Gomez et al v Tyson Foods
| Jose A. Gomez, Juliana Reyes, Juan M. Cruz, Ted McDonald, Cecilia Ortiz and Mario Cruz |
| Tyson Foods, Inc. |
| 8:2008cv00021 |
| January 16, 2008 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Dakota |
| Joseph F. Bataillon |
| Thomas D. Thalken |
| Labor: Fair Standards |
| 29 U.S.C. ยง 0401 Labor Management Disclosure Act |
| Plaintiff |
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Filing
434
MEMORANDUM AND ORDER - The plaintiffs are awarded compensatory damages in the amount of $1,653,595.60. The plaintiffs are awarded additional liquidated damages under the Fair Labor Standards Act in the amount of $1,653,595.60, for a t otal award of $3,307,191.20. The defendant shall remit $1,653,595.60 to the State Treasurer of the State of Nebraska for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska for willful nonpayment of wages under Neb. Rev. Stat. § 48-1231(2). A judgment in accordance with this Memorandum and Order will issue this date. Ordered by Judge Joseph F. Bataillon. (GJG)
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Filing
432
MEMORANDUM AND ORDER - The plaintiffs' Objection (Filing No. 338 ) to the Magistrate Judge's Order (Filing No. 281 ) is sustained. That portion of the order of the magistrate judge (Filing No. 281 ) that limits class members to tho se employed by Tyson up to the date of class certification is vacated. The plaintiffs' alternative Motion to Amend Class (Filing No. 338 ) is granted. The class certified is amended as follows: All current and former employees of Defendant Tyson's Dakota City, Nebraska, meat processing facility who have been employed by Tyson at any time from January 17, 2004, to April 3, 2013, and are or were paid under a "gang time" compensation system in the Slaughter or Processing Departments. Defendant's Motion to Decertify (Filing No. 417 ) is denied. Ordered by Judge Joseph F. Bataillon. (GJG)
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Filing
428
ORDER TO WITHDRAW EXHIBITS: Pursuant to NECivR 79.1(f), counsel for the parties are ordered to withdraw the trial exhibits submitted in this matter within 14 calendar days of the date of this order. If counsel fail to withdraw these exhibits as order ed, counsel will be ordered to show cause why sanctions should not be imposed. Counsel shall maintain these exhibits in their present condition or state until this case is no longer subject to appellate review. Ordered by District Judge Joseph F. Bataillon. (KMG)
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Filing
318
MEMORANDUM AND ORDER - IT IS ORDERED: The plaintiffs' Emergency Motion to Compel Monty Hahn's Attendance at Trial, Filing No. 310 , is granted. The defendant's Emergency Motion for Clarification, Filing No. 311 , is granted as set forth above. Ordered by Judge Joseph F. Bataillon. (TCL )
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Filing
307
MEMORANDUM AND ORDER - IT IS ORDERED that the defendant's objection (Filing No. 297 ) to the order of the magistrate judge (Filing No. 281 ) is overruled. Ordered by Judge Joseph F. Bataillon. (TCL )
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Filing
281
ORDER - The plaintiffs' Second Motion to Compel Updated Time and Payroll Records (Filing No. 253 ) is granted and denied in part. The defendant is required to supplement the payroll data as explained above. The motion is denied in all other respects. 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 served with a copy of this Order. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)
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Filing
272
ORDER granting 270 JOINT STIPULATION Regarding Postponement of Briefing Regarding Plaintiffs' Motion for Fees and Expenses of the appeal in this case. Ordered by Judge Joseph F. Bataillon. (GJG)
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Filing
223
MEMORANDUM AND ORDER - Defendant's motion to dismiss the claims of plaintiffs Dean Renfeld, Rosaura Azpeitia, and Raymond L. Plafcan (Filing No. 155 ) is denied. Ordered by Judge Joseph F. Bataillon. (GJG)
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Filing
192
ORDER - IT IS ORDERED: The plaintiffs' Motion to Continue Trial Date and For Extension of Certain Pretrial Deadlines (Filing No. 189 ) is granted, in part, and denied, in part. The parties shall have an extension of time until January 7, 2013 , to file and serve a list of all exhibits it expects to offer by providing a numbered listing and permitting examination of such exhibits, designating on the list those exhibits it may offer only if the need arises. The parties shall have an exte nsion of time until February 1, 2013, to file motions in limine. The Final Pretrial Conference with the undersigned magistrate judge remains scheduled for February 15, 2013, at 10:00 a.m. in chambers, Suite 2271, Roman L. Hruska United States Courth ouse, 111 South 18th Plaza, Omaha, Nebraska. Trial remains scheduled set to commence, at the court's call, during the week of March 18, 2013, in Omaha, Nebraska, before the Honorable Joseph F. Bataillon. Ordered by Magistrate Judge Thomas D. Thalken. (TCL )
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Filing
151
ORDER - IT IS ORDERED: The plaintiffs' Motion to Strike Defendant's Amended Trial Witness List (Filing No. 117 ) is denied. The plaintiffs shall have until October 31, 2012, to depose Mark Gordon and Jason Poole, if necessary. Ordered by Magistrate Judge Thomas D. Thalken. (TCL )
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Filing
123
ORDER - For the reasons stated in the conference with counsel, the Motion to Quash Subpoena of Francisco Tostado in his Capacity as a Union Representative for UFCW Local 222 (Filing No. 114 ) is denied. The deposition may take place as scheduled with the caveat that the deposition will be limited to three (3) hours. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)
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Filing
113
ORDER granting in part and denying in part 106 Motion to Compel. On or before August 17, 2012, the plaintiffs shall serve responses or supplemental responses to the defendant's interrogatories and requests for production, without objection, as set forth in this order, or show cause why sanctions should not be imposed against them. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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Filing
104
PROTECTIVE ORDER adopting 102 Joint Stipulation for Protective Order. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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Filing
93
SECOND AMENDED ORDER SETTING FINAL PROGRESSION SCHEDULE. Depositions are due 6/29/2012. Jury Trial set for 3/18/2013 at 08:30 AM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Joseph F. Bataillon. Pretrial Conference set for 2/15/2013 at 10:00 AM in Chambers before Magistrate Judge Thomas D. Thalken. Ordered by Magistrate Judge Thomas D. Thalken. (AOA)
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Filing
90
AMENDED ORDER SETTING FINAL PROGRESSION SCHEDULE - The plaintiffs' Unopposed Motion to Extend Deadlines (Filing No. 89 ) is granted. Deposition deadline set 3/27/2012. Pretrial Conference set for 9/14/2012 at 10:00 AM in Chambers before Magistrate Judge Thomas D. Thalken. Jury Trial set for 10/15/2012 at 08:30 AM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Joseph F. Bataillon. Ordered by Magistrate Judge Thomas D. Thalken. (JAB)
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Filing
76
MEMORANDUM AND ORDER - Plaintiffs' motion to certify the class, Filing No. 62 , is granted. Defendant's objections, Filing No. 75 , are overruled. The findings and recommendation of the magistrate judge, Filing No. 74 , is adopted in its entirety. Ordered by Chief Judge Joseph F. Bataillon. (JAB)
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Filing
66
ORDER granting 65 Motion to Extend the Briefing Schedule. The briefing schedule is hereby amended as follows: a. Defendant's response brief to plaintiffs' Motion to Certify Class Pursuant to Federal Rule of Civil Procedure 23 (Filing No. 62 ) is due September 20, 2010. b. Plaintiffs' reply brief is due October 4, 2010. c. Should plaintiffs raise new facts or arguments in their reply brief, defendant may file a sur-reply brief for the limited purpose of responding to such facts or arguments by no later than October 11, 2010. Ordered by Magistrate Judge Thomas D. Thalken. (GJG, )
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Filing
58
ORDER - The Joint Motion to Extend the Scheduling Order 57 is granted as set forth in this Order. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
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Filing
51
ORDER that the Court's order 46 is amended to extend the parties' deadline for discovery relating to class action certification until April 1, 2010, extend Plaintiffs' deadline to file class action certification motion until April 20 , 2010, extend Defendant's deadline to serve opposition to Plaintiffs' class action certification motion until May 28, 2010, and extend Plaintiffs' deadline to file reply briefs supporting class action certification motion until March 31, 2010. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)
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Filing
46
ORDER granting 45 Joint Motion for Extension of Deadlines. The Court's order hereby is amended to extend the parties' deadline for discovery relating to class action certification until February 1, 2010, extend Plaintiffs' deadline to file class action certification motion until February 10, 2010, extend Defendant's deadline to serve opposition to Plaintiffs' class action certification motion until March 15, 2010, and extend Plaintiffs' deadline to file reply briefs supporting class action certification motion until March 31, 2010. Ordered by Magistrate Judge Thomas D. Thalken. (MLF, )
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Filing
38
ORDER granting 37 Motion to Extend ; The Court's Scheduling Order hereby is amended to extend the parties' deadline for discovery relating to class action certification until November 2, 2009, extend the plaintiffs' deadline to file class action certification motion until November 12, 2009, extend the defendant's deadlines to serve an opposition to the plaintiffs' class action certification motion until December 14, 2009, and extend the plaintiffs' deadline to fil e a reply supporting class action certification until December 31, 2009. A telephone conference with the undersigned magistrate judge and counsel will be held on December 18, 2009, at 1:30 p.m. to discuss the progression of the case. Theplaintiffs' counsel shall initiate the telephone call. Ordered by Magistrate Judge Thomas D. Thalken. (ADB, )
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Filing
18
ORDER from the Multidistrict Litigation Panel - MDL No. 1986 - denying the Motion for Transfer, pursuant to 28 U.S.C. § 1407 (KBJ)
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