Midgett v. Werner Enterprises, Inc.
| Christopher Midgett |
| Werner Enterprises, Inc. |
| 8:2018cv00238 |
| May 30, 2018 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Joseph F. Bataillon |
| Susan M. Bazis |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
245
ORDER OF DISMISSAL - ACCORDINGLY, IT IS HEREBY ORDERED that the Stipulation for Dismissal with Prejudice (Filing No. 244) is granted, and this case is dismissed in its entirety with prejudice, with each party to pay its own costs and fees. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
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Filing
234
MEMORANDUM AND ORDER - The parties' motion for approval of the parties' collective class settlement is granted and the Court finally approves the settlement. The claims of Named Plaintiff and the Opt-In Plaintiffs are dismissed with prejudi ce. The claims of Opt-Out, Ditran Kutroli, are dismissed without prejudice. The only remaining claim is the individual claim of Christopher Midgett. The parties Settlement Agreement (Filing No. 228-2) is approved and is incorporated herein as if full y set forth. The Court approves the contemplated service awards of $1,000.00 to Named Plaintiff and the five discovery plaintiffs. Attorneys' fees in the amount of $250,000.00 are approved as well as $44,496.20 in reasonable expenses. The Court retains jurisdiction to enforce the terms of the agreement. A judgment in accordance with this memorandum and order will be entered. Ordered by Senior Judge Joseph F. Bataillon. (LKO)
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Filing
229
ORDER - The parties' Joint Motion for Preliminary Approval of Class Action Settlement, Filing No. 226 , is granted. A Final Fairness Hearing is set for May 25, 2023, at 2:30 p.m., in Courtroom 3 at the Roman L. Hruska Courthouse in Omaha, Nebraska, 111 S. 18th Street, Omaha, Nebraska 68102. Ordered by Senior Judge Joseph F. Bataillon. (LKO)
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Filing
162
ORDER REGARDING SUPPLEMENTATION OF OPT-IN DISCOVERY RESPONSES - The parties' deadline to complete mediation is extended from April 15, 2022 to August 31, 2022, to allow sufficient time for the completion of opt-in discovery, including supplemen tation of written discovery and depositions of opt-in class members. To the extent the identified opt-in Plaintiffs are not in possession of the specified tax returns, they shall complete and return authorizations on or before April 1, 2022, allowing Werner's counsel to obtain that information directly from the relevant state or federal taxing authority. Werner is granted leave to file a Motion to Dismiss any opt-in Plaintiff to whom written discovery requests have been served and who has not provided full and complete responses in accordance with the Court's previous Discovery Order and in accordance with this Order. Said Motion shall be filed on or before May 6, 2022. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
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Filing
144
SECOND AMENDED FINAL PROGRESSION ORDER - The proposed progression schedule is accepted. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
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Filing
102
MEMORANDUM AND ORDER - Defendant Werner Enterprises, Inc.'s objections, (Filing Nos. 96 , 97 & 98 ) are overruled. The Findings and Recommendations of the Magistrate Judge (Filing No. 92 ) and the Supplemental Findings and Recommendation s of the Magistrate Judge (Filing No. 9 ) are adopted in all respects. The Order of the Magistrate Judge (Filing No. 92 ) granting The plaintiff's motion to amend (Filing No. 76 ) is affirmed. Defendant's Objection to Findings and Rec ommendation (Filing No. 100 ) is denied as moot. The plaintiff's motion for certification as a collective action under the Fair Labor Standards Act (Filing No. 64 ) is granted in part, as set forth in the Magistrate Judge's Order and F indings and Recommendations (Filing No. 92 ). The defendant's motion to strike (Filing No. 82 ) is denied as moot. The parties' joint motion to correct the recommended FLSA class definition and to revise the class notice (Filing No. [9 8]) is granted. An FLSA class is conditionally certified in this action on behalf of: (1) all current and former drivers classified as independent contractors who transported Defendant's truckload shipments anytime between May 30, 2015, and M ay 30, 2019, using trucks they purchased from Defendant; and (2) all current and former drivers classified as independent contractors who transported Defendant's truckload shipments any time between November 12, 2016, through May 30, 2019, us ing trucks they leased or purchased from a person or entity other than Defendant. All current and former drivers who own or owned more than one truck at a time or who employed drivers to drive their trucks are excluded from both classes. The propo sed notice attached to the Magistrate Judge's Order And Supplemental Findings And Recommendation (Filing No. 99 ) is approved and shall be used to send notice to class members in the manner set forth in the Magistrate Judge's Order and Findings and Recommendation (Filing No. 92 ). Ordered by Senior Judge Joseph F. Bataillon. (LKO)
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Filing
36
STIPULATED PROTECTIVE ORDER - This matter is before the Court on the upon the stipulation of the parties for the entry of a Protective Order. (Filing No. 35 .) The Stipulation is granted. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
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| Plaintiff: Christopher Midgett | |
| Represented By: | Eric L. Dirks |
| Represented By: | John F. Doyle |
| Represented By: | Steven H. Howard |
| Represented By: | Jack D. McInnes |
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| Defendant: Werner Enterprises, Inc. | |
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