Russell v. Werner Enterprises, Inc.
| Antonia Russell |
| Does 1-100 and Werner Enterprises, Inc. |
| 8:2014cv00319 |
| October 20, 2014 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Lyle E. Strom |
| F.A. Gossett |
| Labor: Other |
| 29 U.S.C. ยง 206 Collect Unpaid Wages |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
424
ORDER - Plaintiffs may withdraw their previously served and unanswered interrogatories and are given leave to serve Defendants with an additional total of 50 interrogatories, including discrete subparts. Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN, 8:17-cv-00145-JFB-MDN, 8:20-cv-00227-JFB-MDN Ordered by Magistrate Judge Michael D. Nelson. (SMN)
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Filing
417
FOURTH AMENDED ORDER SETTING TRIAL - IT IS ORDERED that Defendants' Motion to Amend Expert Deadlines in Third Amended Order Setting Hearing or Trial (Filing No. 413 in the lead case) is granted. Deposition due February 21, 2025. A status confer ence to discuss case progression and the parties' interest in settlement remains scheduled to be held with the undersigned magistrate judge on April 12, 2024, at 11:00 a.m. by telephone. The Pretrial Conference remains scheduled before the unde rsigned magistrate judge for July 7, 2025, at 11:00 a.m. CST, and will be conducted by internet/telephonic conferencing. The jury trial of this case remains scheduled to commence before Joseph F. Bataillon, Senior United States District Judge, in Cou rtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at 9:00 a.m. on August 11, 2025, or as soon thereafter as the case may be called, for a duration of nine (9) trial days. Ordered by Magistrate Judge Michael D. Nelson. (TCL)
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Filing
412
ORDER - The motion to withdraw as counsel of record (Filing No. 411 in the lead case) is granted and Patrick S. Cooper is deemed withdrawn as counsel of record for Defendants in this case. The Clerk of Court shall terminate electronic notice to Patrick S. Cooper in this case. Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN, 8:17-cv-00145-JFB-MDN, 8:20-cv-00227-JFB-MDN Ordered by Magistrate Judge Michael D. Nelson. (MKR)
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Filing
395
STIPULATION AND ORDER REGARDING COURT-SUPERVISED NOTICE- The Plaintiffs and Defendants (hereinafter, collectively, "Parties"), by and though undersigned counsel, hereby stipulate and agree as set forth within the order. Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN, 8:17-cv-00145-JFB-MDN, 8:20-cv-00227-JFB-MDNOrdered by Senior Judge Joseph F. Bataillon. (MKR)
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Filing
393
ORDER granting the Joint Motion to Refine Class Definitions and Extend Progression Order Deadlines. A planning conference to discuss case progression, dispositive motions, the parties interest in settlement, and the trial and pretrial conference settings will be held with the undersigned magistrate judge on December 13, 2023, at 10:00 a.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. (Filing No. 206 in the Lead Case). Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN, 8:17-cv-00145-JFB-MDN, 8:20-cv-00227-JFB-MDNOrdered by Magistrate Judge Michael D. Nelson. (MKR)
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Filing
383
SECOND AMENDED ORDER SETTING TRIAL- The Joint Stipulation to Extend Deadlines (Filing No. 373 in the Lead Case et al.) is granted, and the Amended Order Setting Trial is amended. The Pretrial Conference remains scheduled before the undersigned m agistrate judge on May 1, 2024, at 11:00 a.m. CST, and will be conducted by internet/telephonic conferencing. The jury trial of this case remains set to commence before Joseph F. Bataillon, Senior United States District Judge, in Courtroom 3, Rom an L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at 9:00 a.m. on May 28, 2024, or as soon thereafter as the case may be called, for a duration of nine (9) trial days. Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN, 8:17-cv-00145-JFB-MDN, 8:20-cv-00227-JFB-MDNOrdered by Magistrate Judge Michael D. Nelson. (MKR)
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Filing
373
AMENDED ORDER SETTING TRIAL- Plaintiffs' Unopposed Motion to Extend Fact Discovery and Corresponding Deadlines (Filing No. 372 in the Lead Case, et al.) is granted, and the Order Setting Trial is amended as set forth within the order. Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN, 8:17-cv-00145-JFB-MDN, 8:20-cv-00227-JFB-MDN Ordered by Magistrate Judge Michael D. Nelson. (MKR)
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Filing
367
ORDER - IT IS ORDERED that The plaintiffs' objections (Filing No. 357 in 8:14-cv-319, Filing No. 262 in 8:15-cv-287, Filing No. 220 in 8:17-cv-145, and Filing No. 96 in 8:20-cv-227) to the order of the Magistrate Judge (Filing No. 352 in 8:1 4-cv-319) are sustained. The order of the Magistrate Judge (Filing No. 352 in 8:14-cv-319, Filing No. 257 in 8:15-cv-287, Filing No. 215 in 8:17-cv-145, and Filing No. 91 in 8:20-cv-227) is reversed in part as set forth in this order. The plaintiff s' motions to compel production of documents (Filing Nos. 313 and 314 in 8:14-cv-319; Filing No. 218 and 219 in 8:15-cv-287, and Filing Nos. 176 and 177 in 8:17-cv-145) are granted in part as set forth in this order. Defendant Werner is ordered to produce the requested information within 30 days of the date of this order. Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN, 8:17-cv-00145-JFB-MDN, 8:20-cv-00227-JFB-MDNOrdered by Senior Judge Joseph F. Bataillon. (TCL)
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Filing
352
ORDER - Plaintiffs' Motion to Compel (Filing No. 313 in the Lead Case) is granted in part and in part denied, as set forth above. Plaintiffs' Motion to Compel Responses to Plaintiffs Abarca and Alesna's First Set of Requests for Pro duction (Filing No. 314 in the Lead Case) is granted in part and in part denied, as set forth above. Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN, 8:17-cv-00145-JFB-MDN, 8:20-cv-00227-JFB-MDNOrdered by Magistrate Judge Michael D. Nelson. (LKO)
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Filing
328
ORDER granting (327) Motion to Withdraw as Attorney filed in these consolidated cases by Brandon J. Crainer, as counsel of record for Defendants in case 8:14-cv-00319-JFB-MDN; (232) in case 8:15-cv-00287-JFB-MDN; (190) in case 8:17-cv-00145-J FB-MDN; and (66) and in case 8:20-cv-00227-JFB-MDN. Mr. Crainer shall no longer receive electronic notice in these consolidated cases. Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN, 8:17-cv-00145-JFB-MDN, 8:20-cv-00227-JFB-MDNOrdered by Magistrate Judge Michael D. Nelson. (MKR)
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Filing
309
ORDER - that the motion to withdraw filed in these consolidated cases by Joseph E. Jones, as counsel of record for Defendants, is granted. Mr. Jones shall no longer receive electronic notice in these consolidated cases. Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN, 8:17-cv-00145-JFB-MDN, 8:20-cv-00227-JFB-MDNOrdered by Magistrate Judge Michael D. Nelson. (LKO)
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Filing
307
ORDER - that the motion to withdraw filed by James M. Sitkin, and his firm, Law Offices of James M. Sitkin, as counsel of record for Plaintiffs (Filing No. 306 in Case. No. 8:14cv319) is granted. Mr. Sitkin shall no longer receive electronic notice in these consolidated cases. Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN, 8:17-cv-00145-JFB-MDN, 8:20-cv-00227-JFB-MDNOrdered by Magistrate Judge Michael D. Nelson. (LKO)
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Filing
295
ORDER - Defendants' Motion to Consolidate Pursuant to Fed. R. Civ. P. 42(a) (Filing No. 290 in the Lead case) is granted. The above-captioned cases are consolidated for all purposes. Case No. 8:14CV319 continues to be designated as the "L ead Case" and Case No. 8:20CV227 is designated as a "Member Case." The court's CM/ECF System has the capacity for "spreading" text among the consolidated cases. If properly docketed, the documents filed in the Lead Case will automatically be filed in the Member Case. The parties are instructed to file documents related to discovery (except those described in paragraph 5) in the Lead Case and to select the option "yes" in response to the System's quest ion 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 an item in addition to those described in paragraph 4 should not be filed in all 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. The parties in Bryant v. Werner Enterprises, Inc. et al., Case No. 8:20CV227 shall comply with the amended case progression order dated July 23, 2020. (Filing No. 292 in the Lead Case). Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN, 8:17-cv-00145-JFB-MDNOrdered by Magistrate Judge Michael D. Nelson. (LKO)
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Filing
292
AMENDED CASE PROGRESSION ORDER - that the Parties' Stipulation to Extend Discovery and Motion Deadlines (Filing No. 291 ) is granted and the case progression order is amended as follows: The non-expert witness deposition deadline is January 29, 2021. The expert witness deposition deadline is August 16, 2021. Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN, 8:17-cv-00145-JFB-MDNOrdered by Magistrate Judge Michael D. Nelson. (LKO)
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Filing
276
MEMORANDUM AND ORDER - that the defendant's motions for summary judgment (Filing No. 243 in 8:14CV319; Filing No. 149 in 8:15CV287; and Filing No. 112 in 8:17cv145) are denied without prejudice to reassertion. Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN, 8:17-cv-00145-JFB-MDN Ordered by Senior Judge Joseph F. Bataillon. (LKO)
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Filing
269
ORDER - IT IS ORDERED: William D. Turely is stricken as an attorney of record for the Plaintiffs. Said attorney may apply to be readmitted as an attorney of record only after paying the 2019/2020 attorney assessment fee, as required by NEGenR 1.7(h). Ordered by Magistrate Judge Michael D. Nelson. (TCL)
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Filing
268
ORDER TO SHOW CAUSE - On or before December 5, 2019, attorney William D. Turley shall pay the assessment or show cause by written affidavit why he cannot comply with the rules of the Court. Failure to comply with this order will result in the Court removing William D. Turley as counsel of record for the Plaintiff. Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN Ordered by Magistrate Judge Michael D. Nelson. (KLF)
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Filing
241
FIRST AMENDED STIPULATED PROTECTIVE ORDER - that the Joint Motion for First Amended Stipulated Protective Order (Filing No. 240 in the Lead Case, et al) is granted. Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN, 8:17-cv-00145-JFB-MDN Ordered by Magistrate Judge Michael D. Nelson. (KLF)
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Filing
235
ORDER - Defendants shall produce the deposition transcripts requested by the Vester opt-out plaintiffs, subject to an appropriate protective order. With respect to the Vester plaintiffs' request for documents, the Court finds class plaintif fs' counsel suggestion is a suitable resolution. Defendants shall provide the Vester plaintiffs with Defendants' responses to requests for production of documents in the Abarca/Smith actions so that the Vester plaintiffs can identify rel evant document requests by number and identify the documents responsive to those requests by Bates number, and request production of those documents from Defendants. Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN, 8:17-cv-00145-JFB-MDNOrdered by Magistrate Judge Michael D. Nelson. (LAC)
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Filing
220
ORDER - Defendants' Motion for Leave to Amend Answer (Filing No. 214 in the Lead Case) is granted. Defendants shall file their proposed Amended Answer (Filing No. 214 -1) in the Lead Case on or before December 21, 2018. Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN, 8:17-cv-00145-JFB-MDN Ordered by Magistrate Judge Michael D. Nelson. (KLF)
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Filing
212
SO ORDERED regarding (208) Stipulation in case 8:14-cv-00319-JFB-MDN and (115) Stipulation in case 8:15-cv-00287-JFB-MDN. Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN Ordered by Senior Judge Joseph F. Bataillon. (ADB)
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Filing
204
ORDER granting (202) Motion to Consolidate Cases in case 8:14-cv-00319-JFB-MDN; granting (109) Motion to Consolidate Cases in case 8:15-cv-00287-JFB-MDN; granting (74) Motion to Consolidate Cases in case 8:17-cv-00145-JFB-MDN. Case No. 8:14cv319 con tinues to be designated as the Lead Case. The Court's CM/ECF System has the capacity for "spreading" text among the consolidated cases. Parties are instructed to file documents related to discovery in the Lead Case and select the option "yes" in response to the System's question whether to spread text. Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN, 8:17-cv-00145-JFB-MDN.Ordered by Magistrate Judge Michael D. Nelson. (CCB)
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Filing
190
MEMORANDUM AND ORDER: The objections filed by defendants Werner Enterprises, Inc. and Drivers Management, LLC (Filing No. 188 in 8:14CV319 and Filing No. 93 in 8:15CV287) are overruled. The Findings and Recommendation of the United States Magist rate Judge (Filing No. 186 in 8:14CV319 and Filing No. 91 in 8:15CV287) is adopted in its entirety. The plaintiffs' renewed motions for class certification (Filing No. 166 in 8:14CV319 and Filing No. 71 in 8:15CV287) are granted. The follow ing classes are certified: a. All truck drivers who were or are California residents and who, while working for Werner, picked up and/or dropped off a load in the state of California after the completion of training at any time since four years befor e the filing of this legal action until such time as there is a final disposition of this lawsuit ("the California Class"). b. All truck drivers who worked or work anywhere for Werner after the completion of training at any time since four years before the filing of this legal action until such time as there is a final disposition of this lawsuit ("the Nebraska Class"). Ezequiel Olivares Abarca, Alfredo Alesna Jr., David Cagle, Stephen L. Davis, Frank Eads, William Smith , and Kenneth J. Surman are appointed as the class representatives. Justin L. Swidler and Richard S. Swartz of Swartz Swidler LLC; James M. Sitkin of Law Offices of James M. Sitkin; David A. Borgen, Laura L. Ho, and Raymond A. Wendell of Goldstein, Borgen, Dardarian & Ho; and William D. Turley, David T. Mara, and Jamie Serb of the Turley Law Firm are appointed as Class Counsel. Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN Ordered by Senior Judge Joseph F. Bataillon. (ADB)
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Filing
186
FINDINGS AND RECOMMENDATION and ORDER - It is recommended to Senior Judge Joseph F. Bataillon that Plaintiffs' Renewed Motion for Class Certification (Filing No. 166 in Case No. 8:14cv319; Filing No. 71 in Case No. 8:15cv287) be granted; The Cou rt certify the alternative California Class limited to California residents; The Court certify the Nebraska Class; The Court appoint the named Plaintiffs in Case No. 8:14CV319 as the class representatives; and The Court appoint Swartz Swidler LLC (by Justin Swidler, and Richard Swartz), Law Offices of James M. Sitkin (by James M. Sitkin), Goldstein, Borgen, Dardarian & Ho (by David Borgen, James Kan, and Raymond Wendell), and the Turley Law Offices (by William Turley, David Mara, and Jamie Serb) as Class Counsel. It is ORDERED that Defendants' Motion to Strike Plaintiffs' Exhibits Offered in Support of Plaintiffs Renewed Motion for Class Certification (Filing No. 175 in Case No. 8:14cv319; Filing No. 80 in Case No. 8:15cv287) is denied. Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDNOrdered by Magistrate Judge Michael D. Nelson. (SLP)
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Filing
159
MEMORANDUM AND ORDER - Defendants' motion to strike 152 is granted. Plaintiffs shall re-file the fourth amended complaint after striking the last sentence of paragraph 8, paragraphs 9-10, and exhibit 1 from the fourth amended complaint by Janu ary 6, 2017. Plaintiffs are required to re-file a motion for class certification before the Court will determine the merits of such a motion. Plaintiffs are prohibited from making any other change to the complaint without leave of Court. Member Cases: 8:14-cv-00319-LES-FG3, 8:15-cv-00287-LES-FG3 Ordered by Senior Judge Lyle E. Strom. (KLF)
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Filing
150
ORDER: Plaintiffs' motion for class certification is deniedwithout prejudice as to both the California and Nebraska Classes 135 in 8:14cv319 and 48 in 8:15cv287. Plaintiffs are granted leave to amend their complaint. Plaintiffs' amendm ents to the third amended complaint shall be limited to only attempting to provide the Court with an adequately defined and clearly ascertainable definition for the California Class. Plaintiffs' amendments to the third amended complaint sha ll not substantively alter the current complaint in any other way; including, but not limited to, adding additional claims, parties, classes, and/or causes of action. Plaintiffs' fourth amended complaint shall be filed by November 9, 2016. De fendants shall have fourteen days after the filing of the fourth amended complaint to file an answer. Defendants' motion for leave to submit additional authority is denied as moot 146 in case 8:14-cv-00319 and 59 in case 8:15-cv-00287-LES-FG3. Ordered by Senior Judge Lyle E. Strom. (ADB)
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Filing
131
ORDER - The above two cases having been consolidated, IT IS ORDERED: Case No. 8:14CV319 is deemed the Lead Case. Case No. 8:15CV287 is designated as the "Member Case." The Court's CM/ECF System now has the capacity for "spr eading" text among consolidated cases. If properly docketed,the documents filed in the Lead Case will automatically be filed in a Member Case. To this end, the parties are instructed to file in the Lead Case, No. 8:14CV319, all further document s except those described in Paragraph 3 and to select the option "yes" in response to the System's 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 all the consolidated cases, the party must move for permission to file the item in one or more individual member cases. The motion must be filed in all the consolidated cases using the spread text feature. Ordered by Senior Judge Lyle E. Strom. (TCL)
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Filing
125
ORDER granting Joint Stipulation to Extend Scheduling Order Deadlines 124 . Mandatory disclosures shall be made to the opposing party no later than January 15, 2016. Discovery limited to class certification shall be completed by March 1, 2016. Plai ntiffs shall have until April 1, 2016, to file a motion to certify a class. Defendants will file a response to plaintiffs' motion for class certification by April 27, 2016. Plaintiffs shall have until May 19, 2016, to file a reply to defendant's response. Ordered by Senior Judge Lyle E. Strom. (KLF)
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Filing
123
STIPULATED PROTECTIVE ORDER is granted 122 . Ordered by Senior Judge Lyle E. Strom. (KLF)
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Filing
120
MEMORANDUM AND ORDER that plaintiffs' motion Filing Number 95 to appoint lead plaintiffs and lead counsel is denied. Ordered by Senior Judge Lyle E. Strom. (KLF)
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Filing
119
MEMORANDUM AND ORDER granting 81 Motion to Consolidate Cases for purposes of discovery and trial. Ordered by Senior Judge Lyle E. Strom. (KLF)
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Filing
118
MEMORANDUM AND ORDER denying 69 motion to compel responses to interrogatories and requests for production. Ordered by Senior Judge Lyle E. Strom. (JDR)
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Filing
115
MEMORANDUM AND ORDER - IT IS ORDERED: Plaintiffs' motion to compel deposition appearances is denied. Further discovery shall be stayed pending resolution of the plaintiffs' motion to compel responses to interrogatories and requests for production (Filing No. 69 ) and defendants' motion to consolidate (Filing No. 81 ). Defendants' motion for protective order is denied as moot at this time. Ordered by Senior Judge Lyle E. Strom. (TCL)
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Filing
104
ORDER granting 86 Motion to Strike. The clerk of court shall strike the incomplete document 84 . Ordered by Senior Judge Lyle E. Strom. (MLF, )
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Filing
93
ORDER granting 91 Motion for Expedited Briefing. Defendants shall have until October 13, 2015, to respond. Plaintiffs shall have until October 20, 2015, to file a reply. Ordered by Senior Judge Lyle E. Strom. (KLF)
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Filing
79
ORDER granting 76 Plaintiff's Motion for Leave to File Third Amended Complaint. Plaintiffs shall file their third amended complaint on or before September 25, 2015. Ordered by Senior Judge Lyle E. Strom. (JSF)
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Filing
73
ORDER granting 65 Motion to Appoint Interim Class Counsel. Ordered by Senior Judge Lyle E. Strom. (MLF, )
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Filing
55
ORDER approving and adopting 54 Joint Stipulation. Antonia Russell is dismissed as a plaintiff in this action. Ordered by Senior Judge Lyle E. Strom. (MLF, )
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Filing
51
ORDER approving and adopting in part 50 Stipulation for leave to file a second amended complaint. A separate second amended complaint shall be filed on or before April 6, 2015. Defendants' response to the second amended complaint shall be filed within twenty days after the filing of the amended complaint. Ordered by Senior Judge Lyle E. Strom. (JSF)
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Filing
49
ORDER- In accordance with the Rule 26(f) planning conference report 45 filed by the parties: Mandatory disclosures shall be made to the opposing party no later than April 27, 2015. Motions to amend pleadings shall be filed by March 27, 2015. D iscovery limited to class certification shall be completed by November 16, 2015. Plaintiff shall have until January 15, 2016, to file a motion to certify a class. Defendant will file a response to plaintiffs motion for class certification by Febr uary 15, 2016. Plaintiff shall have until March 8, 2016, to file a reply to defendants response. Experts and expert reports on class certification for affirmative testimony shall be served by July 1, 2015. Expert and expert reports for rebuttal testimony shall be served by August 14, 2015. Expert and expert reports for reply testimony shall be served by September 1, 2015. Daubert motions for class certification are due on November 16, 2015. Ordered by Senior Judge Lyle E. Strom. (MKR)
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Filing
48
STIPULATED PROTECTIVE ORDER granting 47 Stipulation for Protective Order. Ordered by Senior Judge Lyle E. Strom. (JSF)
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Filing
46
ORDER that a scheduling conference with the undersigned will be held on: Friday, February 13, 2015, at 10:30 a.m. in Suite 3190, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, OMAHA, Nebraska, to establish a final progression order for this case. The parties may participate by telephone by notifying Judge Strom's office prior to said date. Ordered by Senior Judge Lyle E. Strom. (MKR)
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