Martinez v. Cargill Meat Solutions

Plaintiff: Juan Martinez and Antonio Guzman
Defendant: Cargill Meat Solutions
 
Case Number: 4:2009cv03079
Filed: April 23, 2009
 
Court: Nebraska District Court
Office: 4 Lincoln Office
County: Colfax
Presiding Judge: Richard G. Kopf
Referring Judge: David L. Piester
 
Nature of Suit: Plaintiff
Cause of Action: 29:201 Fair Labor Standards Act
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
November 17, 2010 102 Featured Case ORDER - Defendant's motion for extension of time to file a reply brief (Case No. 4:09CV3079, filing 100 ; Case No. 8:09CV247, filing 72) is granted; Defendant shall file its brief in reply to Plaintiffs' opposition to Defendant's motion for partial summary judgment on or before December 3, 2010. Member Cases: 4:09-cv-03079-RGK-CRZ, 8:09-cv-00247-RGK -CRZ Ordered by Judge Richard G. Kopf. (TCL )
June 1, 2011 107 Featured Case MEMORANDUM AND ORDER - IT IS ORDERED: A telephonic status conference to discuss further case progression will be held before the undersigned magistrate judge on June 16, 2011 at 1:00 p.m. Counsel for the plaintiffs shall place the call. The June 16 , 2011 status conference will be cancelled if, prior to the conference call, the parties: a. advise the court that the case is settled, along with a proposed date for submitting a motion to approve the settlement; or b. propose a suitable schedule (b y motion, stipulation, or email to zwart@ned.uscourts.gov) for further progression of this case to trial. (Telephone Conference set for 6/16/2011 at 01:00 PM by telephone before Magistrate Judge Cheryl R. Zwart) Member Cases: 4:09-cv-03079-RGK-CRZ, 8:09-cv-00247-RGK-CRZ Ordered by Magistrate Judge Cheryl R. Zwart. (TEL)
June 16, 2011 108 Featured Case MEMORANDUM AND ORDER. The parties' joint motion for court approved settlement shall be filed on or before 7/8/2011. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)
July 9, 2009 16 Featured Case ORDER granting 15 Motion to Extend. Parties' joint motion to continue, (filing no. 15 ), is granted, and the deadline for filing the Rule 26(f) Report of Parties' Planning Conference is extended to July 20, 2009. Ordered by Judge Richard G. Kopf. (JAB)
October 19, 2009 40 Featured Case MEMORANDUM AND ORDER regarding MOTION to Certify Class and to Facilitate Notice Pursuant to 29 U.S.C. s.216(b) 19 . On or before November 9, 2009, the plaintiffs and defendant shall file a brief, along with an index of any relevant evidence t he court should consider for determining if United Food and Commercial Workers Local Union No. 22 must or should be joined as a plaintiff or defendant under Rule 19 of the Federal Rules of Civil Procedure. Any responsive briefs and evidence shall be filed on or before December 4, 2009. No reply briefs shall be filed absent leave of the court for good cause shown. On or before November 2, 2009, counsel for the plaintiffs shall serve United Food and Commercial Workers Local Union No. 22 with a co py of this order, along with a copy of the plaintiffs' complaint, the defendant's answer, and the plaintiff's motion to certify a class. Plaintiffs counsel shall file a certificate of service stating when, on whom, and in what manner the union was served. Ordered by Judge Richard G. Kopf. (JAB)
December 8, 2009 54 Featured Case MEMORANDUM AND ORDER - It is hereby recommended to United States District Judge Joseph F. Bataillon that Haferland, et al. v. Cargill Meat Solutions Corp., Case No. 8:09-cv-247 be reassigned to United States District Court Judge Richard G. Kopf. Def endant's motion to consolidate will be held in abeyance pending reassignment of Haferland, et al. v. Cargill Meat Solutions Corp., Case No. 8:09-cv-247 to the undersigned. The Clerk of the court is directed to provide a copy of this order to United States District Judge Joseph F. Bataillon and United States Magistrate Judge Thomas D. Thalken. Ordered by Judge Richard G. Kopf. (Copies provided as directed via email)(GJG)
December 11, 2009 56 Featured Case MEMORANDUM AND ORDER granting 37 Motion for Leave to file supplemental authority; granting in part and denying in part plaintiffs' Motion to Certify Class 19 , as more specifically described in the memorandum and order; and setting progression deadlines for service of notice and return of opt-in consent forms. Ordered by Judge Richard G. Kopf. (CRZ) Modified on 12/14/2009 to correct filing date (GJG).
December 30, 2009 61 Featured Case MEMORANDUM AND ORDER granting 41 Motion to Consolidate Cases. The above-captioned case is consolidated with Haferland, et al. v. Cargill Meat Solutions Corp., Case No. 8:09-cv-247 (D. Neb. 2009) for discovery, trial and all other purposes. The above-captioned case is hereby designated as the "Lead Case." Ordered by Judge Richard G. Kopf. (JAB)
January 22, 2010 72 Featured Case ORDER. Cheryl Zwart has been sworn in as our new Magistrate Judge in Lincoln. Following our past practice of referring the full range of activities to the Lincoln magistrate judge, it is my intention to do so with Judge Zwart. Accordingly,IT IS ORD ERED that:(1)The following matter previously scheduled before the undersigned is herewith referred to Judge Zwart, to wit,(A)Nature of hearing:Pretrial conference.(B)Date and time of hearing: Tuesday, November 23, 2010, at 10:00 a.m.(C)Place of heari ng: Judge Zwart's chambers, Room 566, United States Courthouse and Federal Building, 100 Centennial Mall, North, Lincoln, Nebraska.(2)Judge Zwart will issue a report and recommendation or order as is appropriate. Ordered by Judge Richard G. Kopf. (KLL, )
March 4, 2010 77 Featured Case MEMORANDUM AND ORDER - In accordance with discussion following a telephonic conference today to discuss the current status and future progression of this case: By agreement of the defendant, conditional class certification is granted in Haferland, et . al. v. Cargill, 8:09CV00247. Plaintiff Martinez' motion to restrict, (4:09CV3079, filing no. 63 ), and his unopposed motion for approval of notice and opt-in consent form, (4:09CV3079, filing no. 69 ), are granted. Plaintiff Martinez' motion for hearing, (4:09CV3079, filing no. 65 ), is denied. On or before March 17, 2010, the parties shall confer to develop a joint stipulation for setting progression deadlines in this case. Member Cases: 4:09-cv-03079-RGK-CRZ, 8:09-cv-00247-RGK-CRZOrdered by Magistrate Judge Cheryl R. Zwart. (JAB)
March 5, 2010 78 Featured Case AMENDED MEMORANDUM AND ORDER - By agreement of the defendant, conditional class certification is granted in Haferland, et. al. v. Cargill, 8:09CV00247, with the conditional class defined to include: All current and former non-exempt hourly employees who have been employed at any time by Defendant at its Schuyler, NE facility during the time period from April 20, 2006 to the present, who were compensated on a gang time system and wore or used personal protective equipment. Plaintiff Martinez 9; motion to restrict, (4:09CV3079, filing no. 63 ), and his unopposed motion for approval of notice and opt-in consent form, (4:09CV3079, filing no. 69 ), are granted. Plaintiff Martinez' motion for hearing, (4:09CV3079, filing no. 65 ), is denied. The deadline for opting into this case is forty-five (45) days from the date the Notice and consent form is actually mailed, and the court-approved Notice will include that deadline. Putative plaintiffs who have not consented to opt-in wit hin the forty-five (45) day deadline will not be included in the conditional class. On or before March 12, 2010, counsel for Martinez and Haferland shall confer to discuss how discovery and case progression can be coordinated among the plaintiffs in this case, the goal being to develop cooperative discovery methods which avoid duplicating discovery requests, depositions, and effort, including possibly withdrawing the written discovery already served on the defendant in favor of sending a single non-repetitive set. On or before March 17, 2010, the parties shall confer to develop a joint stipulation for setting progression deadlines in this case. The joint stipulation shall address what is outlined in this Order. The parties' propose d progression schedule shall be emailed to the undersigned at zwart@ned.uscourts.gov. If any case progression issues cannot be jointly resolved by the parties, the proposed progression schedule shall identify those issues and set forth the parties respective positions. Member Cases: 4:09-cv-03079-RGK-CRZ, 8:09-cv-00247-RGK-CRZ. Ordered by Magistrate Judge Cheryl R. Zwart. (KBJ) Modified on 3/5/2010 to add text "amended" (KBJ).
April 1, 2010 79 Featured Case PROGRESSION ORDER that the Court approves the proposed scheduling plan submitted by the parties, including the plan to progress this case in phases. This progression schedule for Phase I of this litigation only is set forth in the order.Member Cases: 4:09-cv-03079-RGK-CRZ, 8:09-cv-00247-RGK-CRZOrdered by Magistrate Judge Cheryl R. Zwart. (ADB, )
June 18, 2010 81 Featured Case PROTECTIVE ORDER granting 80 Motion for Protective Order in case 4:09-cv-03079-RGK-CRZ; granting 50 Motion for Protective Order in case 8:09-cv-00247-RGK -CRZ Member Cases: 4:09-cv-03079-RGK-CRZ, 8:09-cv-00247-RGK -CRZ. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL )
June 21, 2010 83 Featured Case AMENDED PROGRESSION SCHEDULE - IT IS HEREBY ORDERED that the deadlines set in the April 1, 2010 Progression Order are continued. Member Cases: 4:09-cv-03079-RGK-CRZ, 8:09-cv-00247-RGK -CRZOrdered by Magistrate Judge Cheryl R. Zwart. (TCL )
July 6, 2010 85 Featured Case STIPULATED PROTECTIVE ORDER. Member Cases: 4:09-cv-03079-RGK-CRZ, 8:09-cv-00247-RGK -CRZOrdered by Magistrate Judge Cheryl R. Zwart. (TCL )
August 3, 2010 87 Featured Case ORDER granting 86 Joint Motion to Continue in case 4:09-cv-03079 and (58) Joint Motion to Continue in case 8:09-cv-00247. The Phase I deposition deadline is continued to August 26, 2010. Defendant's deadline to file a motion for summary judgm ent on the 29 U.S.C.A. §§ 203(o) and 259 and the state law preemption issues is continued to October 15, 2010, Plaintiffs' deadline to file a joint opposition to the motion is continued to November 5, 2010, and the deadline for any reply by Defendant is continued to November 19, 2010. Member Cases: 4:09-cv-03079-RGK-CRZ, 8:09-cv-00247-RGK -CRZOrdered by Magistrate Judge Cheryl R. Zwart. (JAB)
November 9, 2010 96 Featured Case MEMORANDUM AND ORDER - IT IS ORDERED that the pretrial conference scheduled in case no. 4:09CV3079 for November 23, 2010 at 10:00 a.m., and the trial scheduled in 4:09CV3079 for December 13, 2010 are continued pending further order of the court. Member Cases: 4:09-cv-03079-RGK-CRZ, 8:09-cv-00247-RGK -CRZ Ordered by Magistrate Judge Cheryl R. Zwart. (TCL )
November 15, 2010 99 Featured Case MEMORANDUM AND ORDER - Plaintiffs' Motion to Strike from the Public Record and File under Seal Exhibit EE and Exhibit S to Plaintiffs' Index of Evidence in Opposition to Defendant's Motion for Partial Summary Judgment (Case No. 4:09CV3 079, filing 98 ; Case No. 8:09CV247, filing 70) is granted. The Clerk of Court shall strike Exhibit EE (Case No. 4:09CV3079, filing 93-31 at CM/ECF pp. 1-2; Case No. 8:09CV247, filing 65-31 at CM/ECF pp. 1-2) from the record and file it under seal. Access to the document is hereby restricted to the court and the parties to this action, including counsel of record. The Clerk of Court shall strike page 39 of Exhibit S (Case No. 4:09CV3079, filing 93-19 at CM/ECF p. 39; Case No. 8:09CV247, filin g 65-19 at CM/ECF p. 39) from the record and file it under seal. Access to page 39 of Exhibit S is hereby restricted to the court and the parties to this action, including counsel of record. Member Cases: 4:09-cv-03079-RGK-CRZ, 8:09-cv-00247-RGK -CRZ. Ordered by Judge Richard G. Kopf. (TCL )

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Plaintiff: Juan Martinez
Represented By: W. Hank Willson, IV
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Plaintiff: Antonio Guzman
Represented By: W. Hank Willson, IV
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Defendant: Cargill Meat Solutions
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