Unopposed Defense Request for Pretrial Coordination of Class Action Lawsuits Alleging Violations of Fair Labor Standards Act (FLSA) Pursuant to 28 U.S.C. § 1407 Granted by Judicial Panel
A dozen class action lawsuits were filed against Wayne Farms LLC alleging violations of the federal Fair Labor Standards Act (FLSA); specifically, the various class action complaints claimed that defendant failed to pay employees compensation due under the FLSA. In re Wayne Farms LLC Fair Labor Standards Act Litig., ___ F.Supp.2d ___, 2007 WL 3307545, *1 (Jud.Pan.Mult.Lit. November 2, 2007). Defense attorneys filed a motion with the Judicial Panel for Multidistrict Litigation (MDL) requesting centralization of the class actions pursuant to 28 U.S.C. § 1407 in the Southern District of Mississippi. Id. Plaintiffs in each of the class action lawsuits supported the motion, and the Judicial Panel agreed that pretrial coordination would “eliminate duplicative discovery; prevent inconsistent rulings on pretrial motions…; and conserve the resources of the parties, their counsel and the judiciary. Id. Accordingly, the Panel granted the defense motion and centralized the FLSA class action lawsuits in the Mississippi district court, id.