Walsh v. Packers Sanitation Services, Inc.
| Martin J. Walsh |
| Packers Sanitation Services, Inc., Ltd. |
| 4:2022cv03246 |
| November 9, 2022 |
| US District Court for the District of Nebraska |
| Susan M Bazis |
| John M Gerrard |
| Cheryl R Zwart |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| None |
Docket Report
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Filing 46
CONSENT ORDER AND JUDGMENT. Ordered by Judge John M. Gerrard. (TCL)
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Filing 45
TEXT ORDER denying as moot #2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Martin J. Walsh; #28 MOTION for Protective Order to Quash and EXPEDITED RELIEF filed by Packers Sanitation Services, Inc., Ltd.; #43 MOTION for Reconsideration filed by Packers Sanitation Services, Inc., Ltd.; granting #44 UNOPPOSED MOTION for Judgment by Consent filed by Martin J. Walsh. The Secretary's unopposed motion for judgment by consent #44 is granted. The parties' consent judgment will be entered separately. The parties' other pending motions are denied as moot. The December 7, 2022 hearing is canceled. Ordered by Judge John M. Gerrard. (DCD)
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| Filing 44 UNOPPOSED MOTION for Judgment by Consent by Attorney Traci E. Martin on behalf of Plaintiff Martin J. Walsh.(Martin, Traci) |
| Filing 43 MOTION for Reconsideration of November 21, 2022 Magistrate Order by Attorney Patrick M. Dalin on behalf of Defendant Packers Sanitation Services, Inc., Ltd.. (Attachments: #1 Brief in Support)(Dalin, Patrick) |
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Filing 42
TEXT ORDER granting #40 Unopposed Motion to Seal. Defendant may file an unredacted version of the exhibit under seal as requested. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
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| Filing 41 REPLY BRIEF in support of MOTION for Temporary Restraining Order and Preliminary Injunction #2 by Attorney Traci E. Martin on behalf of Plaintiff Martin J. Walsh. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 -- Declaration of S. Rebolledo, #3 Exhibit 2 -- Declaration of N. Alcantara, #4 Exhibit 3 -- Declaration of G. Montes)(Martin, Traci) |
| Filing 40 MOTION to file under Seal Un-Redacted Declaration of Magdalena Garcia Hernandez by Attorney Patrick M. Dalin on behalf of Defendant Packers Sanitation Services, Inc., Ltd..(Dalin, Patrick) |
| Filing 39 INDEX in support of Brief #38 in Opposition to Plaintiff's Motion for Preliminary Injunction Order by Attorney J. Randall Coffey on behalf of Defendant Packers Sanitation Services, Inc., Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Coffey, J.) |
| Filing 38 BRIEF in opposition to MOTION for Temporary Restraining Order and Preliminary Injunction #2 by Attorney J. Randall Coffey on behalf of Defendant Packers Sanitation Services, Inc., Ltd..(Coffey, J.) |
| Filing 37 REPLY BRIEF in support of Motion to Quash and/or Protective Order by Attorney Patrick M. Dalin on behalf of Defendant Packers Sanitation Services, Inc., Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Dalin, Patrick) |
| Filing 36 RESPONSE regarding Notice (Other) #32 by Attorney J. Randall Coffey on behalf of Defendant Packers Sanitation Services, Inc., Ltd..(Coffey, J.) |
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Filing 35
TEXT ORDER granting #34 Motion for Leave. Defendant shall file its reply brief in support of its motion to quash #28 by 12:00 p.m. on December 1, 2022. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
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| Filing 34 MOTION for Leave to File Expedited Reply Brief to Motion to Quash and/or Motion for Protective Order by Attorney Patrick M. Dalin on behalf of Defendant Packers Sanitation Services, Inc., Ltd..(Dalin, Patrick) |
| Filing 33 RESPONSE regarding MOTION for Protective Order to Quash and EXPEDITED RELIEF #28 by Attorney Traci E. Martin on behalf of Plaintiff Martin J. Walsh. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 -- Email from Patrick Dalin 11.23.2022, #3 Exhibit 2 -- Email from Patrick Dalin 10.17.2022)(Martin, Traci) |
| Filing 32 NOTICE of Disclosing of Minor Names by Attorney Traci E. Martin on behalf of Plaintiff Martin J. Walsh (Martin, Traci) |
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Filing 31
TEXT ORDER granting #30 Motion to Restrict pursuant to the E-Government Act. Packers Sanitation is directed to place a redacted copy of filing 28-3 on the public docket. See NECivR 5.3(c)(2). Ordered by Judge John M. Gerrard. (DCD)
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| Filing 30 UNOPPOSED MOTION to Restrict pursuant to the E-Government Act for EXPEDITED restricted access by Attorney Patrick M. Dalin on behalf of Defendant Packers Sanitation Services, Inc., Ltd..(Dalin, Patrick) |
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Filing 29
TEXT ORDER - Today, Defendant filed a motion to quash an administrative subpoena duces tecum served upon a third-party #28 . Defendant has requested expedited relief because the subpoena's response date is today. The parties have not conferred about the motion. It is ordered that the parties shall confer regarding Defendant's motion to see if it can be resolved. If not, Plaintiff shall file a brief in response to Defendant's motion by 12:00 p.m. on November 30, 2022. The records sought through the subpoena shall not be provided, unless they already have been, until Defendant's motion is resolved. Plaintiff shall notify the third-party of this order. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
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| Filing 28 MOTION for Protective Order to Quash and EXPEDITED RELIEF by Attorney Patrick M. Dalin on behalf of Defendant Packers Sanitation Services, Inc., Ltd.. (Attachments: #1 Brief in Support, #2 Index of Evidence, #3 Exhibit 1 - ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a))(Dalin, Patrick) Modified on 11/29/2022 (DCD). |
| Filing 27 TEXT ORDER granting Motion for Admission Pro Hac Vice #17 for attorney Patrick Dalin. Ordered by Deputy Clerk. (LKO) |
| Filing 26 NOTICE of regarding Order, #23 Secretary's Compliance with Court's Order by Attorney Traci E. Martin on behalf of Plaintiff Martin J. Walsh (Martin, Traci) |
| Filing 25 WAIVER OF SERVICE Returned Executed upon defendant Packers Sanitation Services, Inc., Ltd.. Waiver sent on 11/23/2022. (Martin, Traci) |
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Filing 24
TEXT STRIKE ORDER that Pursuant to NEGenR 1.3(a)(4), the Order #20 is stricken for the following reason(s): the document has a typo. Ordered by Magistrate Judge Susan M. Bazis. (TCL)
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Filing 23
AMENDED ORDER - IT IS ORDERED that Defendant's Motion for Expedited Discovery, Scheduling Order, and Continuance of Preliminary Injunction Hearing (Filing No. #9 ) is granted, in part, as set out above. Ordered by Magistrate Judge Susan M. Bazis. (TCL)
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Filing 22
TEXT ORDER - The order found at Filing No. 20 will be stricken due to a typographical error. An amended order will be entered. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
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| Filing 21 NOTICE of regarding Motion for Admission Pro Hac Vice, #17 (Certification of Service) by Attorney Patrick M. Dalin on behalf of Defendant Packers Sanitation Services, Inc., Ltd. (Dalin, Patrick) |
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Filing 20
STRICKEN - ORDER - IT IS ORDERED that Defendant's Motion for Expedited Discovery, Scheduling Order, and Continuance of Preliminary Injunction Hearing (Filing No. #9 ) is granted, in part, as set out above. Ordered by Magistrate Judge Susan M. Bazis. (TCL) Modified on 11/21/2022 to strike per Order 24 (TCL).
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| Filing 19 REPLY BRIEF in support of MOTION for Expedited Discovery, Scheduling Order, and Continuance #9 by Attorney J. Randall Coffey on behalf of Defendant Packers Sanitation Services, Inc., Ltd..(Coffey, J.) |
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Filing 18
TEXT ORDER granting #15 MOTION to Extend. Packers Sanitation may respond to the plaintiff's motion for preliminary injunction #2 on or before December 2, 2022. Ordered by Judge John M. Gerrard. (DCD)
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| Filing 17 MOTION for Admission Pro Hac Vice (Certification of Service) Filing fee $ 100, receipt number ANEDC-4756157 by Attorney Patrick M. Dalin on behalf of Defendant Packers Sanitation Services, Inc., Ltd.. (Attachments: #1 Supplement Certificate of Good Standing)(Dalin, Patrick) |
| Filing 16 BRIEF in support of MOTION to Extend Defendant's Agreed Motion for Extension of Time to Submit Opposition Brief #15 by Attorney J. Randall Coffey on behalf of Defendant Packers Sanitation Services, Inc., Ltd..(Coffey, J.) |
| Filing 15 MOTION to Extend Defendant's Agreed Motion for Extension of Time to Submit Opposition Brief by Attorney J. Randall Coffey on behalf of Defendant Packers Sanitation Services, Inc., Ltd..(Coffey, J.) |
| Filing 14 RESPONSE regarding MOTION for Expedited Discovery, Scheduling Order, and Continuance #9 by Attorney Traci E. Martin on behalf of Plaintiff Martin J. Walsh.(Martin, Traci) |
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Filing 13
ORDER Continuing Hearing on #2 MOTION for Temporary Restraining Order and Preliminary Injunction. The Court's temporary restraining order #8 shall remain in full force for a period up to and including December 8, 2022. The hearing on preliminary injunction is continued to December 7, 2022, at 10 a.m. in Courtroom 1, Robert V. Denney Federal Building and U.S. Courthouse, Lincoln, Nebraska. A corporate officer of Packers Sanitation with authority to speak for the company shall be present at the hearing. At that hearing, the Court will consider whether the terms of the temporary restraining order shall be extended, modified, or dissolved. Packers Sanitation's motion for expedited discovery is referred to the United States Magistrate Judge. Ordered by Judge John M. Gerrard. (DCD)
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Filing 12
TEXT ORDER granting #10 Motion to Seal. Exhibit 1 will be kept under a case-participants restriction. Ordered by Judge John M. Gerrard. (DCD)
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| Filing 11 RESPONSE regarding MOTION to file under Seal Document Filed by Defendant #10 by Attorney J. Randall Coffey on behalf of Defendant Packers Sanitation Services, Inc., Ltd..(Coffey, J.) |
| Filing 10 MOTION to file under Seal Document Filed by Defendant by Attorney Traci E. Martin on behalf of Plaintiff Martin J. Walsh.(Martin, Traci) |
| Filing 9 MOTION for Expedited Discovery, Scheduling Order, and Continuance by Attorney J. Randall Coffey on behalf of Defendant Packers Sanitation Services, Inc., Ltd.. (Attachments: #1 Brief, #2 Exhibit 1 -ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a), #3 Exhibit 2)(Coffey, J.) Modified on 11/17/2022 to restrict per JMG chambers (LKO). Modified on 11/29/2022 (DCD). |
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Filing 8
TEMPORARY RESTRAINING ORDER - The Secretary's Motion for a Temporary Restraining Order and Preliminary Injunction is granted in part. A hearing on preliminary injunction is set before Judge John M. Gerrard for November 23, 2022, at 11:00 a.m. in Courtroom 1, Robert V. Denney Federal Building and U.S. Courthouse, Lincoln, Nebraska. A corporate officer of Packers Sanitation with authority to speak for the company shall be present at the hearing. Ordered by Judge John M. Gerrard. (TCL)
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| Filing 7 NOTICE of Appearance by Attorney Gillian G. O'Hara on behalf of Defendant Packers Sanitation Services, Inc., Ltd. (O'Hara, Gillian) |
| Filing 6 NOTICE of Appearance by Attorney J. Randall Coffey on behalf of Defendant Packers Sanitation Services, Inc., Ltd. (Coffey, J.) |
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Filing 5
REASSIGNMENT ORDER - Due to clerical error, this case is reassigned to District Judge John M. Gerrard for disposition and is assigned to Magistrate Susan M. Bazis for judicial supervision. IT IS SO ORDERED. Ordered by Chief Judge Robert F. Rossiter, Jr. (TCL)
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| Filing 4 TEXT NOTICE OF JUDGE ASSIGNED: Magistrate Judge Cheryl R. Zwart assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (JES) |
| Filing 3 BRIEF in support of MOTION for Temporary Restraining Order and Preliminary Injunction #2 by Attorney Traci E. Martin on behalf of Plaintiff Martin J. Walsh. (Attachments: #1 Exhibit 1 -- Declaration of DOE Alcantara, #2 Exhibit 2-- Declaration of REC Rebolledo, #3 Exhibit 3 -- Declaration of WHI Latuff, #4 Exhibit 4 -- PSSI Team Member Handbook, #5 Exhibit 5 -- Declaration of WHI Lopez, #6 Exhibit 6 -- Declaration of WHI Mejia, #7 Exhibit 7 -- Declaration of PRC Uphold, #8 Exhibit 8 -- Warrants, #9 Exhibit 9 -- Declaration of ADD Azocar, #10 Exhibit 10 -- Declaration of WHI Martinez, #11 Exhibit 11 -- Declaration of WHI Cardenas, #12 Exhibit 12 -- Declaration of WHI Phelan, #13 Exhibit 13 -- Declaration of REC Christopoulos)(Martin, Traci) |
| Filing 2 MOTION for Temporary Restraining Order and Preliminary Injunction by Attorney Traci E. Martin on behalf of Plaintiff Martin J. Walsh.(Martin, Traci) |
| Filing 1 COMPLAINT against Packers Sanitation Services, Inc., by Attorney Traci E. Martin on behalf of Martin J. Walsh(Martin, Traci) |
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