Flores v. Tyson Foods, Inc.
Plaintiff: Juana S. Flores
Defendant: Tyson Foods, Inc.
Case Number: 4:2012cv03089
Filed: May 4, 2012
Court: US District Court for the District of Nebraska
Office: 4 Lincoln Office
Presiding Judge: Joseph F. Bataillon
Presiding Judge: Pro Se Docket
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28 U.S.C. ยง 1331 Fed. Question: Employment Discrimination
Jury Demanded By: Plaintiff
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Date Filed Document Text
March 25, 2014 Opinion or Order Filing 199 MEMORANDUM AND ORDER that Defendant's motion for summary judgment 176 is granted, and this case is dismissed. Plaintiff's opposition to the summary judgment motion 180 is overruled. Defendant's motion to strike 192 is granted in part and denied in part as set forth herein. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Judge Joseph F. Bataillon. (JSF)
March 7, 2014 Opinion or Order Filing 195 ORDER granting 194 Motion to Extend. The deadlines to submit the Proposed Order on Final Pretrial Conference are outlined in the order. The April 28, 2014, Final Pretrial Conference and the June 2, 2014, Trial remain as scheduled. Ordered by Magistrate Judge Thomas D. Thalken. (ADB)
December 20, 2013 Opinion or Order Filing 174 ORDER - IT IS ORDERED: Tyson's Motion for Determination of Place of Trial (Filing No. 160 ) is granted. Flores' Motion in Opposition to Change Place of Trial (Filing No. 171 ) is denied. The Clerk of Court shall amend the docket shee t to reflect the place of trial is North Platte, Nebraska. The Final Pretrial Conference remains scheduled for April 28, 2014, at 9:00 a.m. in Courtroom 7, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. Trial is rescheduled for June 2, 2014, in North Platte, Nebraska, before the Honorable Joseph F. Bataillon and jury. Pursuant to NECivR 72.2 any objection to this Order shall be filed with the Clerk of the Court within fourteen (14) days after being serve d with a copy of this Order. Failure to timely object may constitute a waiver of any objection. The brief in support of any objection shall be filed at the time of filing such objection. Failure to file a brief in support of any objection may be deemed an abandonment of the objection. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(TCL )
December 6, 2013 Opinion or Order Filing 170 ORDER - IT IS ORDERED: Flores' Motion (Filing No. 158 ) is denied. Flores' Motion to Compel (Filing No. 167 ) is denied. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(TCL )
October 25, 2013 Opinion or Order Filing 152 SECOND AMENDED ORDER SETTING SCHEDULE FOR PROGRESSION OF CASE - IT IS ORDERED:The defendant's Motion to Extend Deadlines (Filing No. 149 ) is granted. Final Pretrial Conference set for 4/28/2014 at 09:00 AM in Courtroom 7, Roman L. Hruska Fede ral Courthouse, 111 South 18th Plaza, Omaha, NE before Magistrate Judge Thomas D. Thalken. Jury Trial set for 5/19/2014 at 08:30 AM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Joseph F. Bataillon. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(TCL )
October 3, 2013 Opinion or Order Filing 148 ORDER granting 142 Motion to Extend ; denying 143 motion to take a second deposition of Stacey Hunt-Amos; granting 145 Motion to Quash or for a Protective Order. The deadline for the parties to complete discovery and take depositions is exte nded until December 4, 2013. Counsel for the defendant shall provide a copy of this order to the plaintiff in person on October 4, 2013, prior to the depositions, or by email on October 3, 2013, if such email is available. Regardless, the Clerk of Court shall mail a copy of this order to the plaintiff pursuant to standard court procedures. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
September 12, 2013 Opinion or Order Filing 137 ORDER - IT IS ORDERED: Flores' Motion to Compel with Support Documents (Filing No. 102 ) is denied. Tyson's Objection to Plaintiff's Notice of Intent to Issue Subpoena and/or Motion for Protective Order (Filing No. 109 ) is sustain ed and granted. Flores' Motion in Opposition (Filing No. 114 ) is denied. Flores' Notices (Filing No. 103, 124-127, and 131-136) are quashed. Flores' Motion for Subpoenas (Filing No. 113 ) is denied. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(TCL)
August 29, 2013 Opinion or Order Filing 121 AMENDED ORDER SETTING SCHEDULE FOR PROGRESSION OF CASE - IT IS ORDERED: The defendant's Motion to Extend Deadlines (Filing No. 120 ) is granted. Final Pretrial Conference set for 2/27/2014 at 09:00 AM in Courtroom 7, Roman L. Hruska Federal Cou rthouse, 111 South 18th Plaza, Omaha, NE before Magistrate Judge Thomas D. Thalken. Jury Trial set for 4/21/2014 at 08:30 AM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Joseph F. Bataillon. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(TCL )
August 26, 2013 Opinion or Order Filing 116 ORDER - IT IS ORDERED: The plaintiff's Motion to Extend Deadlines (Filing No. 112 ) is granted. The deadline for the parties to complete discovery and take depositions is hereby extended. The court will set a new deadline when it resolves the parties' other discovery-related motions. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(TCL )
May 21, 2013 Opinion or Order Filing 92 ORDER - IT IS ORDERED: Tyson's Motion to Extend Deadlines (Filing No. 89 ) is granted, in part, as set forth below: Flores' Motion to Oppose Deadline Extension (Filing No. 91 ) is denied. IT IS FURTHER ORDERED: The Final Pretrial Con ference with the undersigned magistrate judge is set for January 27, 2014, at 10:00 a.m. in chambers, Suite 2271, Roman L. Hruska United States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. The final pretrial conference shall be attended by any parties proceeding without counsel and lead counsel for represented parties. The date of trial shall be set at the Final Pretrial Conference. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(TCL )
May 9, 2013 Opinion or Order Filing 90 ORDER - IT IS ORDERED: The plaintiff shall have until May 20, 2013, to respond to the defendant's Motion to Extend Deadlines (Filing No. 89 ) by filing a brief with the Clerk of Court. The brief should contain a statement that the plaintiff d oes not oppose the extension or an explanation with specific reasons why an extension should not be granted, such as the extension would create a hardship for the plaintiff or the defendant has failed to diligently pursue discovery. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(TCL )
April 16, 2013 Opinion or Order Filing 86 MEMORANDUM AND ORDER regarding Restricted Document 85 filed by Juana S. Flores. Pro se plaintiff Juana Flores recently mailed this court copies of documents responsive to Defendants outstanding discovery requests. Several of the documents contain confidential information. Accordingly, IT IS ORDERED:1) The clerk's office shall file these documents as "restricted access" documents.2) The plaintiff is advised, pursuant to NECivR 5.4(a), she should not file responses to discovery with this court. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party with original docuemnts)(JAB)
March 15, 2013 Opinion or Order Filing 83 MEMORANDUM AND ORDER regarding pending motions:1) Plaintiff's Motion to Request Order For Protection of Discovery (Filing No. 56 ) is granted in part and denied in part. 2) Plaintiff's Motion for Sanctions (Filing No. 75 ) is deni ed.3) Plaintiff's Motion to Compel (Filing No. 69 ) is denied.4) Defendant's Motion for Protective Order (Filing No. 63 ) is granted with the following limitations on the disclosure and use of Confidential Information by any party or non-party...Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(JAB)
February 5, 2013 Opinion or Order Filing 82 MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: The above-mentioned motions are referred to Magistrate Judge Zwart for decision. (Filing Nos. 56 , 63 , 69 , and 75 .) See General Order 2010- 02 ("Except for motions filed under 28 U.S.C. § 2255 and except for death penalty cases, all pro se cases shall be assigned to Magistrate Judge Zwart as the assigned magistrate judge."). Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
December 28, 2012 Opinion or Order Filing 77 MEMORANDUM AND ORDER granting 66 Motion to Extend. All depositions, whether or not they are intended to be used at trial, shall be completed by June 5, 2013. Motions to compel discovery shall be filed on or before June 5, 2013. All dispositive motions shall be filed on or before July 19, 2013. Pretrial Conference set for 10/25/2013 at 11:00 AM in Chambers before Magistrate Judge Cheryl R. Zwart. The trial date will be set by the Magistrate Judge at the time of the Final Pretrial Conference. Pro Se Case Management Deadline: Pretrial conference before Magistrate Judge Cheryl Zwart to be held on October 25, 2013. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(ADB)
October 12, 2012 Opinion or Order Filing 42 MEMORANDUM AND ORDER that plaintiff's 36 Motion to Compel is granted to the extent it is consistent with this Memorandum and Order. Plaintiff has until October 31, 2012, to serve her rewritten discovery requests on Defendant, if she has no t already done so. Defendant is ordered to respond to Plaintiff's rewritten discovery requests by October 31, 2012, or within 30 days of receiving the requests, whichever date is later. The progression deadlines are extended. Defense counsel shall submit the Proposed Order on Final Pretrial Conference to the court by no later than May 22, 2013. The Final Pretrial Conference will be held before the Magistrate Judge on May 30, 2013, at 10:00 a.m. The clerk's office is directed to set a pro se case management deadline in this case using the following text: Pretrial conference to be held May 30, 2013. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(ADB, )
August 31, 2012 Opinion or Order Filing 35 AMENDED ORDER SETTING SCHEDULE FOR PROGRESSION OF CASE granting 34 Motion to Extend. Depositions to be completed by December 6, 2012. The trial date will be set by the Magistrate Judge at the time of the Final Pretrial Conference. Pretrial Conf erence set for 5/2/2013 at 11:00 AM in Chambers before Magistrate Judge Cheryl R. Zwart. The Clerk of the court is directed to set a pro se case management deadline in this case using the following text: Pretrial conference before Magistrate Judge Cheryl Zwart to be held on May 2, 2013. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(TCL )
July 5, 2012 Opinion or Order Filing 14 MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's Motion for Subpoena (Filing No. 7 ) is denied as moot. Defendant's Motion for Leave to Engage in Discovery Prior to the Issuance of a Progression Order (Filing No. 10 ) i s denied as moot. The clerk's office is directed to send to Plaintiff a copy of the court's Guide to Self Representation for Non-Prisoners. Plaintiff is advised that pages 22-23 of this guide provide information about case progression and discovery. Plaintiff should note that the contents of this guide are provided for informational purposes only and do not constitute legal advice. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party with Guide)(TCL )
May 17, 2012 Opinion or Order Filing 6 MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's Motion to Appoint Counsel (Filing No. 3 ) is denied without prejudice. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
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Defendant: Tyson Foods, Inc.
Represented By: Homero E. Vela
Represented By: Marcia A. Washkuhn
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Plaintiff: Juana S. Flores
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