O’Shea v. Hernandez and Harding (Indiana Packers Corporation “IPC” Class Action)

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This is a RICO class action brought against two human resource managers at Indiana Packers Corporation (“IPC”) located in Delphi, Indiana, for hiring large numbers of illegal aliens by falsely attesting on I-9 Forms that the illegal aliens presented genuine work authorization documents.  This class action is brought on behalf of all the legally authorized, hourly paid production workers at IPC, from 2012 through the present, to compensate them for the “wage depression” (i.e., below market wages) caused by the Defendants’ illegal hiring practices.

If you are a former or current worker of IPC, you may be part of this potential class action. Please contact us at (312) 726-1600 or co-counsel Susannah Hall-Justice (765-742-2987) if you have any information about the issues below:

  1. Hiring workers who have previously been employed at IPC under different names;
  2. Hiring workers who are known to the HR staff to be in the U.S. illegally and using false documents;
  3. Hiring workers who cannot speak English while claiming to be U.S. Citizens;
  4. Falsely completing I-9 Forms;
  5. Firing illegal workers after learning about this case;
  6. Raids/fines by INS or the Department of Homeland Security;
  7. Illegal aliens purchasing fake documents;
  8. The involvement of any other HR manager who is also responsible for hiring the illegal workers; and/or
  9. Any other information that you believe may assist the putative class.

Even if you do not believe you would be part of the potential class, if you have information that can help our case, please contact us immediately.

The case was filed on February 16, 2016 in the Northern District of Indiana.  On May 16, 2016, Plaintiff filed his Amended Class Action Complaint.  The Defendants’ moved to dismiss the Amended Complaint on June 14, 2016.  That motion is now fully briefed and we are awaiting a decision from the Court.  We will continue to update this page as the case progresses.

 

Case Documents:

Second Amended Class Action Complaint

 

***Important Updates***

On February 10, 2017, the Magistrate Judge entered an order recommending to the District Court that the case be dismissed based on standing and proximate cause grounds.   Plaintiff has 14 days (until February 24, 2017)  to file an objection to that recommendation.  We will keep you updated as this process continues.   Please contact our office you have any questions.

 

On February 21, 2017, Plaintiff filed a motion for leave to file a second amended complaint, to address the issues raised by the Magistrate Judge in its recommendation order.   We will keep you posted about the status of this motion.  Please contact our office you have any questions.

 

On April 21, 2017, the Court granted Plaintiff’s Motion for Leave to File the Second Amended Complaint, which was filed on April 26, 2017.  We will keep you posted about the status of the case.  Please check back.

 

July 2017:  The motion to dismiss the second amended complaint is now fully briefed. We are awaiting the Court’s ruling. Please check back for further information on the case.  We will update this page.