PARKER v. PERDUE FARMS INC et al
Case Summary
On July 22, 2022, Roger Parker (“Plaintiff”), on his own behalf and on behalf of all others similarly situated, represented by Jamie Crooks, Jarred A. Klofrein, and T. Brandon Waddell, filed a class action lawsuit against Perdue Farms, Inc. and Perdue Foods, LLC (“Defendants”), seeking injunctive relief and damages for alleged breach of contract and fraud. This case was filed in the U.S. District Court for the Middle District of Georgia, with Judge Tilman E. Self, III, presiding.
In the complaint, Plaintiff stated, “Broilers’ are chickens raised for meat consumption. Modern broilers are generally slaughtered when they are about six weeks old.”
The plaintiff then claimed that “Perdue is the third largest broiler chicken company in the country. Perdue is highly vertically integrated, with its employees overseeing almost every aspect of the process.”
Plaintiff alleged, “While Perdue now directly owns almost all of its broiler supply chain, it has generally not purchased the farms where its chicks are raised to full weight. Instead, Perdue outsources the process of raising birds to broiler growers that Perdue calls ‘independent farmers’ but in truth, the growers are anything but independent.”
Plaintiff also alleged, “Perdue refuses to grant growers the independence they were promised or the compensation they are entitled to.”
The plaintiff further alleged, “Indeed, this financial risk—and Perdue’s unwillingness to compensate growers with the wages and benefits to which employees are entitled—is why Perdue falsely classifies its growers as ‘independent.’ In reality, however, Perdue’s growers are employees entirely under the control of Perdue.”
The plaintiff then alleged, “Perdue requires growers to work exclusively for Perdue. After the contract is signed, Perdue uses onerous guidelines to take this exclusivity to extreme lengths: for example, preventing growers and their ‘family members’ from even visiting a farm associated with a different integrator.”
The plaintiff alleged, “Put differently, Perdue has devised a scheme to saddle growers with risk and debt, while at the same time directing and controlling every aspect of the chicken growing process and refusing to compensate growers in the manner that federal law requires.”
Plaintiff also alleged, “The Poultry Producer Agreement states that growers will perform work ‘using the skills, knowledge, and discretion” that each grower ‘possesses.’ This is false, as becomes clear well after a grower signs the Poultry Producer Agreement.”
Additionally, the plaintiff alleged, “Rather than properly pay its growers, Perdue wants to have its cake and eat it too: have growers that function as controlled employees but compensate them as if they are independent contractors and force them to bear financial burdens that employees should not have to bear.”
Plaintiff presented eight claims for relief, including for alleged violation of the Fair Labor Standards Act (29 U.S.C. § 201 et seq.), breach of contract, declaratory judgment, fraud, negligent misrepresentation, unjust enrichment, and unfair and discriminatory practices.
In the prayer for relief, the plaintiff requested injunctive and declaratory relief as well as an award for punitive damages, restitution, and pre- and post-judgment interest.
This is a summary of a legal complaint. All statements, claims, and allegations listed herein reflect the position of the plaintiff only and do not represent the position of UniCourt. Additionally, this case summary may not reflect the current position of the parties to this litigation or the current status of this case. To view the latest case updates and court documents, please sign up for a UniCourt account.
Case Details
-
Case Number:
5:22-cv-00268
-
Filing Date:
07/22/2022
-
Case Status:
Open
-
Case Type:
Labor and Employment - Labor Standard
-
Court:
-
Courthouse :
Judge Details
Presiding Judge
TILMAN E SELF, III
Party Details
Plaintiff
ROGER PARKER
Defendant
PERDUE FOODS LLC
Attorney/Law Firm Details
Plaintiff and Other Attorneys Attorneys
EMILY CARDEN SNOW
JAMIE CROOKS
JARRED A KLORFEIN
T BRANDON WADDELL
Defendant Attorneys
JEFFREY JOHN COSTOLNICK
RICHARD L ETTER
MICHAEL OLIVER ECKARD
MARGARET SANTEN
KEVIN HISHTA
Court Documents
(#83) NOTICE of Attorney Appearance by EMILY CARDEN SNOW on behalf of ROGER PARKER Attorney EMILY CARDEN SNOW added to party ROGER PARKER(pty:pla)(SNOW, EMILY) (Entered: 07/26/2024)
Proposed Order
Exhibit C - Levengood declaration
Exhibit B-3 - Negligent misrepresentation claim
Exhibit B-2 - Breach of Contract claims
Exhibit B-1 - Independent Contractor claims
Exhibit A - Tripp dep excerpts
Memorandum in Support
(#82) MOTION to Strike by PERDUE FOODS LLC filed by MARGARET SANTEN. (Attachments: #1 Memorandum in Support, #2 Exhibit A - Tripp dep excerpts, #3 Exhibit B-1 - Independent Contractor claims, #4 Exhibit B-2 - Breach of Contract claims, #5 Exhibit B-3 - Negligent misrepresentation claim, #6 Exhibit C - Levengood declaration, #7 Proposed Order)(SANTEN, MARGARET) (Entered: 07/19/2024)
(#5) NOTICE of Attorney Appearance by JARRED A KLORFEIN on behalf of ROGER PARKER Attorney JARRED A KLORFEIN added to party ROGER PARKER(pty:pla)(KLORFEIN, JARRED) (Entered: 08/04/2022)
(#4) SUMMONS Returned Executed by ROGER PARKER as to PERDUE FOODS LLC. (WADDELL, T) (Entered: 08/04/2022)
(#3) SUMMONS Returned Executed by ROGER PARKER as to PERDUE FARMS INC. (WADDELL, T) (Entered: 08/04/2022)
Summons PURDUE FOODS LLC
Main Document
Civil Cover Sheet
Summons - Perdue Foods, LLC
Summons - Perdue Farms, Inc.
Main Document
Docket Entries
Docket(#83) NOTICE of Attorney Appearance by EMILY CARDEN SNOW on behalf of ROGER PARKER Attorney EMILY CARDEN SNOW added to party ROGER PARKER(pty:pla)(SNOW, EMILY) (Entered: 07/26/2024)
[-] Read LessDocket(#82) MOTION to Strike by PERDUE FOODS LLC filed by MARGARET SANTEN. (Attachments: #1 Memorandum in Support, #2 Exhibit A - Tripp dep excerpts, #3 Exhibit B-1 - Independent Contractor claims, #4 Exhibit B-2 - Breach of Contract claims, #5 Exhibit B-3 - Negligent misrepresentation claim, #6 Exhibit C - Levengood declaration, #7 Proposed Order)(SANTEN, MARGARET) (Entered: 07/19/2024)
[-] Read LessDocket(#81) Minute Order (content for administrative purposes only) for proceedings held before US DISTRICT JUDGE TILMAN E. SELF, III: Telephone Conference held on 6/27/2024. Court Reporter: Tammy DiRocco.Time in Court: 22 minutes. (ech) (Entered: 06/27/2024)
[-] Read LessDocketREMARK: Call-in instructions emailed to counsel. (vs) (Entered: 06/26/2024)
[-] Read LessDocketNOTICE OF SETTING hearing. Telephone Conference set for 6/26/2024 04:00 PM in Macon before US DISTRICT JUDGE TILMAN E SELF III. (vs) (Entered: 06/25/2024)
[-] Read LessDocket(#80) NOTICE of Attorney Appearance by JEFFREY JOHN COSTOLNICK on behalf of PERDUE FOODS LLC Attorney JEFFREY JOHN COSTOLNICK added to party PERDUE FOODS LLC(pty:dft)(COSTOLNICK, JEFFREY) (Entered: 05/17/2024)
[-] Read LessDocket(#79) ORDER denying #78 Motion for clarification. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 4/26/2024. (vs) (Entered: 04/26/2024)
[-] Read LessDocket(#78) MOTION for Clarification on Effect of Court's Order Denying Conditional Certification on Former Plaintiff Barbara Tripp's Claims by PERDUE FOODS LLC filed by MARGARET SANTEN. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Exhibit A - Complaint)(SANTEN, MARGARET) (Entered: 04/24/2024)
[-] Read LessDocket(#77) ORDER denying #52 Motion to Certify Class; denying as moot #58 Motion to Dismiss. The Court DISMISSES opt-in Plaintiff Barbara Tripp from this lawsuit without prejudice. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 3/14/2024 (vs) (Entered: 03/14/2024)
[-] Read LessDocket(#76) SURREPLY filed by PERDUE FOODS LLC re #52 MOTION to Certify Class (SANTEN, MARGARET) (Entered: 03/04/2024)
[-] Read LessDocket(#9) NOTICE of Attorney Appearance by Kevin Hishta on behalf of PERDUE FARMS INC, PERDUE FOODS LLC Attorney Kevin Hishta added to party PERDUE FARMS INC(pty:dft), Attorney Kevin Hishta added to party PERDUE FOODS LLC(pty:dft)(Hishta, Kevin) (Entered: 08/16/2022)
[-] Read LessDocketNotice of Deficiency (related document(s): #6 Stipulation filed by PERDUE FOODS LLC, PERDUE FARMS INC ); Wrong event used. The correct event is "MOTION FOR MISCELLANEOUS RELIEF," when prompted enter in the type of relief you are requeting. Please do not re-file, corrected by case manager. In the future, please do not file a combination document that contains a motion and another type of filing. Motions must be filed using a motion event. (ggs) (Entered: 08/15/2022)
[-] Read LessDocket(#8) NOTICE of Attorney Appearance by MARGARET SANTEN on behalf of PERDUE FARMS INC, PERDUE FOODS LLC Attorney MARGARET SANTEN added to party PERDUE FARMS INC(pty:dft), Attorney MARGARET SANTEN added to party PERDUE FOODS LLC(pty:dft)(SANTEN, MARGARET) (Entered: 08/15/2022)
[-] Read LessDocket(#7) NOTICE of Attorney Appearance by Michael Oliver Eckard on behalf of PERDUE FARMS INC, PERDUE FOODS LLC Attorney Michael Oliver Eckard added to party PERDUE FARMS INC(pty:dft), Attorney Michael Oliver Eckard added to party PERDUE FOODS LLC(pty:dft)(Eckard, Michael) (Entered: 08/15/2022)
[-] Read LessDocket(#6) JOINT MOTION to Set Page Limits, Deadlines, and Briefing Schedule and STIPULATION by PERDUE FARMS INC, PERDUE FOODS LLC (SANTEN, MARGARET) Modified on 8/15/2022 to change event to a motion and to edit text. (ggs). (Entered: 08/15/2022)
[-] Read LessDocket(#5) NOTICE of Attorney Appearance by JARRED A KLORFEIN on behalf of ROGER PARKER Attorney JARRED A KLORFEIN added to party ROGER PARKER(pty:pla)(KLORFEIN, JARRED) (Entered: 08/04/2022)
[-] Read LessDocket(#4) SUMMONS Returned Executed by ROGER PARKER as to PERDUE FOODS LLC. (WADDELL, T) (Entered: 08/04/2022)
[-] Read LessDocket(#3) SUMMONS Returned Executed by ROGER PARKER as to PERDUE FARMS INC. (WADDELL, T) (Entered: 08/04/2022)
[-] Read LessDocket(#2) Summons Issued as to PERDUE FARMS INC, PERDUE FOODS LLC. (Attachments: #1 Summons PURDUE FOODS LLC)(ggs) (Entered: 07/25/2022)
[-] Read LessDocket(#1) COMPLAINT against PERDUE FARMS INC, PERDUE FOODS LLC Fee paid: Receipt # AGAMDC-4141817, $402 filed by ROGER PARKER (Attachments: #1 Summons - Perdue Farms, Inc., #2 Summons - Perdue Foods, LLC, #3 Civil Cover Sheet)(WADDELL, T) (Entered: 07/22/2022)
[-] Read LessSearch Court Records
Dig Deeper
Get Deeper Insights on Court Cases