Cortez et al v. Nebraska Beef
| Jorge Contreras, Isaac E. Valencia, Gregory Garcia, Fermin Cortez, Javier Moreno Lopez, Santos Perez, Lorenzo Jimenez and Terry Johnson |
| Nebraska Beef |
| 8:2008cv00090 |
| March 3, 2008 |
| US District Court for the District of Nebraska |
| Labor: Fair Standards Office |
| Douglas |
| Joseph F. Bataillon |
| Thomas D. Thalken |
| Defendant |
| Federal Question |
| 29:201 Fair Labor Standards Act |
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The following documents for this case are available for you to view or download:
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Filing
398
ORDER - The claims administrator's request to be paid $27,825.52 from the hold-back fund for unanticipated Settlement Administration costs incurred by Rust through August 2013 is approved. The hold-back fund, with a current balance of 6;41,795.67, will be used to compensate the claims administrator for its unanticipated costs of $27,825.52. Following payment to the claims administrator, the balance remaining in the hold-back fund shall be dispersed to the cy pres recipient as provided for in the Settlement Agreement. Member Cases: 8:08-cv-00090-JFB-TDT, 8:08-cv-00099-JFB-TDTOrdered by Judge Joseph F. Bataillon. (AOA)
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Filing
396
ORDER - Class Counsel's motion for payment in the amount of $14,891.64 from the residue of the Hold-back Fund (Filing No. 395 in 8:08CV90 and Filing No. 510 in 8:08CV99) is approved. The Claims Administrator, Rust Consulting, Inc., is h ereby ordered to disburse $14,891.64 from the residue of the Hold-back Fund to Class Counsel. Funds remaining in the Hold-back Fund shall revert to the cy pres recipient as provided in the Settlement Agreement. Member Cases: 8:08-cv-00090-JFB-TDT, 8:08-cv-00099-JFB-TDTOrdered by Judge Joseph F. Bataillon. (GJG)
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Filing
394
ORDER GRANTING FINAL APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT. The Court grants final approval of the parties' Settlement Agreement and Release. The Claims Administrator is hereby ordered to disburse the Gross Settlement Amount as set forth in the Settlement Agreement. The parties are directed to comply with the terms of the Settlement Agreement. Member Cases: 8:08-cv-00090-JFB-TDT, 8:08-cv-00099-JFB-TDT Ordered by Judge Joseph F. Bataillon. (TEL)
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Filing
385
MEMORANDUM AND ORDER - The parties' joint motion for preliminary approval of proposed class action settlement agreement (Filing No. (381) in 8:08CV90 and Filing No. (496) in 8:08CV99) is granted. The proposed Settlement Agreement (Filin g No. (383), Cottrell Decl., Ex. 1 (Doc # 383-3, Page ID ## 6389-6413) in 8:08CV90, and Filing No. (498) in 8:08CV99) is preliminarily approved. Rust Consulting, Inc., is approved as the claims administrator of the proposed settlement and t he costs of administration are preliminarily approved. The Notice of Proposed Class Action Settlement and Claim Form (Filing No. (383), Index of Evid., Exs. 2 & 3 in 8:08CV90, and Filing No. (498), Index of Evid., Exs. 2 & 3 in 8:08CV99) ar e approved. The parties' agreed-upon implementation schedule for completing the process (Filing No. (381) in 8:08CV90 and Filing No. (496) in 8:08CV99, Joint Motion at 2) is approved. The claims administrator shall mail the Notice of Prop osed Class Action Settlement and Claim Forms, in substantially the form approved by the court, to all class members in accordance with the implementation schedule. A Fairness Hearing is set before the undersigned on May 17, 2012, at 9:00 a.m., in Courtroom No. 3, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska. Member Cases: 8:08-cv-00090-JFB-TDT, 8:08-cv-00099-JFB-TDT. Ordered by Judge Joseph F. Bataillon. (TEL)
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Filing
378
ORDER - On or before January 20, 2012, the parties shall electronically file a joint stipulation for dismissal (or other dispositive stipulation) and shall submit to the Honorable Joseph F. Bataillon, at bataillon@ned.uscourts.gov, a draft order which will fully dispose of the case. If the case is being dismissed, the stipulation shall comply with Fed. R. Civ. P. 41(a) and shall state whether the dismissal is with or without prejudice. Absent compliance with this order, this case (including all counterclaims andthe like) may be dismissed without further notice. All pending motions are terminated upon the representation that this case is settled. Member Cases: 8:08-cv-00090-JFB-TDT, 8:08-cv-00099-JFB-TDT Ordered by Magistrate Judge Thomas D. Thalken. ***Set/Reset All Deadlines: (Dismissal Papers Deadline due by 1/20/2012.) (TEL)
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Filing
369
MEMORANDUM AND ORDER granting in part and denying in part (337) Motion for Sanctions in case 8:08CV90-JFB -TDT; granting in part and denying in part (446) Motion for Sanctions in case 8:08CV99-JFB -TDT; Objection to evidence index (filing 473 in 8:08CV99) is denied. Member Cases: 8:08-cv-00090-JFB -TDT, 8:08-cv-00099-JFB -TDTOrdered by Chief Judge Joseph F. Bataillon. (SMS, )
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Filing
368
ORDER denying (345) Motion for Reconsideration; denying (351) Motion to Consolidate Cases; denying (359) Motion for discovery in case 8:08-cv-00090-JFB -TDT; denying (454) Motion for Reconsideration; denying (460) Motion to Consolidate Cases in case 8:08-cv-00099-JFB -TDT. Member Cases: 8:08-cv-00090-JFB -TDT, 8:08-cv-00099-JFB -TDTOrdered by Chief Judge Joseph F. Bataillon. (SMS)
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Filing
363
ORDER - The plaintiffs' oral motion for an extension of time is granted. The plaintiffs' oral motion to conduct discovery is denied at this time without prejudice to reassertion. The plaintiffs' response to defendants' motions t o consolidate and reconsider and to reply to defendants' opposition to their motion for sanctions was midnight C.D.T. on July 29, 2011. The defendants' reply thereto is on or before August 8, 2011. The hearing previously set for July 18, 2011, is canceled. The defendants were to produce the documents known as "May documents" on or before July 13, 2011. The court will rule upon the plaintiffs' request for documents to the defendants in due course. Member Cases: 8:08-cv-00090-JFB-TDT, 8:08-cv-00099-JFB-TDT. Ordered by Chief Judge Joseph F. Bataillon. (TEL)
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Filing
301
ORDER granting exemption pursuant to Nebraska General Rule 1.6(k)to permit class members to enter the courthouse without valid photo ID.Member Cases: 8:08-cv-00090-JFB -TDT, 8:08-cv-00099-JFB -TDTOrdered by Chief Judge Joseph F. Bataillon. (copy to Court Security Officers)(ADB, )
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Filing
298
AMENDED ORDER SETTING TRIAL DEADLINES. Member Cases: 8:08-cv-00090-JFB -TDT, 8:08-cv-00099-JFB -TDTOrdered by Chief Judge Joseph F. Bataillon. (ADB, )
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Filing
296
ORDER SETTING TRIAL DEADLINES - Member Cases: 8:08-cv-00090-JFB -TDT, 8:08-cv-00099-JFB -TDTOrdered by Chief Judge Joseph F. Bataillon. (TJD)
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Filing
270
ORDER that this matter is before the court following receipt of a jury questionnaire submitted by the parties in these two cases. The court has reviewed the same and finds as follows: The parties edited questionnaire will be sent to the prospective j urors selected for this case only if the parties questionnaire is received by the Clerk of Court on or before January 4, 2011. The court will request potential jurors to return the completed questionnaires on or before January 12, 2011. Second, ther e are numerous numbering mistakes in the current questionnaire. The parties are instructed to make sure the numbering in the revised questionnaire is numbered correctly without the use of duplicative numbers. The purpose of the pre-voir dire question s should be to elicit basic responses to general questions. With this in mind, counsel are asked to make the following changes to the currently numbered questions as listed in the order. The parties are free to submit a new questionnaire to the court with the above changes and are free to delete questions that are better designed if asked during voir dire. Member Cases: 8:08-cv-00090-JFB -TDT, 8:08-cv-00099-JFB -TDTOrdered by Chief Judge Joseph F. Bataillon. (ADB, )
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Filing
266
MEMORANDUM AND ORDER that Nebraska Beef's motion to communicate with class members, Filing no. 226 in 8:08cv90 and Filing no. 333 in 8:08cv99, is denied. Defendants' motion in limine, Filing no. 224 in 8:08cv90 and Filing no. 329 in 8:0 8cv99, is sustained in part and overruled in part. Plaintiffs' omnibus motions in limine, Filing no. 331 in 8:08cv99 is generally sustained. Member Cases: 8:08-cv-00090-JFB -TDT, 8:08-cv-00099-JFB -TDT Ordered by Chief Judge Joseph F. Bataillon. (JSF)
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Filing
253
ORDER that the court will meet with all parties on September 8, 2010, at 9:00 a.m., in Courtroom No. 3, to rule on motions in limine (224 in 8:08-cv-00090-JFB -TDT, 329 in 8:08-cv-00099-JFB -TDT and 331 in 8:08-cv-00099-JFB -TDT) and to finalize jury instructions. All parties must have all pretrial motions and supporting briefs filed by Friday, August, 27, 2010. All proposed jury instructions must be filed by Tuesday, August 31, 2010. All supplemental motions regarding the pretrial motions mu st be filed by Wednesday, September 1, 2010. Trial is rescheduled for January 31, 2011, at 8:30 a.m., Courtroom No. 3, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska. Member Cases: 8:08-cv-00090-JFB -TDT, 8:08-cv-00099-JFB -TDTOrdered by Chief Judge Joseph F. Bataillon. (ADB, )
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Filing
220
ORDER that the defendants appeals of the magistrate judges order on class notice and continuance of trial (Filing No. 203 in 8:08CV90 and Filing No. 308 in 8:08CV99) are denied. The magistrate judges order on class notice and continuance of trial (F iling No. 202 in 8:08CV90 and Filing No. 307 in 8:08CV99 ) is affirmed in all respects. The plaintiffs motions to strike (Filing No. 207 in 8:08CV90 and Filing No. 312 in 8:08CV99 (contained within briefs)) are denied as moot. Member Cases: 8:08-cv-00090-JFB-TDT, 8:08-cv-00099-JFB-TDTOrdered by Chief Judge Joseph F. Bataillon. (ADB, )
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Filing
185
ORDER that Defendants' objections 174 in 8:08CV90 and 279 in 8:08CV99 are overruled; the findings and recommendations of the magistrate judge 173 in 8:08CV90 and 278 in 8:08CV99 are adopted in their entirety; Defendants' motions to dismiss 125 in 8:08cv90 and 227 in 8:08cv99 are denied; and the plaintiffs' motions for class certification 112 in 8:08cv90 and 214 in 8:08cv99 are granted as defined by the findings and recommendations of the magistrate judge. Member Cases: 8:08-cv-00090-JFB-TDT, 8:08-cv-00099-JFB-TDTOrdered by Chief Judge Joseph F. Bataillon. (CJP)
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Filing
173
FINDINGS AND RECOMMENDATION that the MOTION to Dismiss 125 (Filing no. 227 in 8:08-cv-99) be denied and the MOTION to Certify Class 112 (Filing no. 214 in 8:08-cv-99) be granted. Member Cases: 8:08-cv-00090-JFB-TDT, 8:08-cv-00099-JFB-TDT Ordered by Magistrate Judge Thomas D. Thalken. (JSF)
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Filing
107
ORDER - The parties' stipulated motion regarding deadlines for expert disclosure and reports (Filing No. 105 in 8:08CV90; Filing No. 207 in 8:08CV99) is granted. All of the plaintiffs' experts and expert reports shall be served no later than August 21, 2009. All of the defendants' experts and expert reports shall be served no later than October 23, 2009. Member Cases: 8:08-cv-00090-JFB-TDT, 8:08-cv-00099-JFB-TDT. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
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Filing
104
AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE - The defendants' motion to extend deadlines (Case No. 8:08CV90 - Filing No. 103 and Case No. 8:08CV99 - Filing No. 205 ) is granted as set forth below. Deposition Deadline is set for October 23, 2009. All expert witness depositions are to be completed by November 20, 2009. The Final Pretrial Conference is scheduled for January 7, 2010 at 10:00am in chambers of the undersigned Magistrate Judge. Trial is set to commence duri ng the week of January 19, 2010 in Omaha before the Honorable Joseph F. Bataillon and a jury. There will be a telephone status conference with the undersigned magistrate judge held on August 10, 2009, at 10:00 a.m. Central Daylight Time. Counsel for each party shall participate and plaintiffs' counsel shall initiate the telephone conference call. Member Cases: 8:08-cv-00090-JFB-TDT, 8:08-cv-00099-JFB-TDTOrdered by Magistrate Judge Thomas D. Thalken. (KBJ)
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Filing
97
ORDER granting (88) Motion to Extend in case 8:08cv90; granting (191) Motion to Extend in case 8:08cv99. All class members shall have to on or before July 31, 2009, to opt-in to the lawsuit. The telephone status conference is continued from July 10, 2009, to August 10, 2009, at 10:00 a.m. Central Daylight Time. Counsel for each party shall participate and plaintiffs counsel shall initiate the telephone conference call. Member Cases: 8:08cv90, 8:08cv99Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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Filing
80
ORDER - The plaintiffs' Motion for Leave to File a Consolidated Class and Collective Action Complaint (Filing No. 64 in Case 8:08CV90; Filing No. 167 in Case 8:08CV99) is granted. The plaintiffs shall have to on or before June 11, 2009, to file the proposed Consolidated Class and Collective Action Complaint. Member Cases: 8:08-cv-00090-JFB-TDT, 8:08-cv-00099-JFB-TDT. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
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Filing
52
ORDER - The Stipulated Motion of the Parties (Filing No. 50 in Case 8:08CV90; Filing No. 153 in Case 8:08CV99) is granted. The shortened form of radio Notice attached to the Stipulation (Filing No. 50 in Case 8:08CV90; Filing No. 153 in Case 8:08CV99) as Exhibit A for use in connection with the notice process in this case is hereby approved. Member Cases: 8:08-cv-00090-JFB-TDT, 8:08-cv-00099-JFB-TDT. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
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Filing
47
ORDER - Case No. 8:08CV90 is hereby designated as the Lead Case. Case No.8:08CV99 is hereby designated as the Member Case. The courts CM/ECF System has the capacity for spreading text among the consolidated cases. If properly docketed, the document s filed in the Lead Case will automatically be filed in all Member Cases. To this end, the parties are instructed to file all further documents (except those described in paragraph 3) in the Lead Case, No. 8:08CV90, and to select the option yes in r esponse to the Systems question whether to spread the text. The parties may not use the spread text feature to file complaints, amended complaints, and answers; to pay filing fees electronically using pay.gov; or to file items related to service of process. If a party believes that an item in addition to those described in paragraph 3 should not be filed in the consolidated cases, the party must move for permission to file the item in one or more member cases. The motion must be filed in all the consolidated cases using the spread text feature. No previously filed document should be re-filed solely to comply with this order, however counsel for each party is responsible for reviewing the case filings in both cases to date. Member Cases: 8:08-cv-00090-JFB-TDT, 8:08-cv-00099-JFB-TDT. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
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Filing
41
ORDER approving stipulation concerning notice filed in 8:08CV99. Stipulation need not be refiled in this case. Ordered by Magistrate Judge Thomas D. Thalken. (PAV)
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Filing
40
ORDER - Defendants' objections 37 in 8:08CV90, and Filing No. 143 in 8:08CV99, are overruled; and The reports and recommendations of the magistrate judge 36 in 8:08CV90 and Filing No. 142 in 8:08CV99, are adopted in their entirety. Ordered by Chief Judge Joseph F. Bataillon. (KBJ)
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Filing
36
REPORT AND RECOMMENDATION that MOTION to Certify Class Conditionally As A Collective Action Pursuant To The Fair Labor Standards Act 8 be granted. Entered by Magistrate Judge Thomas D. Thalken. (TRL)
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