ave., Suite 200 Little Rock, Arkansas 72201 Tel.: (501) 371-9999 Fax: (501) 371-0035 cspoon@cgwg.com Attorneys for Defendant ConAgra Foods Packaged Foods, LLC CERTIFICATE OF SERVICE The undersigned counsel hereby certifies the foregoing was filed via the Court’s CM/ECF System on this 28th day of April, 2017 and thereby electronically served upon the following counsel of record: SANFORD LAW FIRM, PLLC Josh Sanford Lydia Hamlet Vanessa Kinney One Financial Center 650 S. Shackleford, Suite 400 Little Rock, Arkansas 72211 Telephone: (501) 221-0088 Facsimile: (888) 787-2040 josh@sanfordlawfirm.com lydia@sanfordlawfirm.com vanessa@sanfordlawfirm.com Cheslee Sizemore Mahan PO Box 39 Russellville, Arkansas 72811 Telephone: (479) 880-0088 cheslee@sanfordlawfirm.com/s/Josef S. Glynias 4 SLC-8256928-1

ORDER granting Defendant&#039;s {{438}} Motion for Summary Judgment; and denying Plaintiffs&#039; {{441}} Motion for Partial Summary Judgment. Signed by Judge James M. Moody Jr. on 8/30/2017. (mcz) Modified on 8/30/2017 to correct typographical error

Case 4:12-cv-00245-JM Document 462 Filed 08/30/17 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION CRAIG LYONS, et al., On behalf of Themselves and All Others Similarly Situated PLAINTIFFS VS. NO. 4:12CV00245 JM CONAGRA FOODS PACKAGED FOODS, LLC DEFENDANT ORDER Pending are Defendant’s motion for summary judgment on all claims, docket # 438 and Plaintiffs’ motion for partial summary judgment regarding the compensability of donning and doffing activities, docket # 441. For the reasons stated herein Defendant’s motion is GRANTED and Plaintiffs’ motion is DENIED. Plaintiffs, each individually and on behalf of all others similarly situated brought this action against ConAgra Foods for violations of the overtime provisions of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., ("FLSA") and the Arkansas Minimum Wage Act, Ark. Code Ann. § 11-4-201 et seq., ("AMWA"). Plaintiffs originally sought compensation under the FLSA and the AMWA for time spent changing clothes (i.e., "donning and doffing") and walking between the donning and doffing area and their time clocks before and after their shifts and for time spent checking in and checking out box cutters, knives and Kevlar gloves before and after their scheduled shifts("tool time"). On October 31, 2013 the Court entered an order finding that the FLSA’s Section 203(o) would apply to claims under the AMWA. By order entered September 30, 2015, the Court granted summary judgment on Plaintiffs’ federal and state claims for recovery for time spent donning, doffing and walking. Case 4:12-cv-00245-JM Document 462 Filed 08/30/17 Page 2 of 5 On July 14, 2016, the Court set aside that portion of its October 31, 2013 order finding that the FLSA’s section 203(o) would apply to claims under the AMWA in light of the Arkansas Supreme Courts holding in Gerber Prods. Co. v. Hewitt, 2016 Ark. 222 (2016). In Gerber, the Arkansas Supreme Court held that the FLSA’s 203(o) exception to donning and doffing rules for unionized employees did not apply to AMWA claims. Accordingly, Plaintiffs’ state law claims for donning, doffing and walking were revived. The 2017 Arkansas General Assembly legislatively overruled Gerber finding that the Arkansas Supreme Court "misinterpreted state law" and failed to reflect the legislature’s intent. Ark. Code Ann. §11-4-201 et seq. Specifically, Section 5 of Act 914 of the 91st General Assembly, Regular Session, 2017 provides: EMERGENCY CLAUSE. It is found and determined by the General Assembly of the State of Arkansas that a recent 4 to 3 decision by the Supreme Court in Gerber Products Company v. Hewitt, 2016 Ark. 222, 492 S.W.3d 856, is at odds with the intent of the General Assembly because it misinterpreted state law, as evidenced by the legislative history surrounding the Minimum Wage Act of the State of Arkansas, § 11-4-201 et seq., to require compensation for certain activities otherwise made noncompensable through the collective bargaining process; that the dissenting opinion in Gerber Products Company v. Hewitt better reflects the legislative intent of the General Assembly and identifies some of the dangers presented by the majority opinion, specifically that "the floodgates will open to litigation at the enormous cost to businesses in Arkansas" and that the opinion "undermines the collective-bargaining process and destroys any confidence employers and employees have in the enforceability of their agreements"; that certain activities have not been considered to be "work" under state or federal law by employers and employees in the State of Arkansas who have conducted business in reliance upon that accepted understanding; that federal law embodied in the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., along with regulations and case law interpreting the same, has for many decades established that these certain activities are not compensable "work"; that the Minimum Wage Act of the State of Arkansas, § 11-4-201 et seq., existed for 2 Case 4:12-cv-00245-JM Document 462 Filed 08/30/17 Page 3 of 5 nearly fifty years without any interpretation that such activities should be compensable "work" under any state law; and that this act is immediately necessary to legislatively overrule Gerber Products Company v. Hewitt, to clarify that the Minimum Wage Act of the State of Arkansas, § 11-4-201 et seq., incorporates and has always relied upon 29 U.S.C. § 254, which is now embodied in § 11-4-221, to define whether certain activities constitute compensable "work" under state law, and to clarify the Minimum Wage Act of the State of Arkansas's deference to collective bargaining as embodied in § 11-4-205, so as to (1) protect the sanctity of collective bargaining agreements that have been negotiated and honored so as not to require compensation for activities like those described in 29 U.S.C. § 203(o) of the Fair Labor Standards Act of 1938, and (2) protect Arkansas employers from increased business costs that would place them in a competitive disadvantage by comparison to employers in other states and that would result in irreparable economic harm to such Arkansas employers and their employees. In diversity actions the Court is generally bound by decisions of the Arkansas Supreme Court as to the meaning of Arkansas law, Curtis Lumber Co. v. Louisiana Pac. Corp., 618 F.3d 762, 771 (8th Cir. 2010), "unless there are very persuasive grounds for believing that the state’s highest court no longer would adhere to [it]" 19 Charles Alan Wright, Arthur R. Miller & Edward H. Cooper, Federal Practice and Procedure § 4507 (3d ed. 2017). The Court finds the 2017 clarifying amendment to Ark. Code Ann. §11-4-205 very persuasive grounds for believing that the Arkansas Supreme Court would no longer adhere to its holdings in Gerber. The Act’s language clearly reflects the legislature’s intent to "overrule Gerber Products Company v. Hewitt, to clarify that the Minimum Wage Act of the State of Arkansas, § 11-4-201 et seq." Further, because the motivation for Act 914 was to clarify existing law, the Court finds that the Arkansas Supreme Court would consider the amendment regardless of its effective date. See, MacSteel Div. of Quanex v. Ark. Oklahoma Gas Corp., 210 S.W.3d 878 (Ark. 2005)("Even though the amendment was not in effect at the time the complaint was filed, [the court] may consider it if the 3 Case 4:12-cv-00245-JM Document 462 Filed 08/30/17 Page 4 of 5 General Assembly did not change the prior law, but merely intended to clarify it.)1 The Court has previously determined that the collective bargaining parties at ConAgra historically excluded compensation for donning and doffing activities by longstanding custom and practice under the collective bargaining agreements in place. In light of the recent clarification provided by the General Assembly, the Court finds that the Arkansas Supreme Court would abandon its decision in Gerber and interpret the AMWA to hold that Ark. Code Ann. §11-4-205 would protect the sanctity of the collective bargaining agreement. Therefore, Plaintiffs’ state law donning, doffing and walking claims are dismissed. Finally, Plaintiffs’ tool time claims fail as a matter of law because even if the activity of checking the knives in and out from the guard shack is an intrinsic part of Plaintiffs’ principal activities, the time spent engaging in these activities was de minimis. Plaintiffs acknowledge that the process of checking out the tools takes anywhere from two to five minutes, (ECF No. 449, ¶21), and the process of returning the tools is shorter than the process of obtaining the tools and takes no more than a few minutes. (Id. at ¶27). "Most federal courts... have found a time period of ten minutes or less per day to be de minimis," further, "when deciding whether an activity should be considered de minimis the court must look at the minimum time it takes to complete the task." Musticchi v. City of Little Rock, Ark., 734 F. Supp. 2d 621, 632 (E.D. Ark. 2010). Additionally, the realities of recording the varying times for each individual who obtains tools would be administratively impractical. Accordingly, Plaintiffs’ tool time claims fail. For these reasons, Defendant’s motion for summary judgment is GRANTED and Plaintiffs’ 1 Plaintiffs reliance on J-McDaniel Constr. Co. v. Mid-Continent Casualty Co., 761 F.3d 916(8th Cir. 2014) is misplaced as the legislation in question in J-McDaniel affected substantive rights, "[l]egislation which changes substantive rights does not operate retroactively." Id. at 919. 4 Case 4:12-cv-00245-JM Document 462 Filed 08/30/17 Page 5 of 5 motion for partial summary judgment is DENIED. IT IS SO ORDERED this 30th day of August, 2017. ______________________________________ James M. Moody Jr. United States District Judge 5

JUDGMENT Consistent with the {{462}} Order entered on this date, all claims against the defendant are dismissed with prejudice. Signed by Judge James M. Moody Jr. on 8/30/2017.

Case 4:12-cv-00245-JM Document 463 Filed 08/30/17 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION CRAIG LYONS, et al., On behalf of Themselves and All Others Similarly Situated PLAINTIFFS VS. NO. 4:12CV00245 JM CONAGRA FOODS PACKAGED FOODS, LLC DEFENDANT JUDGMENT Consistent with the Order entered on this date, it is CONSIDERED, ORDERED, and ADJUDGED that all claims against the defendant are DISMISSED with prejudice. DATED this 30th day of August, 2017. _____________________________ James M. Moody Jr. United States District Judge

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1
04/24/2012
CLASS ACTION COMPLAINT with Jury Demand against Conagra Foods Packaged Foods LLC filed by Khanthalyxay La Rasavong, Tommy Applegate, Edward White, Justin Anderson, Craig Lyons, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, William Mars.(Filing fee $ 350 paid, receipt #033681; summons issued and returned to counsel). (sld) (docket text modified on 4/24/2012 to add "Class Action" and to correct spelling error)
04/24/2012
NOTICE OF DOCKET CORRECTION re 1 Complaint: docket text modified to add "Class Action". (Text entry; no document attached.)
2
05/09/2012
FIRST AMENDED and Substituted Complaint - Class Action with Jury Demand against All Defendants, filed by Khanthalyxay La Rasavong, Tommy Applegate, Edward White, Justin Anderson, Craig Lyons, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, William Mars,(adding plaintiffs Pha Nanthalansy, Anong Nanthalansy, Richard Casey and Gary Mars)
3
06/06/2012
NOTICE by Justin Anderson, Tommy Applegate, Richard Casey, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Craig Lyons, Gary Mars, William Mars, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Edward White Consent to Join -- Michael Hinman
4
06/08/2012
MOTION to Certify Class Pursuant to 29 U.S.C. § 216(b) by Justin Anderson, Tommy Applegate, Richard Casey, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Craig Lyons, Gary Mars, William Mars, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Edward White
1
Exhibit A- Plaintiffs&#039; Affidavits
2
Exhibit B- Labor Agreement Excerpts
3
Exhibit C- Proposed Notice
4
Exhibit D- Proposed Consent to Join
4 Attachments
5
06/08/2012
BRIEF IN SUPPORT re 4 Motion to Certify Class, Pursuant to 29 U.S.C. § 216(b) filed by Justin Anderson, Tommy Applegate, Richard Casey, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Craig Lyons, Gary Mars, William Mars, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Edward White.
6
06/08/2012
MOTION to Certify Class Pursuant to FRCP 23 by Justin Anderson, Tommy Applegate, Richard Casey, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Craig Lyons, Gary Mars, William Mars, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Edward White
1
Exhibit A- Sanford Affidavit
2
Exhibit B- Proposed Notice
2 Attachments
7
06/08/2012
BRIEF IN SUPPORT re 6 Motion to Certify Class, Pursuant to FRCP 23 filed by Justin Anderson, Tommy Applegate, Richard Casey, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Craig Lyons, Gary Mars, William Mars, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Edward White.
8
06/12/2012
NOTICE by Justin Anderson, Tommy Applegate, Richard Casey, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Craig Lyons, Gary Mars, William Mars, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Edward White Consent to Join Collective Action -- Brian Massey and Wanda Thompson
9
06/13/2012
AFFIDAVIT of Service of Summons and Complaint and First Amended Complaint and two class motions and briefs (Doc. Nos 1, 2 and 4 through 7, filed by Khanthalyxay La Rasavong, Pha Nanthalansy, Gary Mars, Edward White, Anong Nanthalansy, Craig Lyons, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, William Mars. Conagra Foods Packaged Foods LLC served on 6/12/2012.
10
06/19/2012
NOTICE by Justin Anderson, Tommy Applegate, Richard Casey, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Craig Lyons, Gary Mars, William Mars, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Edward White Consent to Join -- Bradley Mayfield
11
06/20/2012
NOTICE by Justin Anderson, Tommy Applegate, Richard Casey, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Craig Lyons, Gary Mars, William Mars, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Edward White Consents to Join -- Mary Wewer and Amy Anderson
12
06/21/2012
NOTICE by Justin Anderson, Tommy Applegate, Richard Casey, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Craig Lyons, Gary Mars, William Mars, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Edward White Consent to Join -- Larry Dodson
13
06/21/2012
NOTICE by Justin Anderson, Tommy Applegate, Richard Casey, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Craig Lyons, Gary Mars, William Mars, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Edward White Consent to Join -- Allen Young
14
06/26/2012
NOTICE by Justin Anderson, Tommy Applegate, Richard Casey, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Craig Lyons, Gary Mars, William Mars, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Edward White Consent to Join -- Lisa Jones
15
06/26/2012
NOTICE by Justin Anderson, Tommy Applegate, Richard Casey, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Craig Lyons, Gary Mars, William Mars, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Edward White Consent to Join -- Bobby Anderson
16
06/26/2012
MOTION for Leave to File Second Amended and Substitued Complaint by Justin Anderson, Tommy Applegate, Richard Casey, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Craig Lyons, Gary Mars, William Mars, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Edward White
1
Exhibit A -- Proposed Second Amended and Substituted Complaint
1 Attachment
17
06/26/2012
NOTICE by Justin Anderson, Tommy Applegate, Richard Casey, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Craig Lyons, Gary Mars, William Mars, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Edward White Consent to Join -- Pam Evans
18
06/27/2012
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 16 Motion for Leave to File a second amended complaint. Plaintiffs may file their second amended and substituted complaint within five days of the entry of this order. Signed by Judge James M. Moody on 6/27/12.
19
06/27/2012
NOTICE by Justin Anderson, Tommy Applegate, Richard Casey, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Craig Lyons, Gary Mars, William Mars, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Edward White Consent to Join -- Onita Martin
20
06/28/2012
SECOND AMENDED AND SUBSTITUTED COMPLAINT - CLASS ACTION, with Jury Demand against deft Conagra Foods Packaged Foods LLC, filed by pltfs Tommy Applegate, Gary Mars, Edward White, Anong Nanthalansy, Craig Lyons, Gerald Fisher, Jr, James Geary, Khanthalyxay La Rasavong, Pha Nanthalansy, Justin Anderson, Richard Casey, William Mars, Brandon Etzkorn, Larry Dodson, Wanda Thompson, Michael Hinman, Lisa Jones, Bobby Anderson, Alan Young, Mary Wewer, Bradley Mayfield, Amy Anderson and Brian Massey
21
06/28/2012
NOTICE by Amy Anderson, Bobby Anderson, Justin Anderson, Tommy Applegate, Richard Casey, Larry Dodson, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Michael Hinman, Lisa Jones, Craig Lyons, Gary Mars, William Mars, Brian Massey, Bradley Mayfield, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Wanda Thompson, Mary Wewer, Edward White, Alan Young Consent to Join -- Wilma Garrison
22
06/28/2012
NOTICE by Amy Anderson, Bobby Anderson, Justin Anderson, Tommy Applegate, Richard Casey, Larry Dodson, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Michael Hinman, Lisa Jones, Craig Lyons, Gary Mars, William Mars, Brian Massey, Bradley Mayfield, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Wanda Thompson, Mary Wewer, Edward White, Alan Young Consent to Join -- Tammy Hudson
23
06/28/2012
NOTICE by Amy Anderson, Bobby Anderson, Justin Anderson, Tommy Applegate, Richard Casey, Larry Dodson, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Michael Hinman, Lisa Jones, Craig Lyons, Gary Mars, William Mars, Brian Massey, Bradley Mayfield, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Wanda Thompson, Mary Wewer, Edward White, Alan Young Consent to Join -- Shannon Mixon
24
06/29/2012
NOTICE by Amy Anderson, Bobby Anderson, Justin Anderson, Tommy Applegate, Richard Casey, Larry Dodson, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Michael Hinman, Lisa Jones, Craig Lyons, Gary Mars, William Mars, Brian Massey, Bradley Mayfield, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Wanda Thompson, Mary Wewer, Edward White, Alan Young Consent to Join -- Angela Thompson
25
06/29/2012
NOTICE by Amy Anderson, Bobby Anderson, Justin Anderson, Tommy Applegate, Richard Casey, Larry Dodson, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Michael Hinman, Lisa Jones, Craig Lyons, Gary Mars, William Mars, Brian Massey, Bradley Mayfield, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Wanda Thompson, Mary Wewer, Edward White, Alan Young Consent to Join -- Freddie Cogburn, Jr.
26
06/29/2012
NOTICE by Amy Anderson, Bobby Anderson, Justin Anderson, Tommy Applegate, Richard Casey, Larry Dodson, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Michael Hinman, Lisa Jones, Craig Lyons, Gary Mars, William Mars, Brian Massey, Bradley Mayfield, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Wanda Thompson, Mary Wewer, Edward White, Alan Young Consent to Join -- Ezell Cotton
27
06/29/2012
NOTICE by Amy Anderson, Bobby Anderson, Justin Anderson, Tommy Applegate, Richard Casey, Larry Dodson, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Michael Hinman, Lisa Jones, Craig Lyons, Gary Mars, William Mars, Brian Massey, Bradley Mayfield, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Wanda Thompson, Mary Wewer, Edward White, Alan Young Consent to Join -- John Cowen
28
06/29/2012
NOTICE by Amy Anderson, Bobby Anderson, Justin Anderson, Tommy Applegate, Richard Casey, Larry Dodson, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Michael Hinman, Lisa Jones, Craig Lyons, Gary Mars, William Mars, Brian Massey, Bradley Mayfield, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Wanda Thompson, Mary Wewer, Edward White, Alan Young Consent to Join -- Helen Landenberger
29
06/29/2012
NOTICE by Amy Anderson, Bobby Anderson, Justin Anderson, Tommy Applegate, Richard Casey, Larry Dodson, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Michael Hinman, Lisa Jones, Craig Lyons, Gary Mars, William Mars, Brian Massey, Bradley Mayfield, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Wanda Thompson, Mary Wewer, Edward White, Alan Young Consent to Join -- Cathy Parker
30
06/29/2012
NOTICE by Amy Anderson, Bobby Anderson, Justin Anderson, Tommy Applegate, Richard Casey, Larry Dodson, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Michael Hinman, Lisa Jones, Craig Lyons, Gary Mars, William Mars, Brian Massey, Bradley Mayfield, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Wanda Thompson, Mary Wewer, Edward White, Alan Young Consent to Join -- Nancy Sorenson
31
06/29/2012
NOTICE by Amy Anderson, Bobby Anderson, Justin Anderson, Tommy Applegate, Richard Casey, Larry Dodson, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Michael Hinman, Lisa Jones, Craig Lyons, Gary Mars, William Mars, Brian Massey, Bradley Mayfield, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Wanda Thompson, Mary Wewer, Edward White, Alan Young Consent to Join -- Dennis Weir
32
07/03/2012
NOTICE by Amy Anderson, Bobby Anderson, Justin Anderson, Tommy Applegate, Richard Casey, Larry Dodson, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Michael Hinman, Lisa Jones, Craig Lyons, Gary Mars, William Mars, Brian Massey, Bradley Mayfield, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Wanda Thompson, Mary Wewer, Edward White, Alan Young Consent to Join -- Debra Carter
33
07/03/2012
NOTICE by Amy Anderson, Bobby Anderson, Justin Anderson, Tommy Applegate, Richard Casey, Larry Dodson, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Michael Hinman, Lisa Jones, Craig Lyons, Gary Mars, William Mars, Brian Massey, Bradley Mayfield, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Wanda Thompson, Mary Wewer, Edward White, Alan Young Consent to Join -- Patricia Hamilton
34
07/03/2012
NOTICE by Amy Anderson, Bobby Anderson, Justin Anderson, Tommy Applegate, Richard Casey, Larry Dodson, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Michael Hinman, Lisa Jones, Craig Lyons, Gary Mars, William Mars, Brian Massey, Bradley Mayfield, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Wanda Thompson, Mary Wewer, Edward White, Alan Young Consent to Join -- Sylvia McVay
35
07/03/2012
NOTICE by Amy Anderson, Bobby Anderson, Justin Anderson, Tommy Applegate, Richard Casey, Larry Dodson, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Michael Hinman, Lisa Jones, Craig Lyons, Gary Mars, William Mars, Brian Massey, Bradley Mayfield, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Wanda Thompson, Mary Wewer, Edward White, Alan Young Consent to Join -- Margie Sexton
36
07/07/2012
NOTICE by Amy Anderson, Bobby Anderson, Justin Anderson, Tommy Applegate, Richard Casey, Larry Dodson, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Michael Hinman, Lisa Jones, Craig Lyons, Gary Mars, William Mars, Brian Massey, Bradley Mayfield, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Wanda Thompson, Mary Wewer, Edward White, Alan Young Consent to Join -- Shirley Cato
37
07/07/2012
NOTICE by Amy Anderson, Bobby Anderson, Justin Anderson, Tommy Applegate, Richard Casey, Larry Dodson, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Michael Hinman, Lisa Jones, Craig Lyons, Gary Mars, William Mars, Brian Massey, Bradley Mayfield, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Wanda Thompson, Mary Wewer, Edward White, Alan Young Consent to Join -- Lynda Collins
38
07/07/2012
NOTICE by Amy Anderson, Bobby Anderson, Justin Anderson, Tommy Applegate, Richard Casey, Larry Dodson, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Michael Hinman, Lisa Jones, Craig Lyons, Gary Mars, William Mars, Brian Massey, Bradley Mayfield, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Wanda Thompson, Mary Wewer, Edward White, Alan Young Consent to Join -- Angela Patrick (Docket text modified on 7/9/2012 to correct name.)
39
07/07/2012
NOTICE by Amy Anderson, Bobby Anderson, Justin Anderson, Tommy Applegate, Richard Casey, Larry Dodson, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Michael Hinman, Lisa Jones, Craig Lyons, Gary Mars, William Mars, Brian Massey, Bradley Mayfield, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Wanda Thompson, Mary Wewer, Edward White, Alan Young Consent to Join -- Marilyn Jones
07/09/2012
NOTICE OF DOCKET CORRECTION re: 38 Consent to Join. CORRECTION: The docket text was modified to indicate the document was signed by Angela Patrick. (Text entry; no document attached.)
40
07/11/2012
NOTICE by Amy Anderson, Bobby Anderson, Justin Anderson, Tommy Applegate, Richard Casey, Larry Dodson, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Michael Hinman, Lisa Jones, Craig Lyons, Gary Mars, William Mars, Brian Massey, Bradley Mayfield, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Wanda Thompson, Mary Wewer, Edward White, Alan Young Consent to Join -- Brenda Mathis
41
07/11/2012
NOTICE by Amy Anderson, Bobby Anderson, Justin Anderson, Tommy Applegate, Richard Casey, Larry Dodson, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Michael Hinman, Lisa Jones, Craig Lyons, Gary Mars, William Mars, Brian Massey, Bradley Mayfield, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Wanda Thompson, Mary Wewer, Edward White, Alan Young Consent to Join -- Kenneth Thompson
42
07/13/2012
NOTICE of Appearance by Carolyn B. Witherspoon on behalf of All Defendants
43
07/13/2012
Unopposed MOTION for Extension of Time to File Answer re 20 Amended Complaint, by Conagra Foods Packaged Foods LLC
44
07/13/2012
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 43 Motion for Extension of Time to Answer. Defendant's time to answer or otherwise respond to Plaintiff's Second Amended and Substituted Complaint is extended up to and including the deadline for answering Plaintiff's forthcoming Third Amended and Substituted Complaint. Signed by Judge James M. Moody on 7/13/12.
45
07/16/2012
NOTICE by Amy Anderson, Bobby Anderson, Justin Anderson, Tommy Applegate, Richard Casey, Larry Dodson, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Michael Hinman, Lisa Jones, Craig Lyons, Gary Mars, William Mars, Brian Massey, Bradley Mayfield, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Wanda Thompson, Mary Wewer, Edward White, Alan Young Consent to Join -- Mechelle Lovejoy
46
07/18/2012
NOTICE by Amy Anderson, Bobby Anderson, Justin Anderson, Tommy Applegate, Richard Casey, Larry Dodson, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Michael Hinman, Lisa Jones, Craig Lyons, Gary Mars, William Mars, Brian Massey, Bradley Mayfield, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Wanda Thompson, Mary Wewer, Edward White, Alan Young Consent to Joine -- Connie Carrington
47
07/19/2012
NOTICE by Amy Anderson, Bobby Anderson, Justin Anderson, Tommy Applegate, Richard Casey, Larry Dodson, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Michael Hinman, Lisa Jones, Craig Lyons, Gary Mars, William Mars, Brian Massey, Bradley Mayfield, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Wanda Thompson, Mary Wewer, Edward White, Alan Young Consents to Join -- Jeremy Jones and Patricia Nelson
48
07/20/2012
NOTICE by Amy Anderson, Bobby Anderson, Justin Anderson, Tommy Applegate, Richard Casey, Larry Dodson, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Michael Hinman, Lisa Jones, Craig Lyons, Gary Mars, William Mars, Brian Massey, Bradley Mayfield, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Wanda Thompson, Mary Wewer, Edward White, Alan Young Consents to Join -- Paul Rodriguez and Jeffrey Monteleone and Sharon Freeman and Linda Coffman and Leonard Coffman
49
07/20/2012
NOTICE by Amy Anderson, Bobby Anderson, Justin Anderson, Tommy Applegate, Richard Casey, Larry Dodson, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Michael Hinman, Lisa Jones, Craig Lyons, Gary Mars, William Mars, Brian Massey, Bradley Mayfield, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Wanda Thompson, Mary Wewer, Edward White, Alan Young Consent to Join -- Sharon Curtis
50
07/20/2012
NOTICE by Amy Anderson, Bobby Anderson, Justin Anderson, Tommy Applegate, Richard Casey, Larry Dodson, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Michael Hinman, Lisa Jones, Craig Lyons, Gary Mars, William Mars, Brian Massey, Bradley Mayfield, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Wanda Thompson, Mary Wewer, Edward White, Alan Young Consent to Join -- Charles Davis
51
07/20/2012
NOTICE by Amy Anderson, Bobby Anderson, Justin Anderson, Tommy Applegate, Richard Casey, Larry Dodson, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Michael Hinman, Lisa Jones, Craig Lyons, Gary Mars, William Mars, Brian Massey, Bradley Mayfield, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Wanda Thompson, Mary Wewer, Edward White, Alan Young Consent to Join -- Cecil Foster, Jr.
52
07/20/2012
NOTICE by Amy Anderson, Bobby Anderson, Justin Anderson, Tommy Applegate, Richard Casey, Larry Dodson, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Michael Hinman, Lisa Jones, Craig Lyons, Gary Mars, William Mars, Brian Massey, Bradley Mayfield, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Wanda Thompson, Mary Wewer, Edward White, Alan Young Consent to Join -- Doug Wheatley (Docket text modified on 7/24/2012 to correct the description of the document filed.)
53
07/21/2012
NOTICE by Amy Anderson, Bobby Anderson, Justin Anderson, Tommy Applegate, Richard Casey, Larry Dodson, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Michael Hinman, Lisa Jones, Craig Lyons, Gary Mars, William Mars, Brian Massey, Bradley Mayfield, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Wanda Thompson, Mary Wewer, Edward White, Alan Young Consent to Join -- Genella Smith
54
07/21/2012
NOTICE by Amy Anderson, Bobby Anderson, Justin Anderson, Tommy Applegate, Richard Casey, Larry Dodson, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Michael Hinman, Lisa Jones, Craig Lyons, Gary Mars, William Mars, Brian Massey, Bradley Mayfield, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Wanda Thompson, Mary Wewer, Edward White, Alan Young Consent to Join -- Scot Smith
55
07/21/2012
MOTION for Leave to File Third Amended and Substituted Complaint by Amy Anderson, Bobby Anderson, Justin Anderson, Tommy Applegate, Richard Casey, Larry Dodson, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Michael Hinman, Lisa Jones, Craig Lyons, Gary Mars, William Mars, Brian Massey, Bradley Mayfield, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Wanda Thompson, Mary Wewer, Edward White, Alan Young
1
Exhibit A -- Proposed Thrd Amended and Substituted Complaint
2
Document Exhibit A to Third Amended and Substituted Complaint
2 Attachments
56
07/23/2012
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 55 Motion for Leave to File Third Amended Complaint. Plaintiffs may file their third amended complaint within five (5) days of the entry of this order. Signed by Judge James M. Moody on 7/23/12.
57
07/23/2012
NOTICE by Amy Anderson, Bobby Anderson, Justin Anderson, Tommy Applegate, Richard Casey, Larry Dodson, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Michael Hinman, Lisa Jones, Craig Lyons, Gary Mars, William Mars, Brian Massey, Bradley Mayfield, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Wanda Thompson, Mary Wewer, Edward White, Alan Young Consent to Join -- Holly Johnson
07/24/2012
NOTICE OF DOCKET CORRECTION re: 52 Notice. CORRECTION: The docket entry was modified to correct the description of the document to Doug Wheatley. (Text entry; no document attached.)
58
07/24/2012
NOTICE by Amy Anderson, Bobby Anderson, Justin Anderson, Tommy Applegate, Richard Casey, Larry Dodson, Brandon Etzkorn, Gerald Fisher, Jr, James Geary, Michael Hinman, Lisa Jones, Craig Lyons, Gary Mars, William Mars, Brian Massey, Bradley Mayfield, Anong Nanthalansy, Pha Nanthalansy, Khanthalyxay La Rasavong, Wanda Thompson, Mary Wewer, Edward White, Alan Young Consents to Join -- Michele Turner, Brian Tarkington, Sandra Kellybrew, Raymond Davis and David Glover
59
07/25/2012
THIRD AMENDED & SUBSTITUTED COMPLAINT - CLASS ACTION with Jury Demand against Conagra Foods Packaged Foods LLC, filed by Plaintiffs. (sld) (Docket text modified on 7/26/2012 to correct the party filers.)
07/26/2012
NOTICE OF DOCKET CORRECTION re: 59 THIRD AMENDED & SUBSTITUTED COMPLAINT. CORRECTION: The docket entry was modified to correct the party filers as all Plaintiffs. (Text entry; no document attached.)
60
07/27/2012
NOTICE filed by All Plaintiffs Consents to Join -- Amanda Martin and Cathy Radcliff (Docket Text modified to shorten the party filer text on 1/25/2013.)
61
07/27/2012
NOTICE filed by All Plaintiffs Consents to Join --Phyllis Lanoy and Laura Washington (Docket Text modified to shorten the party filer text on 1/25/2013.)
62
07/30/2012
NOTICE filed by All Plaintiffs Consent to Join -- Diana Roesler (Docket Text modified to shorten the party filer text on 1/25/2013.)
63
07/31/2012
NOTICE filed by All Plaintiffs Consent to Join -- Paula Wilson (Docket Text modified to shorten the party filer text on 1/25/2013.)
64
08/01/2012
NOTICE filed by All Plaintiffs Consent to Join -- Brent Duvall (Docket Text modified to shorten the party filer text on 1/25/2013.)
65
08/01/2012
NOTICE filed by All Plaintiffs Consents to Join -- Dora Perdido-Russell and Chris Russell (Docket Text modified to shorten the party filer text on 1/25/2013.)
66
08/02/2012
NOTICE filed by All Plaintiffs Consents to Join -- Alicia Partida and Steve Wilson (Docket Text modified to shorten the party filer text on 1/25/2013.)
67
08/03/2012
NOTICE filed by All Plaintiffs Consent to Join -- Katie Hency (Docket Text modified to shorten the party filer text on 1/25/2013.)
68
08/06/2012
NOTICE filed by All Plaintiffs Consent to Join -- Monica DeLeon (Docket Text modified to shorten the party filer text on 1/25/2013.)
69
08/06/2012
NOTICE filed by All Plaintiffs Consents to Join -- Ramiro Alonso and Sirina Arias (Docket Text modified to shorten the party filer text on 1/25/2013.)
70
08/07/2012
NOTICE filed by All Plaintiffs Consent to Join -- Julie Turley (Docket Text modified to shorten the party filer text on 1/25/2013.)
71
08/08/2012
Unopposed MOTION for Leave to File Fourth Amended and Substituted Complaint by All Plaintiff's
1
Exhibit A -- Proposed Fourth Amended and Substituted Complaint) (Docket Text modified to shorten the party filer text on 1/28/2013.) (jak
1 Attachment
72
08/08/2012
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 71 Motion for Leave to File Plaintiffs' Fourth Amended and Substituted Complaint. Plaintiffs may file their Fourth Amended Complaint within five (5) days of the entry of this Order. Signed by Judge James M. Moody on 8/8/12.
73
08/09/2012
NOTICE filed by All Plaintiffs Consent to Join -- Armando Cabello (Docket Text modified to shorten the party filer text on 1/25/2013.)
74
08/09/2012
NOTICE filed by All Plaintiffs Consent to Join -- Gail DeBardelaben (Docket Text modified to shorten the party filer text on 1/25/2013.)
75
08/09/2012
NOTICE filed by All Plaintiffs Consents to Join -- Connie Hollis and Josh Poirier and Edith Pledger (Docket Text modified to shorten the party filer text on 1/25/2013.)
76
08/10/2012
MOTION for Leave to Appear Pro Hac Vice by Brittany M. Ems by Conagra Foods Packaged Foods LLC
77
08/10/2012
MOTION for Leave to Appear Pro Hac by Josef S. Glynias by Conagra Foods Packaged Foods LLC
78
08/10/2012
MOTION for Leave to Appear Pro Hac Vice by Christi Hilker Vaglio by Conagra Foods Packaged Foods LLC
79
08/10/2012
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 76 Motion for Leave to Appear pro hac vice. Brittany M. Ems may appear pro hac vice on behalf of the Defendant. Signed by Judge James M. Moody on 8/10/12.
80
08/10/2012
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 77 Motion for Leave to Appear pro hac vice. Josef S. Glynias may appear pro hac vice on behalf of the Defendant. Signed by Judge James M. Moody on 8/10/12.
81
08/10/2012
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 78 Motion for Leave to Appear pro hac vice. Christi Hilker Vaglio may appear pro hac vice on behalf of the Defendant. Signed by Judge James M. Moody on 8/10/12.
82
08/10/2012
NOTICE filed by All Plaintiffs Consents to Join -- Edward Robinson and Jimmy O'Brian and Doy England (Docket Text modified to shorten the party filer text on 1/25/2013.)
83
08/13/2012
NOTICE filed by All Plaintiffs Amended Consent to Join -- Wayne O'Briant (Docket Text modified to shorten the party filer text on 1/25/2013.)
84
08/13/2012
NOTICE filed by All Plaintiffs Consent to Join -- Warren Cowen (Docket Text modified to shorten the party filer text on 1/25/2013.)
85
08/13/2012
NOTICE filed by All Plaintiffs Consent to Join -- Marianne Johnson (Docket Text modified to shorten the party filer text on 1/25/2013.)
86
08/13/2012
NOTICE filed by All Plaintiffs Consent to Join -- Claudia De Paz (Docket Text modified to shorten the party filer text on 1/25/2013.)
87
08/13/2012
FOURTH AMENDED and SUBSTITUTED COMPLAINT - Class Action with Jury Demand against Conagra Foods Packaged Foods LLC, filed by Raymond Davis, Holly Johnson, Monica DeLeon, Steve Wilson, Paula Wilson, Ramiro Alonso, Julie Turley, Amanda Martin, Phyllis Lanoy, Sandra Kellybrew, Alicia Partida, Laura Washington, David Glover, Chris Russell, Dora Perdido-Russell, Brian Tarkington, Diana Roesler, Michele Turner, Cathy Radcliff, Sirina Arias, Brent Duvall, Katie Hency
1
Exhibit A - Consents to Join Collective Action) (jap
1 Attachment
88
08/14/2012
NOTICE of Appearance by Cheslee Sizemore Mahan on behalf of All Plaintiff's (Docket Text modified to shorten the party filer text on 1/28/2013.)
89
08/14/2012
NOTICE of Appearance by Vanessa Kinney on behalf of All Plaintiffs
90
08/14/2012
NOTICE filed by All Plaintiffs Consents to Join -- Sammy Smith and Stephanie Jackson (Docket Text modified to shorten the party filer text on 1/25/2013.)
91
08/14/2012
NOTICE filed by All Plaintiffs Consents to Join -- Brenda Bell and Jose Luis Ochoa Alvarado and Tammy Rogers (Docket Text modified to shorten the party filer text on 1/25/2013.)
92
08/15/2012
NOTICE filed by All Plaintiffs Consents to Join -- Elizabeth Taylor and Krystal Strandlund and Teresa Rosbia-Laws and Leona Roberds and Debra Coonce (Docket Text modified to shorten the party filer text on 1/25/2013.)
93
08/16/2012
NOTICE filed by All Plaintiffs Consents to Join -- Pamela Freitas and Dessie Williams and Lillia Williams and Mary Smith (Docket Text modified to shorten the party filer text on 1/25/2013.)
94
08/16/2012
NOTICE filed by All Plaintiffs Consents to Join -- Joshua Fryar and Debbie Glass and Charlotte Cummings and Barbara DeVore and Wayman James and Michael Williams and Jennifer Williams and Karen Sanders and Sunny James and Judy Summit (Docket Text modified to shorten the party filer text on 1/25/2013.)
95
08/17/2012
NOTICE filed by All Plaintiffs Consent to Join --Cheryl Windsor (Docket Text modified to shorten the party filer text on 1/25/2013.)
96
08/17/2012
NOTICE filed by All Plaintiffs Consents to Join -- Laura Balch and Joanna Ford (Docket Text modified to shorten the party filer text on 1/25/2013.)
97
08/17/2012
NOTICE filed by All Plaintiffs Consent to Join -- Donnal Hudson (Docket Text modified to shorten the party filer text on 1/25/2013.)
98
08/20/2012
NOTICE filed by All Plaintiffs Consents to Join -- Ruth Demmitt and Eric Criswell, Sr., and Linda Calvin and Eddie Renier and Jarman Moody (Docket Text modified to shorten the party filer text on 1/25/2013.)
99
08/20/2012
NOTICE filed by All Plaintiffs Consents to Join -- Jimmy Roberds and Manuel Ramirez and Richard Choate and Nancy Hentschel and Victoria Heaton and Davida Summit and Donna Johnson and Mary Price (Docket Text modified to shorten the party filer text on 1/25/2013.)
100
08/21/2012
NOTICE filed by All Plaintiffs Consents to Join -- Sharon Oliver and Johnny Willcutt and Deborah Mahan and Earnest Brown (Docket Text modified to shorten the party filer text on 1/25/2013.)
101
08/22/2012
NOTICE filed by All Plaintiffs Consents to Join -- Alex Arias and Nestor Gonzalez and Priscilla Noblett and Carrie Murchison and Ashley Williams and Cindy Phalan (Docket Text modified to shorten the party filer text on 1/25/2013.)
102
08/23/2012
NOTICE filed by All Plaintiffs Consents to Join -- Maria Morales and Juana Salas and Bonnie McNamara and Rosa Herrera (Docket Text modified to shorten the party filer text on 1/25/2013.)
103
08/23/2012
NOTICE filed by All Plaintiffs Cosent to Join -- Christine Bristol (Docket Text modified to shorten the party filer text on 1/25/2013.)
104
08/24/2012
NOTICE filed by All Plaintiffs Consents to Join -- Marsha Hackler and Elizabeth Moudy and Irvin Lemarr and Jessie Cooper (Docket Text modified to shorten the party filer text on 1/25/2013.)
105
08/24/2012
NOTICE filed by All Plaintiffs Consent to Join -- Elizabeth Garcia (Docket Text modified to shorten the party filer text on 1/25/2013.)
106
08/27/2012
NOTICE filed by All Plaintiffs Consents to Join -- Rebecca Lacy and Anthony Brown (Docket Text modified to shorten the party filer text on 1/25/2013.)
107
08/27/2012
NOTICE filed by All Plaintiffs Consents to Join -- Kimberley Stewart and Randy Clark (Docket Text modified to shorten the party filer text on 1/25/2013.)
108
08/27/2012
NOTICE filed by All Plaintiffs Consents to Join -- Cynthia McDaniel and Oscar Mena and Adrianna Mena and Donna Diggs (Docket Text modified to shorten the party filer text on 1/25/2013.)
109
08/28/2012
NOTICE filed by All Plaintiffs Consent to Join -- Rebecca Garrigus (Docket Text modified to shorten the party filer text on 1/25/2013.)
110
08/29/2012
NOTICE filed by All Plaintiffs Consents to Join -- Hernandez and Orozco and Torrellas and Benge (Docket Text modified to shorten the party filer text on 1/25/2013.)
111
08/30/2012
NOTICE filed by All Plaintiffs Consent to Join of Juan Carlos Morales (Docket Text modified to shorten the party filer text on 1/25/2013.)
112
08/30/2012
Unopposed MOTION to Extend Time to Answer by Conagra Foods Packaged Foods LLC
113
08/31/2012
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 112 Motion to Extend Time. Defendant will have up to and including September 4, 2012 in which to file an answer or responsive pleading to Plaintiffs' Fourth Amended Complaint. Signed by Judge James M. Moody on 8/31/12.
114
08/31/2012
NOTICE filed by All Plaintiffs Consents to Join -- Jorge Rodriguez and Jose Ochoa (Docket Text modified to shorten the party filer text on 1/25/2013.)
115
08/31/2012
NOTICE filed by All Plaintiffs Consent to Join -- Linda Taylor (Docket Text modified to shorten the party filer text on 1/25/2013.)
116
08/31/2012
NOTICE filed by All Plaintiffs Consents to Join -- Tammy Morton and Belinda Rodriguez and James Youngman (Docket Text modified to shorten the party filer text on 1/25/2013.)
117
09/04/2012
NOTICE filed by All Plaintiffs Consents to Join -- Richard Fryar and Jean Wagner and Kathy Fryar (Docket Text modified to shorten the party filer text on 1/25/2013.)
118
09/04/2012
ANSWER to 87 Amended Complaint, by Conagra Foods Packaged Foods LLC.
119
09/04/2012
STIPULATION (Joint) to Conditional Certification of the FLSA Class Under 29 USC 216(b) by Conagra Foods Packaged Foods LLC.
120
09/04/2012
NOTICE filed by All Plaintiffs Consents to Join -- Lila Pease and Clem Tucker III and Ida Tucker (Docket Text modified to shorten the party filer text on 1/25/2013.)
121
09/04/2012
NOTICE filed by All Plaintiffs Consents to Join -- Ignacio Garcia and Walter Orellana (Docket Text modified to shorten the party filer text on 1/25/2013.)
122
09/05/2012
NOTICE filed by All Plaintiffs Consents to Join -- Mercedes Campos and Nelson Cruz and Vicente Campos and Clifford Davis and Porfirio Aparicio and Leonard Thompson and Ellis Davis and Lenard Brown (Docket Text modified to shorten the party filer text on 1/25/2013.)
123
09/05/2012
NOTICE filed by All Plaintiffs Consent to Join -- Juan Paz (Docket Text modified to shorten the party filer text on 1/25/2013.)
124
09/07/2012
NOTICE filed by All Plaintiffs Consents to Join -- Marvin Soriano and Betty Soriano and James George (Docket Text modified to shorten the party filer text on 1/25/2013.)
125
09/07/2012
NOTICE filed by All Plaintiffs Consent to Join -- Nancy Havenstrite (Docket Text modified to shorten the party filer text on 1/25/2013.)
126
09/07/2012
NOTICE filed by All Plaintiffs Consent to Join -- Alexander Blandon (Docket Text modified to shorten the party filer text on 1/25/2013.)
127
09/07/2012
NOTICE filed by All Plaintiffs Consent to Join -- Alex Bonilla (Docket Text modified to shorten the party filer text on 1/25/2013.)
128
09/10/2012
NOTICE filed by All Plaintiffs Consents to Join -- Ratael Arrellano and Veronica Abarca (Docket Text modified to shorten the party filer text on 1/25/2013.)
129
09/10/2012
MOTION to Strike Certain Affirmative Defenses by All Plaintiff's (Docket Text modified to shorten the party filer text on 1/28/2013.)
130
09/10/2012
BRIEF IN SUPPORT re 129 Motion to Strike, Certain Affirmative Defenses filed by All Plaintiff's. (Docket Text modified to shorten the party filer text on 1/28/2013.)
131
09/11/2012
NOTICE filed by All Plaintiffs Consents to Join -- Carrie Reyes and Gerordo Reyes and Carol Lievsay (Docket Text modified to shorten the party filer text on 1/25/2013.)
132
09/11/2012
NOTICE filed by All Plaintiffs Consent to Join -- Eddie Davis (Docket Text modified to shorten the party filer text on 1/25/2013.)
133
09/12/2012
NOTICE filed by All Plaintiffs Consents to Join -- Jael Rivera and Jose Sanchez (Docket Text modified to shorten the party filer text on 1/25/2013.)
134
09/12/2012
NOTICE filed by All Plaintiffs Consent to Join -- Sheila Tenango (Docket Text modified to shorten the party filer text on 1/25/2013.) (jak).
135
09/12/2012
NOTICE filed by All Plaintiffs Consents to Join -- Angelica Velazquez and Connie Bryant and Sonya Leavell (Docket Text modified to shorten the party filer text on 1/25/2013.)
136
09/13/2012
NOTICE filed by All Plaintiffs Consent to Join -- Alfonso Paz (Docket Text modified to shorten the party filer text on 1/25/2013.)
137
09/13/2012
NOTICE filed by All Plaintiffs Consents to Join -- Samuel Cruz and Maria Avila (Docket Text modified to shorten the party filer text on 1/25/2013.)
138
09/13/2012
NOTICE filed by All Plaintiffs Consent to Join -- Cynthia Nelson (Docket Text modified to shorten the party filer text on 1/25/2013.)
139
09/13/2012
NOTICE filed by All Plaintiffs Consents to Join -- Leticia Gonzalez and Maria Salas and Delfino Gonzalez (Docket Text modified to shorten the party filer text on 1/25/2013.)
140
09/14/2012
NOTICE filed by All Plaintiffs Consent to Join -- Charles White (Docket Text modified to shorten the party filer text on 1/25/2013.)
141
09/14/2012
NOTICE filed by All Plaintiffs Consents to Join -- Vicente Perez and Randall Hillis and Juan Alvarenga (Docket Text modified to shorten the party filer text on 1/25/2013.)
142
09/18/2012
NOTICE filed by All Plaintiffs Consents to Join -- Paul Strnad and Ernesto Crisostomo (Docket Text modified to shorten the party filer text on 1/25/2013.)
143
09/18/2012
NOTICE filed by All Plaintiffs Consent to Join -- Patricia Garcia and Alexander Hernandez and Federico Fuentes (Docket Text modified to shorten the party filer text on 1/25/2013.)
144
09/18/2012
NOTICE filed by All Plaintiffs Consent to Join -- Jorge Marcia and Maribel Hernandez and William Holmes (Docket Text modified to shorten the party filer text on 1/25/2013.)
145
09/18/2012
NOTICE filed by All Plaintiffs Consent to Join -- Benjamin Aley (Docket Text modified to shorten the party filer text on 1/25/2013.)
146
09/18/2012
NOTICE filed by All Plaintiffs Consent to Join -- Darlene Melton and Raul Ochoa and Alberto Cargas and Jorge Chica and Luis Gonzalez and Jose Segovia (Docket Text modified to shorten the party filer text on 1/25/2013.)
147
09/18/2012
NOTICE filed by All Plaintiffs Consents to Join -- Dennis Lemarr and Natasha Hutcherson and Artemio Juarez and Maria Menjivar and Myma Martida and Victor Delgado and Ana Romero-Urquilla and Angela Applegate and Mercedes Castro and Beatriz Ambrosio (Docket Text modified to shorten the party filer text on 1/25/2013.)
148
09/19/2012
NOTICE filed by All Plaintiffs Consents to Join -- Susana Mejia and Jose Mejia (Docket Text modified to shorten the party filer text on 1/25/2013.)
149
09/19/2012
NOTICE filed by All Plaintiffs Consents to Join -- Charlie George and Linda Griffin and Velma Freeman and Joan Johnston and Garland Freeman, Jr., and Donna Long (Docket Text modified to shorten the party filer text on 1/25/2013.)
150
09/19/2012
NOTICE filed by All Plaintiffs Consent to Join -- Danny Pendergraft (Docket Text modified to shorten the party filer text on 1/25/2013.)
151
09/20/2012
INITIAL SCHEDULING ORDER: Rule 26(f) Conference to occur by 11/9/2012. Rule 26(f) Report due by 11/23/2012. Proposed Jury Trial set sometime during the week of 7/8/2013 in Little Rock before Judge James M. Moody. Signed by D. Jackson at the Direction of the Court on 9/20/2012.
1
Proposed FSO)(dmj
1 Attachment
152
09/20/2012
NOTICE filed by All Plaintiffs Consent to Join -- Helen Farmer (Docket Text modified to shorten the party filer text on 1/25/2013.)
153
09/21/2012
Corporate Disclosure Statement (Rule 7.1) by Conagra Foods Packaged Foods LLC
154
09/21/2012
NOTICE filed by All Plaintiffs Consent to Join -- Abdon Lozano (Docket Text modified to shorten the party filer text on 1/25/2013.)
155
09/21/2012
NOTICE filed by All Plaintiffs Consent to Join -- Judy McClure (Docket Text modified to shorten the party filer text on 1/25/2013.)
156
09/21/2012
NOTICE filed by All Plaintiffs Consents to Join -- Ubilberto Caballero and Valerie Yandell and Karen Austin and Antonio Rosales (Docket Text modified to shorten the party filer text on 1/25/2013.)
157
09/24/2012
Unopposed MOTION for Extension of Time to File Response/Reply as to 129 MOTION to Strike Certain Affirmative Defenses by Conagra Foods Packaged Foods LLC
158
09/24/2012
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 157 Motion for Extension of Time to File Response/Reply re 129 MOTION to Strike Certain Affirmative Defenses. Defendant's response is due by 10/4/2012. Signed by Judge James M. Moody on 9/24/12.
159
09/24/2012
NOTICE filed by All Plaintiffs Consent to Join -- Rodolfo Canales (Docket Text modified to shorten the party filer text on 1/25/2013.)
160
09/25/2012
NOTICE filed by All Plaintiffs Consents to Join -- Carlos Martinez and Carlos D. Martinez (Docket Text modified to shorten the party filer text on 1/25/2013.)
161
09/25/2012
NOTICE filed by All Plaintiffs Consents to Join -- Carlos Diaz and Jesus Morales and James Christen and Roxanne Foster and Don Condley and Tommy McClure and Barbara Dugger and Carrie Haley and Sheila Sanchez and Jose Morales and Marta Lara and Jose Gonzalez and Xiomara Sandoval and Mercedes Alvarenga (Docket Text modified to shorten the party filer text on 1/25/2013.)
162
09/26/2012
NOTICE filed by All Plaintiffs Consent to Join -- Carla Escobar and Mayra Vazquez and Aurora Garcia and Ronan Torres and Linda Julian (Docket Text modified to shorten the party filer text on 1/28/2013.)
163
09/27/2012
NOTICE filed by All Plaintiffs Consents to Join -- Donald Byers and Marlon Morales and Linda McPherson (Docket Text modified to shorten the party filer text on 1/28/2013.)
164
09/27/2012
NOTICE filed by All Plaintiffs Consents to Join -- Andres Arredondo and Mayra Sierra and Francsico Rosales (Docket Text modified to shorten the party filer text on 1/28/2013.)
165
09/28/2012
NOTICE filed by All Plaintiffs Consents to Join -- Ricardo Ramos and Elder Cabrera and Jenny Corona (Docket Text modified to shorten the party filer text on 1/28/2013.)
166
10/01/2012
NOTICE filed by All Plaintiffs Consents to Join -- Kelley Winkle and Rodolfo Paz (Docket Text modified to shorten the party filer text on 1/28/2013.)
167
10/01/2012
NOTICE filed by All Plaintiffs Consents to Join -- Violet Germany and Mayra Rivera-Enriguez and Laura Johnson and Adriana Martinez and Carolyn Burdine and Cindy Wells (Docket Text modified to shorten the party filer text on 1/28/2013.)
168
10/02/2012
NOTICE filed by All Plaintiffs Consents to Join -- Antonio Mares and Teodoro Portillo and Marlon Rivera (Docket Text modified to shorten the party filer text on 1/28/2013.)
169
10/03/2012
MOTION to Approve/Approval Collective Action Notice by All Plaintiff's
1
Exhibit Proposed Notice) (Docket Text modified to shorten the party filer text on 1/28/2013.) (jak
1 Attachment
170
10/03/2012
BRIEF IN SUPPORT re 169 Motion to Approve/Approval, filed by All Plaintiff's. (Docket Text modified to shorten the party filer text on 1/28/2013.)
171
10/03/2012
ORDER granting in part pursuant to the stipulation and agreement of the parties 4 Plaintiff's motion to certify class pursuant to 29 U.S.C. § 216 (b); denying without prejudice to refile 6 Plaintiff's motion to certify class under Fed. R. Civ. P. 23. Signed by Judge James M. Moody on 10/3/2012.
172
10/03/2012
NOTICE filed by All Plaintiffs Consent to Join -- Leonard Durham (Docket Text modified to shorten the party filer text on 1/28/2013.)
173
10/04/2012
RESPONSE in Opposition re 129 MOTION to Strike Certain Affirmative Defenses filed by Conagra Foods Packaged Foods LLC.
174
10/04/2012
NOTICE filed by All Plaintiffs Consents to Join -- Teodora Salas and Ignacio Murillo and Perry Roberson and Jose Aleman and Robin Barrientos (Docket Text modified to shorten the party filer text on 1/28/2013.)
175
10/05/2012
NOTICE filed by All Plaintiffs Agustin Martinez and Debra Oliver and Nancy Cruz and Celina Lama (Docket Text modified to shorten the party filer text on 1/28/2013.)
176
10/08/2012
NOTICE filed by All Plaintiffs Consents to Join -- Juan Ochoa and Omar Scott and John Mason and Tim Gist and India Duvall and Edwin Rivas (Docket Text modified to shorten the party filer text on 1/28/2013.)
177
10/09/2012
NOTICE filed by All Plaintiffs Consents to Join -- Nora Barrios and Fabio Valladares and Regina Battershell and Renee Qualls and Oscar Gonzalez and Jodie Edwards (Docket Text modified to shorten the party filer text on 1/28/2013.)
178
10/10/2012
NOTICE filed by All Plaintiffs Consent to Join -- Paul Bragg (Docket Text modified to shorten the party filer text on 1/28/2013.)
179
10/11/2012
ORDER denying 129 Motion to Strike certain affirmative defenses. Signed by Judge James M. Moody on 10/11/12.
180
10/11/2012
NOTICE filed by All Plaintiffs Consent to Join -- Josefina Ochoa (Docket Text modified to shorten the party filer text on 1/28/2013.)
181
10/12/2012
NOTICE filed by All Plaintiffs Consents to Join -- Zenas Smith, Sr., and Magaly Orellano and Dario Abarca and Walter Morales (Docket Text modified to shorten the party filer text on 1/28/2013.)
182
10/15/2012
NOTICE filed by All Plaintiffs Consents to Join -- David Rice and Pierre Alexander and Georgina Alexander and Betty Norris and Eloy Gonzalez, Jr. (Docket Text modified to shorten the party filer text on 1/28/2013.)
183
10/17/2012
NOTICE filed by All Plaintiffs Consents to Join -- Donald Hill and Ben Maturino (Docket Text modified to shorten the party filer text on 1/28/2013.)
184
10/19/2012
NOTICE filed by All Plaintiffs Consents to Join -- Barbara Wright and Alicia Martin and Joseph Wright and James Wright and Gregory Rodriguez and William Clair and Hector Torres and Miguel Figueroa and David Portillo and Domingo Moran (Docket Text modified to shorten the party filer text on 1/28/2013.)
185
10/22/2012
RESPONSE to Motion re 169 MOTION to Approve/Approval Collective Action Notice filed by Conagra Foods Packaged Foods LLC.
186
10/22/2012
NOTICE filed by All Plaintiffs Consents to Join -- Tommy Parks and Blanca Rodriguez and Randy Freeman (Docket Text modified to shorten the party filer text on 1/28/2013.)
187
10/24/2012
NOTICE filed by All Plaintiffs Consents to Join -- Tyler Brafford and Stephen Gadberry (Docket text modified on 10/24/2012 to correct names.) (thd). (Docket Text modified to shorten the party filer text on 1/28/2013.)
188
10/24/2012
REPLY to Response to Motion re 169 MOTION to Approve/Approval Collective Action Notice filed by All Plaintiff's. (Docket Text modified to shorten the party filer text on 1/28/2013.)
10/24/2012
NOTICE OF DOCKET CORRECTION re: 187 Notice. CORRECTION: The docket text was modified to correct the signer's name to Stephen Gadberry. (Text entry; no document attached.)
189
10/25/2012
NOTICE filed by All Plaintiffs Consents to Join -- Robert Bewley and Gearld Austin and Lanny Wooten and Marie Bell (Docket Text modified to shorten the party filer text on 1/28/2013.)
190
10/26/2012
ORDER granting 169 Plaintiffs' Motion to Approve the Collective Action Notice. Signed by Judge James M. Moody on 10/26/2012.
191
10/29/2012
NOTICE filed by All Plaintiffs Consent to Join -- Lori Terry (Docket Text modified to shorten the party filer text on 1/28/2013.)
192
10/30/2012
MOTION for Leave to File Fifth Amended and Substituted Complaint by All Plaintiff's
1
Exhibit A -- Proposed Fifth Amended and Substituted Complaint) (Docket Text modified to shorten the party filer text on 1/28/2013.) (jak
1 Attachment
193
10/30/2012
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 192 Motion for Leave to File. Plaintiffs may file their fifth amended and substituted complaint within five (5) days of the entry of this Order. Signed by Judge James M. Moody on 10/30/12.
194
10/30/2012
NOTICE filed by All Plaintiffs Consent to Join -- Jose Arcia (Docket Text modified to shorten the party filer text on 1/28/2013.)
195
10/31/2012
FIFTH AMENDED and Substituted Complaint - Class Action with Jury Demand against All Defendants, filed by All Plaintiff's.
1
Exhibit Consent to Join Collective Action
2
Exhibit Consent to Join Collective Action)(jap) (Docket Text modified to shorten the party filer text on 1/28/2013.) (jak
2 Attachments
196
10/31/2012
NOTICE filed by All Plaintiffs Consent to Join -- Jose H. Gonzalez Docket text modified on 11/2/2012 to correct the consent name. (kbc) (Docket Text modified to shorten the party filer text on 1/28/2013.)
11/02/2012
NOTICE OF DOCKET CORRECTION re 196 Notice. CORRECTION: The docket text was modified to correct the name from "Jose H. Garcia" to "Jose H. Gonzalez" as indicated on the document. (Text entry; no document attached.)
197
11/02/2012
NOTICE filed by All Plaintiffs Consents to Join -- Saul Martinez and Rosa Martinez and Francisco Reyna and Mary Tennison and Michael Tennison (Docket Text modified to shorten the party filer text on 1/28/2013.)
198
11/05/2012
NOTICE filed by All Plaintiffs Consent to Join -- Myrna Calito (Docket Text modified to shorten the party filer text on 1/28/2013.)
199
11/06/2012
NOTICE filed by All Plaintiffs Consent to Join -- Davis Keeton (Docket Text modified to shorten the party filer text on 1/28/2013.)
200
11/08/2012
NOTICE filed by All Plaintiffs Consents to Join -- Barbara Matthews and Earl Matthews and Richard Love, Sr. (Docket Text modified to shorten the party filer text on 1/28/2013.)
201
11/09/2012
NOTICE filed by All Plaintiffs Consents to Join -- Roberto Alvarado and Bonita Embry (Docket Text modified to shorten the party filer text on 1/28/2013.)
202
11/12/2012
NOTICE filed by All Plaintiffs Consent to Join -- Jorge Jobel (Docket Text modified to shorten the party filer text on 1/28/2013.)
203
11/14/2012
NOTICE filed by All Plaintiffs Consent to Join -- Debra Lenhart (Docket Text modified to shorten the party filer text on 1/28/2013.)
204
11/16/2012
REPORT of Rule 26(f) Planning Meeting by All Plaintiff's. (Docket Text modified to shorten the party filer text on 1/28/2013.)
205
11/17/2012
NOTICE filed by All Plaintiffs Consents to Join -- Debra Freeman and Isreal Amaya (Docket Text modified to shorten the party filer text on 1/28/2013.)
206
11/19/2012
Unopposed MOTION for Extension of Time to File Answer or Other Responsive Pleading by Conagra Foods Packaged Foods LLC
207
11/19/2012
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 206 Motion for Extension of Time to Answer Conagra Foods Packaged Foods LLC answer due 12/4/2012. Signed by Judge James M. Moody on 11/19/12.
208
11/19/2012
NOTICE filed by All Plaintiffs Consent to Join -- Celia Gonzalez (Docket Text modified to shorten the party filer text on 1/28/2013.)
209
11/20/2012
NOTICE filed by All Plaintiffs Consent to Join -- Fransisco Bautista (Docket Text modified to shorten the party filer text on 1/28/2013.)
210
11/21/2012
STIPULATION to Conditional Certification of the FLSA Class (Joint) by Conagra Foods Packaged Foods LLC.
1
Exhibit
1 Attachment
211
11/26/2012
FINAL SCHEDULING ORDER: Jury Trial set sometime during the week of 2/10/2014 at 9:15 AM in Little Rock Courtroom # 4A before Judge James M. Moody. Discovery due by 8/14/2013. Motions due by 9/13/2013. Pretrial Disclosure Sheet due by 1/15/2014. Status Report due by 12/16/2013. Signed by D. Jackson at the Direction of the Court on 11/26/2012.
1
Guidelines for Jury Trials)(dmj) (Docket text modified on 11/26/2012 to correct the signature date.) (thd
1 Attachment
11/26/2012
NOTICE OF DOCKET CORRECTION re: 211 Final Scheduling Order. CORRECTION: The docket text was modified to correct the signature date to 11/26/2012, as marked on the document. (Text entry; no document attached.)
212
11/26/2012
NOTICE filed by All Plaintiffs Consents to Join -- Brenda Ramirez and Elizabeth Reyes and Jorge Alonzo and Brenda Hernandez and Guadalupe Hernandez and Pamela Hill and Abdon Lozano, Jr., and Erica Nieto and Betty Palmer and Martha Montoya and Lorenzo Reyes and Jose Reyes and Maria Reyes and Alfredo Arias and Victor Alvidrez (Docket Text modified to shorten the party filer text on 1/28/2013.)
213
11/27/2012
NOTICE filed by All Plaintiffs Consents to Join -- Allen Siddall and Phyllis Ushery and Mary Moten and Pamela Lute and Sabrina O'Briant and Travis Harvey and John Bewley and Matt Wood and Ruben Villacorta and Gloria Shafer and David O'Neal and Jeff Rappe and Rebecca Irwin and Heath Dollar and Richard Walker (Docket Text modified to shorten the party filer text on 1/28/2013.)
214
11/27/2012
NOTICE filed by All Plaintiffs Consents to Join -- Karen Ford and Debra Lenhart and David Alexander and Melvin Hirtler and Barbara Taurone and Jerrad Littrell and Callie Bartlett and Lemuel Keys and Kenneth Simpson and Rose Acree and Chris Childers and Ineda Meimerstorf and Santiago Martinez and Lou Ann Vasquez and Rosemarry Tullous and (Docket Text modified to shorten the party filer text on 1/28/2013.)
215
11/27/2012
NOTICE filed by All Plaintiffs Consents to Join -- Linda Greer and Johnny Litsey and Cathy Heflin and Osmin Ramirez and Jimmy Pease and Rena Pendergraft and Jerry Williams and Emerita May and Vickey Powell and Linda Cook and Robert Bowden and Teresa Monteleone and Jason Morales and Reba King and Sherry Wood (Docket text modified on 11/28/2012 to correct names.) (thd). (Docket Text modified to shorten the party filer text on 1/28/2013.)
216
11/27/2012
NOTICE filed by All Plaintiffs Consents to Join -- Felisha Cooper and Preston Smith and Jose Morales-Herrera and Raul Tovar and Kathryn Sims (Docket Text modified to shorten the party filer text on 1/28/2013.)
11/28/2012
NOTICE OF DOCKET CORRECTION re: 215 Notice of Consent to Join. CORRECTION: The docket text was modifed to correct the spelling for Vickey Powell and to add signer Sherry Wood, as indicated in the documents. (Text entry; no document attached.)
217
11/28/2012
NOTICE filed by All Plaintiffs Consents to Join -- Johnny Floren and Rachel Burton and Wanda Vaughan and Dyana Hefner and Bernabe Jovel and Sabino Bahena and Christian Enriquez (Docket Text modified to shorten the party filer text on 1/28/2013.)
218
11/29/2012
NOTICE filed by All Plaintiffs Consents to Join -- Angela Moro and Charles Williams and Kenneth Barnes and Miao-Hua Lin and Rafael Ramirez and Victor Padilla-Rivera and Mariano Yanes and Peggy Rodriquez and Nicole Williams and Jaime Tejada and William RIchards and Alan Arrington and Tony Laymon and DeAnn Laymon and Rhonda Woody (Docket Text modified to shorten the party filer text on 1/28/2013.)
219
11/29/2012
NOTICE filed by All Plaintiffs Consents to Join -- Eddie Hill and Teresa Rauda and Yong Gabhart and Jeremy Pierce and Gary Brown and Sandra Mata and Freda Cossey and Anna Hughes and Douglas Beech and Sarah Bohher and Franklin Beltran and Sandra Carrillo and Danny Gallaher and Garry Lopez and Brenda Beech and Chong Bewley and Jose Bonilla and Maria Bonilla (Docket Text modified to shorten the party filer text on 1/28/2013.)
220
11/29/2012
MOTION to Approve/Approval Belated Approval of Proposed Consent to Become a Party Plaintiff by All Plaintiff's.
1
Affidavit Exhibit A -- Affidavit of Josh Sanford) (Docket Text modified to shorten the party filer text on 1/28/2013.) (jak
1 Attachment
221
11/29/2012
BRIEF IN SUPPORT re 220 Motion to Approve/Approval, Belated Approval of Proposed Consent to Become a Party Plaintiff filed by All Plaintiff's. (Docket Text modified to shorten the party filer text on 1/28/2013.)
222
11/29/2012
NOTICE filed by All Plaintiffs Consents to Join -- Randy Fowler and Caryl Fowler (Docket Text modified to shorten the party filer text on 1/28/2013.)
223
11/30/2012
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 220 Motion to Approve/Approval. The Mailed Consent to Become a Party Plaintiff is hereby approved. Signed by Judge James M. Moody on 11/30/12.
224
11/30/2012
NOTICE filed by All Plaintiffs Consents to Join -- William Lee and Rosa Mares and Paul Taylor and Michael Freeman and Uriel Tovar and David Hardin and Francisco Rivera and William Foster and Zach Underwood and Denise Crain and Clay Bryant and Grace Bryant and Sandra Molloy and Kimberly Hopson and Robert Delavan and Maria Gonzalez and Shannon Collins and Carlos Duarte and Folvia Aleman and Maria Ortiz (Docket Text modified to shorten the party filer text on 1/28/2013.)
225
11/30/2012
NOTICE filed by All Plaintiffs Consents to Join -- Mario Doratt and Lourdes Montesinos and Amanda Morse and Kenneth Volz (Docket Text modified to shorten the party filer text on 1/28/2013.)
226
12/03/2012
NOTICE filed by All Plaintiffs Consents to Join -- Judy Robinson and Floyd Freeman and Terri Freeman-Staggs and Patricia Chenowith and Samuel Moore and Mike Carrillo and Larry Wiley and Barbara Arnold and Treva Roberds and Grant Poplin and Katherine Rochelle and Jerry Honaker, Sr., and Mohogany Smith and Rhonda Morris and and Alan Newby and Sandy Souvannakhot (Docket Text modified to shorten the party filer text on 1/28/2013.)
227
12/03/2012
NOTICE filed by All Plaintiffs Consents to Join -- William Freeman and Leslie Pordes and Eva Romero (Docket Text modified to shorten the party filer text on 1/28/2013.)
228
12/04/2012
NOTICE filed by All Plaintiffs Consents to Join -- Alice Dorsett and Kimberly Lee and Balentin Zelaya and Jacquelyn Willcutt and Joseph South and Samuel Morgan and Tina Tanner and Rosa Hernandez and Linda Brown and Stan Nichols and Krystal Humphrey and Tellas Collier and James Snow and Katherine Duvall and Michael Level (Docket Text modified to shorten the party filer text on 1/28/2013.)
229
12/04/2012
ANSWER to 195 Amended Complaint, with Jury Demand by Conagra Foods Packaged Foods LLC.
230
12/04/2012
NOTICE filed by All Plaintiffs Consent to Join -- Alfredo Arias (Docket Text modified to shorten the party filer text on 1/28/2013.)
231
12/05/2012
NOTICE filed by All Plaintiffs Consents to Join -- Dora Brockman and Lori James and Ricardo Castaneda Rojas and Theresa Grigsby and Joyce Metz and Stephanie Hillis and Curtis Brunston (Docket Text modified to shorten the party filer text on 1/28/2013.)
232
12/06/2012
NOTICE filed by All Plaintiffs Consents to Join -- Carol Huggins and Samantha Tavarez and Kristy Sears and Sherry Morell and Shirley Romine and Katharina Reed and William Clark and Karen Noble and Susan Emery and Gloria Lopez and Bobby Ledford, Jr., and Jimmie Noah and Elenilson Ponce (Docket Text modified to shorten the party filer text on 1/28/2013.)
233
12/07/2012
NOTICE filed by All Plaintiffs Consents to Join -- Patricia Rogers and Juan Alfaro and Lacey Qualls and Jeremy Robinson and Martha Montoya and Carrie Crawford and Tom Birge, Jr., and Samuel Genna and Maria Rendon and Filemon Rendon and Silvestre Montoya (Docket Text modified to shorten the party filer text on 1/28/2013.)
234
12/07/2012
NOTICE filed by All Plaintiffs Consents to Join -- Steven Xayadeth and Eric Neatorous and Ellis Davis, Jr. (Docket Text modified to shorten the party filer text on 1/28/2013.)
235
12/10/2012
NOTICE filed by All Plaintiffs Consents to Join -- Juan Parada and Frank Sears and Edwin Melgar and William Roberds and Sherry Pearce and Carol Barnett and Gennifer Horn and Khamphay Visathep and Phouvieng Vistathep and Clinton Jones and Melvin Maxwell (Docket Text modified to shorten the party filer text on 1/28/2013.)
236
12/10/2012
NOTICE filed by All Plaintiffs Consents to Join -- Salvador Bonilla and Guadalupe Talamantes (Docket Text modified to shorten the party filer text on 1/28/2013.)
237
12/11/2012
NOTICE filed by All Plaintiffs Consents to Join -- Francine Byers and Diane Misener and Juan Crisostomo and Esmerelda Cavazos and Ronnie Peoples and Omar Lagos and Rozana Lagos and Laura Baugh and Gregory Suarez (Docket Text modified to shorten the party filer text on 1/28/2013.)
238
12/11/2012
NOTICE filed by All Plaintiffs Consent to Join -- Irma Giron (Docket Text modified to shorten the party filer text on 1/28/2013.)
239
12/12/2012
NOTICE filed by All Plaintiffs Consents to Join -- Keith Bell and Anita Watson and Emerson Dominguez-Osorio and Earnest Goins and Holly Abbott-Sanchez and Paul Jackson (Docket Text modified to shorten the party filer text on 1/28/2013.)
240
12/13/2012
NOTICE filed by All Plaintiffs Consents to Join -- Marco Belmonte and Cristy Jones and Danny Burton (Docket Text modified to shorten the party filer text on 1/28/2013.)
241
12/14/2012
NOTICE filed by All Plaintiffs Consents to Join -- Estate of Samuel Avery and Jose Navarro and Martha Alvarez and Rosa de Reyes (Docket Text modified to shorten the party filer text on 1/28/2013.)
242
12/14/2012
NOTICE filed by All Plaintiffs Consents to Join -- Randall Boley and Jeffery Freeman (Docket Text modified to shorten the party filer text on 1/28/2013.)
243
12/17/2012
NOTICE filed by All Plaintiffs Consents to Join -- Marvin Alexander and Jorge Andrade and Timothy Davidson and Jose Ruiz and Mary Hughes (Docket Text modified to shorten the party filer text on 1/28/2013.)
244
12/18/2012
NOTICE filed by All Plaintiffs Consents to Join -- Velma Meadows and Rosalio Rivas and Gerald Vongprachahn and Bertha Abrego (Docket Text modified to shorten the party filer text on 1/28/2013.)
245
12/18/2012
NOTICE filed by All Plaintiffs Consents to Join -- Terry Moore and Barbara Collins (Docket Text modified to shorten the party filer text on 1/28/2013.)
246
12/19/2012
NOTICE filed by All Plaintiffs Rafael Segora (Docket Text modified to shorten the party filer text on 1/28/2013.)
247
12/19/2012
NOTICE filed by All Plaintiffs Consents to Join -- Iris Reyes and Miguel Alvarado (Docket Text modified to shorten the party filer text on 1/28/2013.)
248
12/20/2012
NOTICE filed by All Plaintiffs Consents to Join -- Phillip Thompson, Jr., and Lester Baugh (Docket Text modified to shorten the party filer text on 1/28/2013.)
249
12/21/2012
NOTICE filed by All Plaintiffs Consents to Join -- Rosa Dixon and Lloyd Callan and Bernice Howard and Cheryl Chronister (Docket Text modified to shorten the party filer text on 1/28/2013.)
250
12/21/2012
NOTICE filed by All Plaintiffs Consents to Join -- Isidro Godoy (Docket Text modified to shorten the party filer text on 1/28/2013.)
251
12/27/2012
NOTICE filed by All Plaintiffs Consents to Join -- Michael Neumeier and Lynn Phipps and Joyce Cook (Docket Text modified to shorten the party filer text on 1/28/2013.)
252
12/28/2012
NOTICE filed by All Plaintiffs Consents to Join -- Billy Moulder and Janice Needham and Lee Dorsey and Manuel Valladeras and Dustin Kemp and Charles Lane (Docket Text modified to shorten the party filer text on 1/28/2013.)
253
12/31/2012
NOTICE filed by All Plaintiffs Consents to Join -- William Akens and Morena Villacorta and Mary Coffman and Vicky Williams (Docket Text modified to shorten the party filer text on 1/28/2013.)
254
01/02/2013
NOTICE filed by All Plaintiffs Consents to Join -- Chrissie Bishop and Jerry Swilley and David Cook (Docket Text modified to shorten the party filer text on 1/28/2013.)
255
01/02/2013
NOTICE filed by All Plaintiffs Consent to Join -- Jessica Triste (Docket Text modified to shorten the party filer text on 1/28/2013.)
256
01/03/2013
NOTICE filed by All Plaintiffs Consents to Join -- Celia Osorio and Cesar Ayala and Rachel Edlin (Docket Text modified to shorten the party filer text on 1/28/2013.)
257
01/03/2013
NOTICE filed by All Plaintiffs Consent to Join -- Melvin Vinson (Docket Text modified to shorten the party filer text on 1/28/2013.)
258
01/04/2013
NOTICE filed by All Plaintiffs Consents to Join -- Irma Avila and Baldemar Robles and Rene Hernandez (Docket Text modified to shorten the party filer text on 1/28/2013.)
259
01/07/2013
NOTICE filed by All Plaintiffs Consents to Join -- Rachelle Stanley and Robert Templin and Bruce Stanley and Rosa Gutierrez and Dennis Stroud (Docket Text modified to shorten the party filer text on 1/28/2013.)
260
01/07/2013
NOTICE filed by All Plaintiffs Consents to Join -- Kristina Davis and Daniel Apanavicius (Docket Text modified to shorten the party filer text on 1/28/2013.)
261
01/08/2013
NOTICE filed by All Plaintiffs Consents to Join -- Emily Simmons and Reina Marcos and Leslie Loveland and German Sanabria and Marina Sanabria (Docket Text modified to shorten the party filer text on 1/28/2013.)
262
01/08/2013
NOTICE filed by All Plaintiffs Consents to Join -- Glemdy Carrillo and Cristian Valladares (Docket Text modified to shorten the party filer text on 1/28/2013.)
263
01/08/2013
NOTICE filed by All Plaintiffs Consent to Join -- Jerome Roesler (Docket Text modified to shorten the party filer text on 1/28/2013.)
264
01/09/2013
NOTICE filed by All Plaintiffs Consents to Join -- Raquiel Masters and Linda Tanner and Nathan Balch and Kathy Garrigus (Docket Text modified to shorten the party filer text on 1/28/2013.)
265
01/10/2013
NOTICE filed by All Plaintiffs Consents to Join -- Gilberto Morales and Jose Loaeza and Idalia Romero (Docket Text modified to shorten the party filer text on 1/28/2013.)
266
01/11/2013
NOTICE filed by All Plaintiffs Consents to Join -- Theodore Bruce and Austin Padgett and Rheba Smith and Julianna Ditton and Robert Ditton and Joseph Melton and Ruth Criswell and Zolaida Palacios and Medardo Calerdo and Josefina Arias (Docket Text modified to shorten the party filer text on 1/28/2013.)
267
01/11/2013
NOTICE filed by All Plaintiffs Consents to Join -- Christopher Anderson and Jose Navarette and Sylvia Navarette and Kristy Hagan (Docket Text modified to shorten the party filer text on 1/28/2013.)
268
01/14/2013
NOTICE filed by All Plaintiffs Consents to Join -- Deidre Embry and Tommy Honaker and Regina Stewart and Diane Winton and Mario Lozano and Hermes Henriquez and Daniel Kelley and Michael Rogers and Carolyn Parrish (Docket Text modified to shorten the party filer text on 1/28/2013.)
269
01/14/2013
NOTICE filed by All Plaintiffs Consent to Join -- Katie Moss (Docket Text modified to shorten the party filer text on 1/28/2013.)
270
01/15/2013
NOTICE filed by All Plaintiffs Consents to Join -- Rickey Shaffer and Cecil Keith and Carla McAlister and Lori Brooks (Docket Text modified to shorten the party filer text on 1/28/2013.)
271
01/16/2013
NOTICE filed by All Plaintiffs Consents to Join -- Ashante Chenault and Vickie Higgins and Juana Alvarado and Tomas Romero and Christina Kugler and Jacquelene Brooks (Docket Text modified to shorten the party filer text on 1/28/2013.)
272
01/16/2013
NOTICE filed by All Plaintiffs Consents to Join -- Carla Hernandez and Raul Hernandez and Amanda Navarrete (Docket Text modified to shorten the party filer text on 1/28/2013.)
273
01/17/2013
NOTICE filed by All Plaintiffs Consents to Join -- Helen Diaz and Rafael Sorto and Rudy Castillo and Felipe Martinez and Cheryl Martinez and Carolina Martinez and Denise Hon (Docket Text modified to shorten the party filer text on 1/28/2013.)
274
01/17/2013
NOTICE filed by All Plaintiffs Consents to Join -- Jerry Holland and Jacinto Diaz (Docket Text modified to shorten the party filer text on 1/28/2013.)
275
01/18/2013
NOTICE filed by All Plaintiffs Consents to Join -- Jerry Brown and Gene Canady and Gary Canady and Joe Stevens and David Conner (Docket Text modified to shorten the party filer text on 1/28/2013.)
276
01/18/2013
NOTICE filed by All Plaintiffs Consent to Join -- Eric Wilson (Docket Text modified to shorten the party filer text on 1/28/2013.)
277
01/21/2013
NOTICE filed by All Plaintiffs Consents to Join -- William Shelton and Angela McVey and Justin Criswell (Docket Text modified to shorten the party filer text on 1/28/2013.)
278
01/21/2013
NOTICE filed by All Plaintiffs Consents to Join -- Sharon Phillips and Mercedes Hernandez and Maria Hernandez and Germanus Orndorff and Juan Hernandez and Frankie Jackson and Gloria Snyder and Maria Alvarenga and Lawrence Freeman (Docket Text modified to shorten the party filer text on 1/28/2013.)
279
01/22/2013
NOTICE filed by All Plaintiffs Consents to Join -- Zachary Anderson and Jack Proctor and Michelle Torres and David Paz and Irlanda Espinoza and Hipolita Velasquez and Maria Velazquez and Joshua Vaughn and Guy Hill and Matt Wolfe and David Huaranga and James Standridge and Linda Romine and Johnny Foster and Frank Sosa and Bobby Pearson and Henry Hernandez (Docket Text modified to shorten the party filer text on 1/28/2013.)
280
01/23/2013
NOTICE filed by All Plaintiffs Consents to Join --Christopher Myers and Dina Ayala and Keith Byrum and Artemio Avalos (Docket Text modified to shorten the party filer text on 1/25/2013.)
01/28/2013
DOCKET NOTE: For clarity in the docket, the Clerk's office has modified the filings made by Plaintiffs to indicate the documents were filed by "All Plaintiffs" instead of listing the Plaintiffs individually by name. (Text entry; no document attached.)
281
01/28/2013
NOTICE by All Plaintiffs Consents to Join -- Jimmy Earls and Mattie Romines and Edin Gonzalez and Orlando Alcantar and Esparanza Alcantar and Maria Reyes
282
01/29/2013
NOTICE by All Plaintiffs Consents to Join -- Pedro Rojas and Rosa Izaquirre
283
01/29/2013
NOTICE by All Plaintiffs Consent to Join -- Mark Brashear
284
01/30/2013
NOTICE by All Plaintiffs Consent to Join -- Luis Reyes
285
01/31/2013
NOTICE by All Plaintiffs Consents to Join -- Billy Ralls and Wanza Cross
286
02/01/2013
NOTICE by All Plaintiffs Consent to Join -- Sergio Zamora
287
02/04/2013
NOTICE by All Plaintiffs Consent to Join -- Carlos Carrillo
288
02/07/2013
NOTICE by All Plaintiffs Consent to Join -- Kimberly Anderson
289
02/13/2013
NOTICE by All Plaintiffs Consents to Join -- Juan Zavala and Rebeca Godoy
290
02/14/2013
NOTICE by All Plaintiffs Consent to Join -- Dennis Berry
291
02/16/2013
NOTICE by All Plaintiffs Consents to Join -- Antonio Torres and Heidi Gering
292
02/16/2013
NOTICE by All Plaintiffs Consent to Join -- Richard Tillery
293
02/18/2013
NOTICE by All Plaintiffs Consent to Join -- Lonnie Harris
294
02/18/2013
NOTICE by All Plaintiffs Consent to Join --Shereacia Kinnon
295
02/19/2013
MOTION for Leave to File Sixth Amended and Substituted Complaint by All Plaintiffs
1
Exhibit A -- Proposed Sixth Amended and Substituted Complaint
1 Attachment
296
02/20/2013
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 295 Motion for Leave to File Plaintiffs' Sixth Amended Complaint. Plaintiffs may file their Sixth Amended Complaint within five (5) days of the entry of this Order. Signed by Judge James M. Moody on 2/20/13.
297
02/20/2013
SIXTH AMENDED AND SUBSTITUTED COMPLAINT with Jury Demand against All Defendants, filed by All Plaintiffs.(mcz) (Docket text modified on 2/21/2013 to correct the description of the document filed.)
02/21/2013
NOTICE OF DOCKET CORRECTION re: 297 Amended Complaint. CORRECTION: The docket text was modified to correct the description of the document filed as "SIXTH AMENDED AND SUBSTITUTED COMPLAINT with Jury Demand." (Text entry; no document attached.)
298
03/07/2013
MOTION for Partial Summary Judgment Regarding the Compensability of Donning and Doffing Time for all Plaintiffs by All Plaintiffs
1
Exhibit 1 -- Affidavit of Justin Anderson
2
Exhibit 2 -- Excerpts of Collective Bargaining Agreement
2 Attachments
299
03/07/2013
BRIEF IN SUPPORT re 298 Motion for Partial Summary Judgment, Regarding the Compensability of Donning and Doffing Time for all Plaintiffs filed by All Plaintiffs.
300
03/07/2013
STATEMENT OF FACTS (Local Rule 56.1) re 298 Motion for Partial Summary Judgment, Regarding the Compensability of Donning and Doffing Time for all Plaintiffs filed by All Plaintiffs.
301
03/08/2013
Unopposed MOTION for Extension of Time to File Answer re 297 Amended Complaint by All Defendants
302
03/08/2013
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 301 Motion for Extension of Time to Answer Conagra Foods Packaged Foods LLC answer due 4/10/2013. Signed by Judge James M. Moody on 3/8/13.
303
03/21/2013
Unopposed MOTION for Extension of Time to File Response/Reply as to 298 MOTION for Partial Summary Judgment Regarding the Compensability of Donning and Doffing Time for all Plaintiffs by All Defendants
304
03/25/2013
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 303 Motion for Extension of Time to File Response/Reply re 298 MOTION for Partial Summary Judgment Regarding the Compensability of Donning and Doffing Time for all Plaintiffs Response due by 4/1/2013. Signed by Judge James M. Moody on 3/25/13.
305
03/29/2013
Joint MOTION to Continue Certain Discovery Deadlines by All Plaintiffs
306
03/29/2013
ORDER granting 305 Joint Motion to Continue. The identification of Plaintiffs' expert(s) and due date for Plaintiffs' expert reports is extended to 7/3/2013. The expert witness deposition deadline for Plaintiffs' expert(s) is extended to 7/17/2013. The identification of Defendant's expert(s) and due date for Defendant's expert reports is extended to 8/1/2013. The expert witness deposition deadline for Defendant's expert(s) is extended to 8/15/2013. The discovery deadline is extended to 9/16/2013. The motion deadline is extended to October 14, 2013 (excluding motions in limine). Signed by Judge James M. Moody on 3/29/2013.
307
03/29/2013
Second MOTION to Certify Class under FRCP 23 by All Plaintiffs
1
Affidavit Exhibit 1: Lyons Affidavit
2
Affidavit Exhibit 2: Sanford Verified Statement
3
Exhibit Exhibit 3: Excerpt from Labor Agreement Handbook
4
Exhibit Exhibit 4: Proposed Class Notice
4 Attachments
308
03/29/2013
BRIEF IN SUPPORT re 307 Motion to Certify Class, FRCP 23 filed by All Plaintiffs.
309
03/29/2013
Joint MOTION for Protective Order by All Defendants
1
Exhibit
1 Attachment
310
04/01/2013
STIPULATED PROTECTIVE ORDER. Signed by Judge James M. Moody on 4/1/2013.
311
04/01/2013
MOTION in RESPONSE re 298 MOTION for Partial Summary Judgment Regarding the Compensability of Donning and Doffing Time for all Plaintiffs, Moving Under FRCP 56(d) to Dismiss or Stay the First Issue Presented in Plaintiffs' Motion, filed by All Defendants.
1
Exhibit A
2
Exhibit B) (Docket entry modified on 4/2/2013 to correct the filing event and the description of the document filed.) (thd
2 Attachments
312
04/01/2013
CROSS-MOTION for Partial Summary Judgment in Opposition re 298 MOTION for Partial Summary Judgment Regarding the Compensability of Donning and Doffing Time for all Plaintiffs filed by All Defendants. (Docket entry modified on 4/2/2013 to correct the filing event and the description of the document filed.)
313
04/01/2013
BRIEF IN SUPPORT re 312 Response in Opposition to Motion, and Cross-Motion for Partial Summary Judgment filed by Conagra Foods Packaged Foods LLC.
1
Exhibit A
1 Attachment
314
04/01/2013
STATEMENT OF FACTS (Local Rule 56.1) re 312 Response in Opposition to Motion, and Cross-Motion for Partial Summary Judgment filed by Conagra Foods Packaged Foods LLC.
1
Exhibit 1
2
Exhibit 2
2 Attachments
04/02/2013
NOTICE OF DOCKET CORRECTION re: 311 and 312 RESPONSES. CORRECTION: Each docket entry was modified to correct the filing event and the description of the document filed as follows: 311 MOTION in RESPONSE re 298 MOTION for Partial Summary Judgment and 312 CROSS-MOTION for Partial Summary Judgment. (Text entry; no document attached.)
315
04/03/2013
Unopposed MOTION for Extension of Time to File Response/Reply as to 312 MOTION for Partial Summary Judgment, 311 MOTION to Dismiss by All Plaintiffs
316
04/03/2013
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 315 Motion for Extension of Time to File Response/Reply. Plaintiffs will have up to and including 4/29/13 in which to file a response in opposition to Defendant's Rule 56(d) motion for partial summary judgment and in support of their own motion for partial summary judgment; and, a response to Defendant's cross motion for summary judgment. Signed by Judge James M. Moody on 4/3/13.
317
04/10/2013
ANSWER to 297 Amended Complaint (Sixth) by Conagra Foods Packaged Foods LLC.
318
04/11/2013
Unopposed MOTION for Extension of Time to File Response/Reply as to 307 Second MOTION to Certify Class under FRCP 23 by All Defendants
319
04/11/2013
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 318 Motion for Extension of Time to File Response/Reply re 307 Second MOTION to Certify Class under FRCP 23. Response due by 4/29/2013. Signed by Judge James M. Moody on 4/11/13.
320
04/11/2013
RESPONSE in Opposition re 311 MOTION to Dismiss filed by All Plaintiffs.
1
Exhibit 1_Additional affidavits of named plaintiffs
2
Exhibit 2_Email negotiations regarding discovery
3
Exhibit 3_Defendant&#039;s Interrogatories to Plaintiffs
3 Attachments
321
04/29/2013
RESPONSE in Opposition re 312 MOTION for Partial Summary Judgment filed by All Plaintiffs.
1
Exhibit 1-CBA Excerpt
2
Exhibit 2-Moss V.S.
2 Attachments
322
04/29/2013
STATEMENT OF FACTS (Local Rule 56.1) re 314 Statement of Facts (Local Rule 56.1) opposing Defendant's Statement of Facts filed by All Plaintiffs.
323
04/29/2013
RESPONSE in Opposition re 307 Second MOTION to Certify Class under FRCP 23 filed by Conagra Foods Packaged Foods LLC.
324
05/01/2013
MOTION for Discovery (Regarding Plaintiffs' Expert Study) by All Plaintiffs
1
Exhibit 1 -- Expert Requirements
2
Exhibit 2 -- Email Exchange
3
Exhibit 3 -- Discovery Plan
3 Attachments
325
05/01/2013
BRIEF IN SUPPORT re 324 Motion for Discovery (Regarding Plaintiffs' Expert Study) filed by All Plaintiffs.
326
05/09/2013
Unopposed MOTION for Extension of Time to File Response/Reply as to 321 Response in Opposition to Motion by Conagra Foods Packaged Foods LLC
327
05/10/2013
MOTION for Extension of Time to File Response/Reply as to 307 Second MOTION to Certify Class under FRCP 23, 323 Response in Opposition to Motion by All Plaintiffs
328
05/13/2013
RESPONSE to Motion re 327 MOTION for Extension of Time to File Response/Reply as to 307 Second MOTION to Certify Class under FRCP 23, 323 Response in Opposition to Motion filed by Conagra Foods Packaged Foods LLC.
1
Appendix Attachment A
2
Appendix Attachment B
2 Attachments
329
05/13/2013
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 326 Motion for Extension of Time to File Response/Reply re 312 MOTION for Partial Summary Judgment. Reply due by 5/16/2013. Signed by Judge James M. Moody on 5/13/13.
330
05/13/2013
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 327 Motion for Extension of Time to File Reply. The Court will allow Plaintiffs to file a reply in support of their motion for rule 23 class certification by 5/24/13. Signed by Judge James M. Moody on 5/13/13.
331
05/14/2013
REPLY to Response to Motion re 311 MOTION to Dismiss filed by Conagra Foods Packaged Foods LLC.
332
05/15/2013
REPLY to Response to Motion re 307 Second MOTION to Certify Class under FRCP 23 filed by All Plaintiffs.
1
Exhibit 1-Affidavits of Eleven Additional Plaintiffs
1 Attachment
333
05/16/2013
REPLY to Response to Motion re 312 MOTION for Partial Summary Judgment filed by Conagra Foods Packaged Foods LLC.
334
05/16/2013
STATEMENT OF FACTS (Local Rule 56.1) re 322 Statement of Facts (Local Rule 56.1) filed by Conagra Foods Packaged Foods LLC.
335
05/17/2013
Joint MOTION for Extension of Time to Complete Discovery (For Modification of Scheduling Orders) by All Plaintiffs
336
05/17/2013
ORDER granting 335 Joint Motion to Modify the Scheduling Order. Signed by Judge James M. Moody on 5/17/2013.
337
05/20/2013
MOTION for Leave to File Sur-Reply in Opposition of Defendant's Cross-Motion for Partial Summary Judgment by All Plaintiffs
1
Exhibit 1 -- Pleadings Diagram
2
Exhibit 2 -- Proposed Sur-Reply
3
Exhibit 3 -- Exhibit 1 to Proposed Sur-Reply
3 Attachments
338
05/20/2013
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 337 Motion for Leave to File. The Court will consider Plaintiff's sur-reply in opposition to Defendant's cross motion for partial summary judgment. Signed by Judge James M. Moody on 5/20/13.
339
05/20/2013
RESPONSE in Opposition re 312 MOTION for Partial Summary Judgment Sur-Reply in Opposition of Defendant's Cross-Motion for Partial Summary Judgment Per Order ECF No. 338 filed by All Plaintiffs.
1
Exhibit 1 -- Kronos Record of Lloyd Callan
1 Attachment
340
05/20/2013
RESPONSE in Opposition re 324 MOTION for Discovery (Regarding Plaintiffs' Expert Study) filed by All Defendants.
1
Exhibit
2
Exhibit
2 Attachments
341
05/21/2013
REPLY to Response to Motion re 324 MOTION for Discovery (Regarding Plaintiffs' Expert Study) filed by All Plaintiffs.
1
Exhibit 1 - Radwin Declaration
1 Attachment
342
05/21/2013
ORDER granting 324 Motion for Discovery. The expert study will take place beginning with the first shift of June 10, 2013 and ending with the third shift of June 14, 2013. Signed by Judge James M. Moody on 5/21/13.
343
05/24/2013
MOTION for Leave to Appear Pro Hac Vice by All Defendants
1
Affidavit
1 Attachment
344
05/28/2013
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 343 Motion for Leave to Appear pro hac vice. Andrew J. Weissler may appear pro hac vice on behalf of the Defendant. Signed by Judge James M. Moody on 5/28/13.
345
06/12/2013
NOTICE OF CONFERENCE HEARING regarding pending motions set for 7/25/2013 at 10:15 AM in Little Rock Courtroom # 4A before Judge James M. Moody
346
07/10/2013
MOTION to Stay Discovery and Motions Deadlines or in the Alternative, Modify Scheduling Order by All Defendants
347
07/10/2013
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 346 Motion to Stay the discovery and motions deadlines. The deadlines will be reset by separate order. Signed by Judge James M. Moody on 7/10/2013.
348
07/22/2013
TRIAL BRIEF for Hearing on July 25, 2013 by Dario Abarca, Bertha Abrego, Rose Acree, William Akens, Esparanza Alcantar, Orlando Alcantar, Fulvia Aleman, David Alexander, Marvin Alexander, Juan Alfaro, Ramiro Alonso, Jorge Alonzo, Juana Alvarado, Miguel Alvarado, Roberto Alvarado, Maria S Alvarenga, Martha Alvarez, Victor Alvidrez, Israel A Amaya, Amy Anderson, Bobby Anderson, Christopher Anderson, Justin Anderson, Kimberly Anderson, Zachary Anderson, Jorge Andrade, Daniel Apanavicius, Tommy Applegate, Jose Arcia, Alfredo Arias, Josefina Arias, Sirina Arias, Barbara Arnold, Alan Arrington, Artemio Avalos, Rebekah Avery, Irma Avila, Samuel Avilacruz, Cesar Ayala, Dina Ayala, Sabino Bahena, Nathan Balch, Kenneth Barnes, Carol Barnett, Callie Bartlett, Laura Baugh, Lester Baugh, Francisco Bautista, Brenda Beech, Douglas Beech, Keith Bell, Marco Belmonte, Franklin Beltran, Dennis Berry, Chong Bewley, John Bewley, Tom Birge, Jr, Chrissie Bishop, Sarah Bohlier, Randall Boley, Alex A Bonilla, Jose Bonilla, Maria Bonilla, Salvador Bonilla, Rosa Bonilla De Reyes, Robert Bowden, Tyler Brafford, Paul Bragg, Mark Brashear, Christine Bristol, Dora Brockman, Jacqueline Brooks, Lori Brooks, Anthony A Brown, Earnest Lee Brown, Gary Brown, Jerry Brown, Lenard Ray Brown, Linda Brown, Theodore Bruce, Jr, Curtis Brunston, Clay Bryant, Connie Denise Bryant, Grace Bryant, Carolyn Burdine, Danny Burton, Rachel Burton, Donald Byers, Francine Byers, Keith Byrum, Ubilberto Caballero, Armando Cabello, Elder R Cabrera, Medardo Calero, Myrna Calito, Lloyd Callan, Linda Calvin, Mercedes E Campos, Vicente Campos, Gary Canady, Gene Canady, Rodolfo Canales, Alberto Cargas, Carlos Carrillo, Glendy Carrillo, Mike Carrillo, Sandra Carrillo, Connie Carrington, Debra Carter, Richard Casey, Rudy Castillo, Mercedes Castro, Shirley Cato, Esmeralda Cavazos, Ashanti Chenault, Patricia Chenowith, Jorge Chica, Chris Childers, Richard Choate, James M Christen, Cheryl Chronister, William Clair, Randy Dewayne Clark, William Clark, Leonard Coffman, Linda Coffman, Mary Coffman, Freddie Cogburn, Jr, Tellas Collier, Barbara Collins, Lynda Collins, Shannon Collins, Don Condley, David Conner, David Cook, Joyce Cook, Linda Cook, Debra Coonce, Felisha Cooper, Jessie Cooper, Jenny L Corona, Freda Cossey, Ezell Cotton, John Cowen, Warren Cowen, Denise Crain, Carrie Crawford, Ernesto Antonio Crisostomo, Juan Crisostomo, Eric Criswell, Sr, Justin Criswell, Ruth Criswell, Wanza Cross, Nancy Cruz, Nelson A Cruz, Charlotte Cummings, Sharon Curtis, Timothy Davidson, Charles Davis, Clifford Harold Davis, Eddie Neil Davis, Ellis Davis, Jr, Ellis Christopher Davis, Sr, Keeton Davis, Kristina Davis, Raymond Davis, Monica DeLeon, Gail Debardelaben, Robert Delavan, Victor Delgado, Ruth Demmitt, Barbara Devore, Carlos Diaz, Helen Diaz, Jacinto Diaz, Donna Diggs, Julianna Ditton, Robert Ditton, Rosa Dixon, Larry Dodson, Heath Dollar, Emerson Dominguez-Osorio, Mario Doratt, Alice Dorsett, Lee Dorsey, Carlos Duarte, Barbara A Dugger, Leonard Durham, Brent Duvall, India Duvall, Katherine Duvall, Jimmy Earls, Rachel Edlin, Jodie Edwards, Bonita Embry, Deirdre Embry, Susan Emery, Doy England, Christian Enriquez, Carla Escobar, Irlanda Espinoza, Brandon Etzkorn, Pam Evans, Helen Farmer, Miguel Figueroa, Gerald Fisher, Jr, Johnny Floren, Joanna Kay Ford, Karen Ford, Cecil Foster, Jr, Johnnie Foster, Roxanne Foster, William Foster, Caryl Fowler, Randy Fowler, Debra Freeman, Floyd Freeman, Garland Freeman, Jr, Jeffery Freeman, Lawrence Freeman, Michael Freeman, Randy Freeman, Sharon Freeman, Velma Freeman, William Freeman, Pamela Freitas, Kathy Fryar, Richard Fryar, Thomas Fryar, Frederico Fuentes, Yong Gabhart, Stephen Gadberry, Danny Gallaher, Aurora Garcia, Elizabeth Garcia, Ignacio T Garcia, Jr, Patricia Morales Garcia, Kathy Garrigus, Wilma Garrison, James Geary, Samuel Genna, Charlie George, James Michael George, Heidi Gering, Violet Germany, Irma Giran, Tim Gist, Debbie Glass, David Glover, Isidro Godoy, Rebeca Godoy, Ernest Goins, Luis Gonzales, Celia Gonzalez, Delfino Gonzalez, Edin Gonzalez, Eloy Gonzalez, Jr, Jose H Gonzalez, Jose Gonzalez, Leticia Gonzalez, Maria Gonzalez, Nestor Gonzalez, Oscar Gonzalez, Linda Greer, Linda Griffin, Theresa Grigsby, Rosa Guiterrez, Marsha Hackler, Kristy Hagan, Carrie Haley, Patricia Hamilton, David Hardin, Lonnie Harris, Travis Harvey, Nancy Ann Havenstrite, Victoria Mae Heaton, Cathy Heflin, Dyana Hefner, Katie Hency, Hermes Henriquez, Nancy Hentschel, Alexander B Hernandez, Brenda Hernandez, Carmen Hernandez, Guadalupe Hernandez, Henry Hernandez, Jose Luis Hernandez, Juan Hernandez, Maria Hernandez, Maribel Hernandez, Mercedes Hernandez, Raul Hernandez, Rene Hernandez, Rosa Hernandez, Rosa M Herrera, Vickie Higgins, Donald Hill, Eddie Hill, Guy Hill, Pamela Hill, Randall Hillis, Stephanie Hillis, Michael Hinman, Melvin Hirtler, Jerry Holland, Connie Hollis, William Holmes, Denise Hon, Jerry Honaker, Sr, Tommy Honaker, Kimberly Hopson, Gennifer Horn, Bernice Howard, David Huaranga, Donna L Hudson, Tammy Hudson, Carol Huggins, Anna Hughes, Mary Hughes, Krystal Humphrey, Natasha Hutcherson, Rebecca Irwin, Rosa Izaguirre, Frankie Jackson, Paul Jackson, Stephanie Jackson, Lori James, Sunny James, Wayman James, Jorge Jobel, Donna G Johnson, Holly Johnson, Laura Johnson, Marianne Johnson, Joan Johnston, Clinton Jones, Cristy Jones, Jeremy Jones, Lisa Jones, Marilyn Jones, Bernabe Jovel, Artemio Juarez, Linda Julian, Cecil Keith, Daniel Kelley, Sandra Kellybrew, Dustin Kemp, Lemuel Keys, Reba King, Shereacia Kinnon, Christina Kugler, Rebecca Lacy, Omar Lagos, Roxana Lagos, Celina Lama, Helen Landenberger, Charles Lane, Phyllis Lanoy, Marta Lara, Deann Laymon, Tony Laymon, Sonya Sue Leavell, Bobby Ledford, Jr, Kimberly Lee, William Lee, Dennis Lemarr, Irvin Lemarr, Debra Lenhart, Michael Level, Carol Jean Lievsay, Miao-Hua Lin, Johnny Litsey, Jerrad Littrell, Jose Loaeza, Donna S Long, Garry Lopez, Gloria Lopez, Richard Love, Sr, Mechelle Lovejoy, Leslie Loveland, Abdon Lozano, Jr, Abdon Lozano, Mario Lozano, Pamela Lute, Craig Lyons, Deborah Mahan, Jorge A Marcia, Reina Marcos, Antonio Paz Mares, Rosa Mares, Gary Mars, William Mars, Alicia Martin, Amanda Martin, Onita Martin, Adriana Martinez, Agustin Martinez, Carlos Martinez, Carlos D Martinez, Carolina Martinez, Felipe Martinez, Rosa Martinez, Santiago Martinez, Saul Martinez, John Mason, Brian Massey, Raquiel Masters, Sandra Mata, Brenda Mathis, Barbara Matthews, Earl Matthews, Ben Maturino, Melvin Maxwell, Emerita May, Bradley Mayfield, Carla McAlister, Judy C McClure, Tommy McClure, Cynthia Dianne McDaniel, Cheryl McGee, Bonnie McNamara, Linda McPherson, Sylvia McVay, Angela McVey, Velma Meadows, Ineda Meimerstorf, Jose Mejia, Susana Mejia, Edwin Melgar, Darlene Melton, Joseph Melton, Adrianna Mena, Oscar Armando Mena, Maria E Menjivar, Joyce Metz, Diane Misener, Shannon C Mixon, Sandra Molloy, Jeffery Monteleone, Teresa Monteleone, Lourdes Montesinos, Martha Montoya, Silvestre Montoya, Jarman Moody, Samuel Moore, Terry Moore, Gilbert Morales, Jason Morales, Jesus Morales, Jose A Morales, Juan Carlos Morales, Maria Del Carmen Morales, Marlon Garcia Morales, Walter Morales, Jose Morales-Herrera, Domingo Moran, Sherry Morell, Samuel Morgan, Angela Moro, Rhonda Morris, Amanda Morse, Tammy Morton, Katie Moss, Mary Moten, Elizabeth Moudy, Bill Moulder, Carrie Murchison, Ignacio Murillo, Christopher Myers, Anong Nanthalansy, Pha Nanthalansy, Amanda Navarrete, Jose Navarrete, Sylvia Navarrete, Jose Navarro, Eric Neaterous, Janice Needham, Cynthia Nelson, Patricia Nelson, Michael Neumeier, Alan Newby, Stan Nichols, Erica Nieto, Jimmy Noah, Karen Noble, Priscilla J Noblett, Betty Norris, Sabrina O'Briant, Wayne O'Briant, David O'Neal, Jose Luis Ochoa, Josefina Ochoa, Juan Ochoa, Raul Ochoa, Debra Oliver, Sharon Lynnette Oliver, Magaly Orellano, Germanus Orndorff, III, Raul Rodriguez Orozco, Walter Danilo Orrellana, Maria Ortiz, Celia Osorio, Austin Padgett, Victor Padilla-Rivera, Zolaida Palacios, Betty Palmer, Juan Parada, Leslie Paredes, Cathy Parker, Tommy Parks, Carolyn Parrish, Alicia Partida, Myrna G Partida, Angela Patrick, Alfonso Paz, Claudiade Paz, David Paz, Juan Paz, Rodolfo Paz, Sherry Pearce, Bobby Pearson, Jimmy Pease, Lila Dean Pease, Danny L Pendergraft, Rena Pendergraft, Ronnie Peoples, Dora Perdido-Russell, Vicente Perez, Cindy Phalan, Sharon Phillips, Lynn Phipps, Jeremy Pierce, Edith Pledger, Josh Poirier, Elenilson Ponce, Grant Popliln, David Portillo, Teodoro Portillo, Vickey Powell, Mary L Price, Jack Proctor, Lacey Qualls, Renee Qualls, Cathy Radcliff, Billy Ralls, Jr, Brenda Ramirez, Manuel Ramirez, Osmin Ramirez, Rafael Ramirez, Ricardo Ramos, Jeff Rappe, Khanthalyxay La Rasavong, Teresa Rauda, Katharina Reed, Filemon Rendon, Maria Rendon, Eddie Renier, Carrie Reyes, Elizabeth Reyes, Gerordo Reyes, Iris Reyes, Jose Reyes, Lorenzo Reyes, Luis Reyes, Maria Reyes, Maria C Reyes, Francisco Reyna, David Rice, William Richards, Edwin Rivas, Rosalio Rivas, Francisco Rivera, Jael Rivera, Marlon Rivera, Mayra Rivera-Enriquez, Jimmy Roberds, Leona Roberds, Treva Roberds, William Roberds, Perry Roberson, Edward Robinson, Jeremy Robinson, Judy Robinson, Baldemar Robles, Katherine Rochell, Belinda Rodriguez, Blanca Rodriguez, Gregorio Rodriguez, Jorge Paz Rodriguez, Paul Rodriguez, Peggy Rodriguez, Diana Roesler, Jerome Roesler, Michael Rogers, Patricia Rogers, Tammy Rogers, Pedro Rojas, Ricardo Rojas, Eva Romero, Idalia Romero, Tomas Romero, Ana Romero-Urquilla, Linda Romine, Shirley Romine, Mattie Romines, Antonio Rosales, Francsico Rosales, Teresa Rosbia-Laws, Jose Ruiz, Chris Russell, Juana Salas, Maria Salas, Teodora Salas, German Sanabria, Marina Sanabria, Holly Sanchez, Jose D Sanchez, Sheila Sanchez, Karen Sanders, Xiomara Sandoval, Omar Jovan F Scott, Frank Sears, Kristy Sears, Jose Segovia, Rafael Segura, Margie Sexton, Gloria Shafer, Rickey Shaffer, William Shelton, Allen Siddall, Mayra Sierra, Emily Simmons, Kenneth Simpson, Kathryn Sims, Genella Smith, Mahogany Smith, Mary Smith, Preston Smith, Rheba Smith, Sammy Smith, Scot Smith, Zenas Smith, Sr, James Snow, Gloria Snyder, Nancy Sorenson, Betty Soriano, Marvin M Soriano, Rafael Sorto, Frank Sosa, Joseph South, Sandy Souvannakhot, Terry Staggs, James Standridge, Bruce Stanley, Rachelle Stanley, Joseph Stevens, Kimberley Ann Stewart, Regina Stewart, Krystal Strandlund, Paul J Strnad, Dennis Stroud, Gregorio Suarez, Davida Elaine Summit, Judy Summit, Jerry Swilley, Guadalupe Talamantes, Linda Tanner, Tina Tanner, Brian Tarkington, Barbara Taurone, Samantha Tavarez, Elizabeth Taylor, Linda Taylor, Paul Taylor, Rebecca Taylor-Garrigus, Jaime Tejada, Robert Templin, Sheila Ann Tenango, Mary Tennison, Michael Tennison, Lori Terry, Angela Thompson, Kenneth Thompson, Leonard Norman Thompson, Phillip Thompson, Jr, Wanda Thompson, Richard Tillery, Luz Dary Torrellas, Antonio Torres, Hector Torres, Michelle Torres, Ronan F Torres, Raul Tovar, Uriel Tovar, Jessica Triste, Clem Tucker, III, Ida L Tucker, Rosemary Tullous, Julie Turley, Michele Turner, Joshua Tyler, Zach Underwood, Phyllis Ushery, Christian Valladares, Fabio Valladares, Manuel Valladares, Lou Ann Vasquez, Joshua Vaughan, Wanda Vaughan, Mayra Vazquez, Hipolita Velasquez, Maria Velasquez, Angelica Velazquez, Morena Villacorta, Ruben Villacorta, Melvin Vinson, Khamphay Visathep, Phouvieng Visathep, Kenneth Volz, Gerald Vongprachanh, Jean Wagner, Richard Walker, Laura Washington, Anita Watson, Ronnie Watts, Dennis Weir, Cindy Wells, Mary Wewer, Doug Wheatley, Charles White, Edward White, Larry Wiley, Jacquelyn Willcutt, Johnny D Willcutt, Ashley Williams, Charles Williams, Dessie Williams, Jennifer Williams, Jerry Williams, Lillia Williams, Michael Williams, Nicole Williams, Vicky Williams, Eric Wilson, Paula Wilson, Steve Wilson, Cheryl T Windsor, Kelley Winkle, Diane Winton, Matthew Wolfe, Matt Wood, Sherry Wood, Rhonda Woody, Lanny Wooten, Barbara Wright, James Wright, Joseph Wright, Steven Xayadeth, Valerie Yandell, Mariano Yanes, Alan Young, James M Youngman, Sergio Zamora, Juan Zavala, Balentin Zelaya
1
Exhibit 1 -- Deposition Excerpt, Denise Oxley
2
Exhibit 2 -- Senate Bill
3
Exhibit 3 -- Act 545
3 Attachments
349
07/25/2013
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) STATUS CONFERENCE held before Judge James M. Moody on 7/25/2013. Participating: Brittany Ems, Joe Glynias, Josh Sanford, Joshua West & Lydia Hamlet. Court Reporter - Karen Baker
350
08/01/2013
NOTICE of Hearing on Pending Motions set for 10/3/2013 at 9:15 AM in Little Rock Courtroom # 4A before Judge James M. Moody
351
08/05/2013
MOTION to Strike 348 Trial Brief, and to Exclude Deposition Testimony by Conagra Foods Packaged Foods LLC
352
08/05/2013
BRIEF IN SUPPORT re 351 Motion to Strike and to Exclude Deposition Testimony filed by Conagra Foods Packaged Foods LLC.
1
Exhibit A
1 Attachment
353
08/12/2013
NOTICE by All Defendants of Expert Report
354
08/20/2013
RESPONSE in Opposition re 351 MOTION to Strike 348 Trial Brief, and to Exclude Deposition Testimony filed by All Plaintiffs.
355
08/21/2013
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying 351 Motion to Strike. The Court will allow Defendant to respond to any new arguments raised in Plaintiffs' Pre-Trial Brief on or before September 6, 2013. Signed by Judge James M. Moody on 8/21/13.
356
09/06/2013
RESPONSE re 348 Trial Brief, by Conagra Foods Packaged Foods LLC
1
Exhibit A
2
Exhibit B
2 Attachments
357
09/30/2013
MOTION to Withdraw as Attorney by All Defendants
358
09/30/2013
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 357 Motion to Withdraw as Attorney. Attorney Christi H. Vaglio terminated. Signed by Judge James M. Moody on 9/30/13.
359
10/03/2013
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) HEARING ON PENDING MOTIONS held before Judge James M. Moody on 10/3/2013. Following arguments by Counsel, decision taken under advisement. Participating: Andrew Weissler, Josef Glynias, Josh Sanford, Josh West & Amber Shubert. Court Reporter - Karen Baker
360
10/31/2013
ORDER denying Plaintiff's 298 Motion for Partial Summary Judgment; denying as moot Defendant's 311 Motion pursuant to Rule 56(d); and granting in part and denying in part Defendant's 312 Cross Motion for Summary Judgment. Signed by Judge James M. Moody on 10/31/2013.
361
11/08/2013
MOTION for Leave to Appeal by All Plaintiffs
362
11/08/2013
BRIEF IN SUPPORT re 361 Motion for Leave to Appeal filed by All Plaintiffs.
363
11/25/2013
RESPONSE in Opposition re 361 MOTION for Leave to Appeal filed by Conagra Foods Packaged Foods LLC.
1
Appendix A
1 Attachment
364
11/25/2013
ORDER denying as moot 307 Plaintiff's second motion for class certification; and granting 361 Plaintiff's motion for leave to file an interlocutory appeal. Signed by Judge James M. Moody on 11/25/2013.
365
11/25/2013
AMENDED ORDER allowing for an interlocutory appeal re 364 Order. Signed by Judge James M. Moody on 11/25/2013.
366
12/05/2013
Letter from Clerk, USCA: A Petition to File Appeal has been filed in the case of Craig Lyons et al v. ConAgra Foods Packaged Foods, under the miscellaneous case number 13-8041.
367
12/26/2013
Letter from Clerk, USCA: The Petition to File Appeal has been denied. Judgment and Mandate attached hereto.
368
01/03/2014
MOTION to Consolidate Cases by Conagra Foods Packaged Foods LLC
369
01/03/2014
BRIEF IN SUPPORT re 368 Motion to Consolidate Cases filed by Conagra Foods Packaged Foods LLC.
1
Attachment A
1 Attachment
370
01/09/2014
RESPONSE to Motion re 368 MOTION to Consolidate Cases filed by All Plaintiffs.
1
Exhibit 1 -- Email of Dec 31, 2013
1 Attachment
371
01/30/2014
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) Based on the Order staying discovery and motion deadlines 347, the jury trial scheduled 2/10/2014 is canceled and will be reset by separate order. Signed by Judge James M. Moody on 1/30/2014.
372
01/30/2014
ORDER granting Defendant's 368 MOTION to Consolidate Cases and Consolidating Case 4:13-cv-96 with LEAD CASE 4:12-cv-245; all future documents are to be filed in the LEAD CASE. Signed by Judge James M. Moody on 1/30/2014.
373
02/13/2014
TRANSCRIPT of Motion Hearing Proceedings held on October 3, 2013, before Judge James M. Moody. Court Reporter Karen Baker. Transcript may be viewed only at the public terminals in the Clerk's office. Copies of transcript are only available through the Official Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. DEADLINES: Notice of Intent to Request Redaction due 2/24/2014. Redaction Request due 3/6/2014. Redacted Transcript Deadline set for 3/17/2014. Release of Transcript Restriction set for 5/14/2014.
374
02/17/2014
NOTICE by All Defendants Joint Status Report
375
02/24/2014
SCHEDULING ORDER: Jury Trial set sometime during the week of 3/2/2015 at 9:15 AM in Little Rock Courtroom # 4A before Judge James M. Moody. Discovery due by 7/1/2014. Motions due by 8/29/2014. Pretrial Disclosure Sheet due by 1/30/2015. Status Report due by 1/2/2015. Signed by D. Jackson at the Direction of the Court on 2/24/2014.
376
03/10/2014
ORDER TRANSFERRING CASES. Case reassigned to Judge James M. Moody Jr. Signed at the Direction of the Court on 3/10/2014.
377
05/01/2014
Joint MOTION to Amend/Correct 375 Scheduling Order, by Conagra Foods Packaged Foods LLC
378
05/07/2014
ORDER granting 377 parties' joint motion to amend the current scheduling order. The deadlines in the current scheduling order are stayed, and the discovery schedule set in this order addresses the 29 U.S.C. § 203(o) issues remaining in the case. Signed by Judge James M. Moody Jr. on 5/7/2014.
379
07/02/2014
Joint MOTION for Extension of Time to Complete Discovery by All Plaintiffs
380
07/02/2014
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 379 Joint Motion for Extension of Time to Complete Discovery. The parties' deadline for discovery relevant to Section 203(o) is extended to 08/18/2014, and all dates dependent on that date are extended accordingly. Signed by Judge James M. Moody Jr. on 07/02/2014.
381
09/17/2014
MOTION for Partial Summary Judgment by Conagra Foods Packaged Foods LLC
382
09/17/2014
BRIEF IN SUPPORT re 381 Motion for Partial Summary Judgment filed by Conagra Foods Packaged Foods LLC.
383
09/17/2014
STATEMENT OF FACTS (Local Rule 56.1) re 381 Motion for Partial Summary Judgment (Joint) filed by Conagra Foods Packaged Foods LLC.
384
09/17/2014
STATEMENT OF FACTS (Local Rule 56.1) re 383 Statement of Facts (Local Rule 56.1) Plaintiffs' Objection filed by All Plaintiffs.
385
09/18/2014
ADDENDUM filed by Conagra Foods Packaged Foods LLC to 383 Statement of Facts (Local Rule 56.1). Exhibit 1 to the Joint Statement of Facts
386
10/08/2014
RESPONSE in Opposition re 381 MOTION for Partial Summary Judgment filed by All Plaintiffs.
387
10/08/2014
STATEMENT OF FACTS (Local Rule 56.1) re 386 Response in Opposition to Motion filed by All Plaintiffs.
1
Exhibit Index
2
Exhibit 1 Deposition of Vansickle
3
Exhibit 2 Deposition of Fryar
4
Exhibit 3 Union Proposals
5
Exhibit 4 Notes by Ken Knowles
6
Exhibit 5 Notes by Karen Smith
7
Exhibit 6 Notes by Kathy Fryar
8
Exhibit 7 Notes by Chirs Vansickle
9
Exhibit 8 Notes by Jerry Swilley
10
Exhibit 9 Notes by Paul Rodriguez
11
Exhibit 10 Deposition of Nichols
12
Exhibit 11 Deposition of Lester
13
Exhibit 12 Deposition of Swilley
14
Exhibit 13 Deposition of Rodriguez
15
Exhibit 14 Deposition of Gates
15 Attachments
388
10/23/2014
REPLY to Response to Motion re 381 MOTION for Partial Summary Judgment filed by Conagra Foods Packaged Foods LLC.
389
10/23/2014
STATEMENT OF FACTS (Local Rule 56.1) re 388 Reply to Response to Motion filed by Conagra Foods Packaged Foods LLC.
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
5
Exhibit E
6
Exhibit F
7
Exhibit G
8
Exhibit H
9
Exhibit I
10
Exhibit J
11
Exhibit K
12
Exhibit L
12 Attachments
390
11/07/2014
RESPONSE in Opposition re 381 MOTION for Partial Summary Judgment Sur-Reply filed by All Plaintiffs.
1
Exhibit 1 Dep of Crystal Hill
2
Exhibit 2 Dep of Kathy Lester
3
Exhibit 3 Dep of Karen Smith
3 Attachments
391
11/12/2014
NOTICE OF HEARING on Motion for Partial Summary Judgment 381 set for 2/5/2015 at 9:15 AM in Little Rock Courtroom # 4A before Judge James M. Moody Jr.
392
11/13/2014
NOTICE of Voluntary Dismissal by Craig Lyons
393
11/14/2014
ORDER: Pursuant to Plaintiff's 392 Notice of Voluntary Dismissal, Separate Plaintiff Craig Lyons' Fair Labor Standards Act retaliation claim is hereby dismissed with prejudice, each party to bear their own costs and attorneys fees. Signed by Judge James M. Moody Jr. on 11/14/2014.
394
01/29/2015
MOTION for Reconsideration re 360 Order on Motion for Partial Summary Judgment, Order on Motion to Dismiss, by All Plaintiffs
1
Exhibit 1 Sebastian Co Cir Ct Order
1 Attachment
395
01/29/2015
BRIEF IN SUPPORT re 394 Motion for Reconsideration filed by All Plaintiffs.
396
01/30/2015
RESPONSE in Opposition re 394 MOTION for Reconsideration re 360 Order on Motion for Partial Summary Judgment, Order on Motion to Dismiss, filed by Conagra Foods Packaged Foods LLC.
1
Exhibit A
2
Exhibit B
2 Attachments
397
02/01/2015
REPLY to Response to Motion re 394 MOTION for Reconsideration re 360 Order on Motion for Partial Summary Judgment, Order on Motion to Dismiss, filed by All Plaintiffs.
398
02/03/2015
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Pursuant to the Courts Order 378 dated May 7, 2014, which granted the Motion to Amend/Correct the Scheduling Order, the Jury Trial set for 3/2/2015 is removed from the docket. Signed by Judge James M. Moody Jr. on 2/3/2015.
399
02/03/2015
ORDER denying Plaintiffs' 394 Motion for Reconsideration of the Court's Order denying Plaintiffs' motion for partial summary judgment. Signed by Judge James M. Moody Jr. on 2/3/2015.
400
02/04/2015
ORDER allowing Joe Glynias and Brittany Falkowski, of the law firm of Husch Blackwell LLP to bring a cell phone, laptop computer, or personal digital assistant into the courthouse in Little Rock, Arkansas on 2/5/2015. Signed by Judge James M. Moody Jr. on 2/4/2015.
401
02/05/2015
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) CLERK'S MINUTES for proceedings held before Judge James M. Moody Jr.: MOTION HEARING held on Thursday, 2/5/2015 re 381 Defendants Motion for Summary Judgment. Following argument by counsel, parties advised that the Courts ruling and a written order are forthcoming. Josh Sanford, Steve Rauls present for Plaintiffs; Joe Glynias, Brittany Falkowski present for Defendant. (Court Reporter Karen Baker.)
402
09/30/2015
ORDER granting Defendant's 381 Motion for Partial Summary Judgment. Plaintiffs' donning and doffing claims as well as their claims for walking time are dismissed. Signed by Judge James M. Moody Jr. on 9/30/2015.
403
05/27/2016
MOTION for Order Defendants Notice Of Intervening Authority and Motion For A Status Conference by All Defendants
1
Exhibit A
1 Attachment
404
05/30/2016
Second MOTION for Reconsideration re 360 Order on Motion for Partial Summary Judgment, Order on Motion to Dismiss, by All Plaintiffs
1
Exhibit 1 Gerber v. Hewitt Opinion
1 Attachment
405
05/30/2016
BRIEF IN SUPPORT re 404 Motion for Reconsideration filed by All Plaintiffs.
406
06/01/2016
RESPONSE to Motion re 403 MOTION for Order Defendants Notice Of Intervening Authority and Motion For A Status Conference filed by All Plaintiffs.
407
06/09/2016
MOTION for Ruling on Plaintiffs' Motion for Class Certification (Doc. 307) by All Plaintiffs
408
06/09/2016
BRIEF IN SUPPORT re 407 Motion for Ruling filed by All Plaintiffs.
409
06/15/2016
RESPONSE in Opposition re 404 Second MOTION for Reconsideration re 360 Order on Motion for Partial Summary Judgment, Order on Motion to Dismiss, filed by Conagra Foods Packaged Foods LLC.
410
07/14/2016
ORDER denying 403 motion for status conference; granting in part and denying in part 404 motion for reconsideration; denying 407 motion for ruling; and referring this case to mediation. If necessary, the Court will enter a modified final scheduling order and Plaintiffs will be allowed to file an amended motion for class certification following mediation. Signed by Judge James M. Moody Jr. on 07/14/2016.
411
07/18/2016
ORDER REFERRING CASE to Magistrate Judge Jerome T. Kearney for Settlement Conference. Signed by Judge James M. Moody Jr. on 7/18/2016.
412
07/26/2016
NOTICE of Hearing: Settlement Conference set for 8/24/2016 at 10:00 AM in Little Rock, Arkansas, in Courtroom #4B, before Magistrate Judge Jerome T. Kearney.
413
08/22/2016
Docket Note re: 412 Notice of Hearing: The Settlement Conference has been cancelled and will be reset at a later date. Counsel are to contact the Court when they are ready to proceed with the Settlement Conference.
414
08/26/2016
NOTICE of Hearing: SCHEDULING TELEPHONE CONFERENCE set for 9/8/2016 at 10:00 AM before Judge James M. Moody Jr.
415
09/08/2016
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.)CLERK'S MINUTES for proceedings held before Judge James M. Moody Jr.:SCHEDULING CONFERENCE held on 9/8/2016. Parties agree to file a joint motion for new scheduling order with proposed dates. Counsel for Plaintiffs - Josh Sanford; Counsel for Defendants - Josef Glynias (Court Reporter Karen Baker.)
416
09/12/2016
Joint MOTION to Amend/Correct The Scheduling Order by All Defendants
417
09/29/2016
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 416 Motion to Amend/Correct the Scheduling Order. Amended Final Scheduling Order to follow. Signed by Judge James M. Moody Jr. on 9/29/2016.
418
09/29/2016
FINAL SCHEDULING ORDER: Jury Trial set sometime during the week of 9/25/2017 at 9:15 AM in Little Rock Courtroom # 4A before Judge James M. Moody Jr. Discovery due by 1/3/2017; Motions due by 3/1/2017; Pretrial Disclosure Sheet due by 8/28/2017; Status Report due by 4/5/2017. Signed at the Direction of the Court on 9/29/2016.
419
12/02/2016
NOTICE of Hearing: Settlement Conference set for 1/10/2017 at 10:00 AM in Little Rock, Arkansas, in Courtroom #4B before Magistrate Judge Jerome T. Kearney.
420
12/22/2016
Joint MOTION t