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Kansas workers seek to bar immigration questions
Class Action |
2011/08/03 08:38
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Workers who filed a class-action lawsuit against a Kansas slaughterhouse for unpaid wages and overtime have asked a federal judge to bar Creekstone Farms Premium Beef from discovering their immigration status during the litigation.
The employees have asked U.S. District Judge Eric Melgren for a protective order prohibiting the Arkansas City meatpacker from receiving from the named plaintiffs — or any other workers who opt into the lawsuit — any information pertaining to their present names or any other names they may have used.
They also seek to avoid having to disclose their place of birth, Social Security number and any present or prior addresses. The plaintiff's motion also seeks an order protecting the workers from having to turn over to Creekstone Farms any tax returns or any other tax forms filed under any of their identities or having to disclose the dates and times of entry into the United States. They also want to avoid turning over all identification documents likely to lead to the discovery of their immigration status.
Their attorney, Mark Kistler, told The Associated Press Tuesday that the courts already have decided that these types of information which could lead to discovery of immigration status should be protected from discovery during a lawsuit.
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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