Morales et al v. Greater Omaha Packing
| Jose Morales, Isaac Valencia, Javier Moreno Perez, Carlos Mejia, Ivon Chavorin, Severo Sanchez, Eduardo Cabrales and Carlos Suarez |
| Greater Omaha Packing |
| 8:2008cv00088 |
| March 3, 2008 |
| US District Court for the District of Nebraska |
| Labor: Fair Standards Office |
| Douglas |
| Joseph F. Bataillon |
| Thomas D. Thalken |
| None |
| 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
269
MEMORANDUM AND ORDER OF FINAL APPROVAL that the plaintiff's unopposed motion for attorney fees and costs (Filing No. 263 in 8:08CV88 and Filing No. 189 in 8:08CV161) is granted. Plaintiff is awarded attorney fees $104,559.10 and costs a nd expenses of $113,940.90.1. The parties' joint motion for final approval of settlement agreement (Filing No. 264 in 8:08CV88 and Filing No. 190 in 8:08CV161) is granted. The Settlement Agreement and Release (attached as Ex. A to Fili ng No. 261 in 8:08CV88 and to Filing No. 187 in 8:08CV161) is hereby approved. The claims administrator, BrownGreer, PLC, is directed to disburse funds in accordance with the terms of the Settlement Agreement. A judgment for attorney fees and a final judgment of dismissal will be entered this date. Member Cases: 8:08-cv-00088-JFB-TDT, 8:08-cv-00161-JFB-TDT Ordered by Judge Joseph F. Bataillon. (ADB)
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Filing
262
MEMORANDUM AND ORDER that the Rule 23(e) class and collective action class conditionally certified (Filing No. 92 in 8:08CV88; Filing No. 124 in 8:08CV161; Filing No. 143 in 8:08CV88 and 8:08cv161) is hereby approved and certified. The parties& #039; joint motions for preliminary approval of proposed settlement agreement (Filing No. 259 in 8:08CV88 and Filing No. 185 in 8:08CV161) are granted. The Settlement Agreement (attached as Ex. A to Filing No. 261 in 8:08CV88 and Filing No. [18 7] in 8:08CV161) is preliminarily approved. BrownGreer PLC is approved as the Claims Administrator of the proposed settlement and the projected costs of administration are approved. A Class Notice and Claim form in substantially the same form as that attached as Exhibits 1 through 4 of the Settlement Agreement, Ex. A (Filing No. 261 in 8:08CV88; Filing No. 187 in 8:08CV161) is approved. The parties shall provide notice to the class as provided in the Settlement Agreement. A Fairness Hearing is set for 1/23/2014 at 9:00 AM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Judge Joseph F. Bataillon. Member Cases: 8:08-cv-00088-JFB-TDT, 8:08-cv-00161-JFB-TDT Ordered by Judge Joseph F. Bataillon. (JSF)
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Filing
252
ORDER that upon notice of settlement given to the magistrate judge on 6/4/13, the parties shall electronically file a joint stipulation for dismissal by 7/8/13. Absent compliance with this order, this case (including all counterclaims and the like) may be dismissed without further notice. The previously scheduled pretrial conference and trial are cancelled upon the representation that this case is settled. Member Cases: 8:08-cv-00088-JFB-TDT, 8:08-cv-00161-JFB-TDTOrdered by Magistrate Judge Thomas D. Thalken. (JSF)
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Filing
222
SECOND AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CIVIL CASE - The parties' Joint Motion to Continue Trial Date (Filing No. 220 ) is granted. Jury Trial set for 1/17/2012 at 08:30 AM in Courtroom 3, Federal Building, 111 South 18th Plaza, Omaha, NE before Chief Judge Joseph F. Bataillon. Pretrial Conference set for 12/13/2011 at 02:00 PM in Chambers before Magistrate Judge Thomas D. Thalken. Ordered by Magistrate Judge Thomas D. Thalken. (TEL)
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Filing
217
MEMORANDUM AND ORDER denying 187 Motion to Decertify Collective Action and Rule 23 Class Action; adopting 213 Findings and Recommendation. Ordered by Chief Judge Joseph F. Bataillon. (TEL)
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Filing
212
MEMORANDUM AND ORDER denying Motion for Summary Judgment 176 ; denying Motion for Summary Judgment 179 ; and granting in part and denying in part Motion to Dismiss Party 182 . Party Severo Sanchez terminated. IT IS ORDERED: Defendant's moti on for summary judgment, Filing No. 176 , is denied. Plaintiffs' motion for partial summary judgment, Filing No. 179 , is denied. Defendant's motion to dismiss, Filing No. 182 , is denied in part and granted in part as set forth herein. The individual claims of plaintiff Severo Sanchez and opt-in plaintiff Celina Menjivar are dismissed, without prejudice. Ordered by Chief Judge Joseph F. Bataillon. (TEL)
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Filing
211
MEMORANDUM AND ORDER - Defendant's motion to strike the report and bar testimony of plaintiffs' expert, Filing No. 161 , is granted in part and denied in part as set forth herein. Ordered by Chief Judge Joseph F. Bataillon. (AOA)
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Filing
175
MEMORANDUM AND ORDER - Defendant's motion to dismiss, Filing No. 152 , is granted as follows: Claudio and Figueroa as Party-Plaintiffs in this case; Claudio and Figueroa as class representatives for the Rule 23 class; Rosales as an Opt-In Plain tiff in this case; and all of the Federal Labor Standards Act claims asserted by Claudio, Figueroa, and Rosales in this lawsuit against defendant are all dismissed with prejudice pursuant to Fed. R. Civ. P. 41(b), with each party to bear its own costs. Ordered by Chief Judge Joseph F. Bataillon. (AOA)
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Filing
157
ORDER defendant's motion to compel discovery (146) is granted in case 8:08-cv-00088-JFB-TDT; on or before 7/8/2010 the seven named plaintiffs and sixty-four opt-in class members who had been previously served shall serve responses to the defenda nt's first set of interrogatories and first set of requests for the production of documents; on or before 8/6/2010 Ivon Chavorin, Mercedes Estrella, Carlos Mejia, Jose Morales and Javier Moreno Perez shall appear for their depositions as will be noticed and scheduled at the convenience of the parties as ordered by Magistrate Judge Thomas D. Thalken. (SED)
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Filing
155
ORDER adopting (150) Stipulation and approving the Joint Proposed Combined FLSA and Rule 23 Class Notice Form in case 8:08cv88; adopting (146) Stipulation in case 8:08cv161. Member Cases: 8:08cv88, 8:08cv161. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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Filing
143
MEMORANDUM AND ORDER granting (119) (8:08cv88) Motion to Certify Class; adopting in their entirety (141) Findings and Recommendation in case 8:08-cv-00161-JFB-TDT and (139) Findings and Recommendation in case 8:08-cv-00088-JFB-TDT ; overruling (141) Objection to Findings and Recommendation in case 8:08-cv-00088-JFB-TDT. Member Cases: 8:08-cv-00088-JFB-TDT, 8:08-cv-00161-JFB-TDTOrdered by Chief Judge Joseph F. Bataillon. (ADB, )
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Filing
139
FINDINGS AND RECOMMENDATION that the Plaintiff's MOTION to Certify Class Pursuant To Federal Rule of Civil Procedure 23( 119 in 8:08-cv-00088-JFB-TDT) be granted to include: All current and former production and support workers of Defend ant Greater Omaha Packing Co.s Omaha, Nebraska meat processing facility who have been employed by Greater Omaha at any time from March 4, 2004, to the present and are or were paid on a gang time basis during this Class Period. Any objection to these Findings and Recommendations shall be filed with the Clerk of the Court within fourteen days after being served with a copy of these Findings and Recommendations.Member Cases: 8:08-cv-00088-JFB-TDT, 8:08-cv-00161-JFB-TDTOrdered by Magistrate Judge Thomas D. Thalken. (MKR) Modified on 2/3/2010 to correct link. (JAE).
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Filing
138
ORDER- A telephone planning conference with the undersigned magistrate judge will be held February 9, 2010 at 9;30 a.m.. Plaintiff's counsel shall initiate the telephone conference. ( Planning Conference set for 2/9/2010 at 09:30 AM by Telephone before Magistrate Judge Thomas D. Thalken.) Member Cases: 8:08-cv-00088-JFB-TDT, 8:08-cv-00161-JFB-TDTOrdered by Magistrate Judge Thomas D. Thalken. (MKR)
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Filing
137
ORDER - The defendant's motion to dismiss 108 is denied. The magistrate judge is ordered to progress the case and to address any discovery disputes that are currently impeding the progression of this case. Ordered by Chief Judge Joseph F. Bataillon. (JAE)
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Filing
133
ORDER - This matter is before the court on its own motion. Pursuant to 28 U.S.C. § 636, the court has determined that the motion to dismiss in this case, Filing No. 108 , should be referred to the magistrate judge for a report and recommendation. Accordingly, IT IS ORDERED that defendant's motion to dismiss, Filing No. 108 , is referred to the magistrate judge for a report and recommendation.Ordered by Chief Judge Joseph F. Bataillon. (TCL )
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Filing
112
ORDER - These matters are before the court following a telephone conference with counsel on August 4, 2009. The defendants having moved again for dismissal and decertification, the final progression of this matter will be held in abeyance pending the resolution of the motion to dismiss (Filing No. 108 in 8:08CV88). The undersigned magistrate judge will hold a telephone planning conference with counsel within 10 business days after the resolution of the pending motion to dismiss. Plaintiff's counsel shall arrange and initiate the call. Member Cases: 8:08-cv-00088-JFB-TDT, 8:08-cv-00161-JFB-TDT. Ordered by Magistrate Judge Thomas D. Thalken. (JAE)
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Filing
107
ORDER - Defendants motions to dismiss the claims of plaintiffs Ivon Chavorin, Gabriel Sanchez Claudio, Mercedes Estrella, Yalitza Gonzalez Figueroa, Carlos Mejia, Jose Morales, Javier Moreno Perez (identified in the body of the Consolidated Complaint as Javier Moreno Lopez), Severo Sanchez, and Carlos Suarez (Filing No. 74 in 8:08CV88 and Filing No. 106 in 8:08CV161) are denied. Pursuant to Filing No. 23 in case number 8:08CV88, and Filing No. 63 in case Jose Morales, et al. v. Greater Omaha Packing Company, Inc. (Case No. 8:08CV88). Member Cases: 8:08-cv-00088-JFB-TDT, 8:08-cv-00161-JFB-TDTOrdered by Chief Judge Joseph F. Bataillon. (MKR)
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Filing
106
ORDER - The parties' motion regarding their Joint Proposed Court Ordered Notice Form 104 is granted. The plaintiffs may mail Notice Form (Filing No. 105, Ex. A) to all potential opt-in class members. Member Cases: 8:08-cv-00088-JFB-TDT, 8:08-cv-00161-JFB-TDT. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)
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Filing
103
AGREED PROTECTIVE ORDER Regarding Inspection of Defendant's Omaha Facility by Plaintiffs' Expert Witness. ORDER granting (101) Motion for Protective Order in case 8:08-cv-00088-JFB-TDT. Member Cases: 8:08-cv-00088-JFB-TDT, 8:08-cv-00161-JFB-TDT. Ordered by Magistrate Judge Thomas D. Thalken. (JAE)
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Filing
93
ORDER - The plaintiffs' motions for leave to file a sur-reply brief (Filing No. 120 in 8:08CV161 and Filing No. 88 in 8:08CV88) are granted. The plaintiffs shall file sur-reply briefs on or before June 11, 2009. Defendant's response, if a ny, shall be filed on or before June 16, 2009. Case Management Deadline set for 6/16/2009 - Defendant's response to the plaintiffs sur-reply briefs due. Member Cases: 8:08-cv-00088-JFB-TDT, 8:08-cv-00161-JFB-TDT. Ordered by Chief Judge Joseph F. Bataillon. (JAE)
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Filing
83
PROTECTIVE ORDER in case 8:08-cv-00088-JFB-TDT. Granting (112) Motion for Protective Order in case 8:08-cv-00161-JFB-TDT. Member Cases: 8:08-cv-00088-JFB-TDT, 8:08-cv-00161-JFB-TDTOrdered by Magistrate Judge Thomas D. Thalken. (JAE)
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Filing
77
REPORT AND RECOMMENDATION that the MOTION to Certify Class(95 in 8:08-cv-00161-JFB-TDT, 63 in 8:08-cv-00088-JFB-TDT) be granted to include: All present and former production and support employees who have been employed by Greater Omaha Packing Co., Inc.'s Omaha, Nebraska, processing facility during the time period March 4, 2005, to the present, who use personal protective equipment, and are compensated based on a gang time system. The defendant be required to produce each class member� 39;s name, address and social security number within ten calendar days of entry of an order on this matter. The parties have ten calendar days of entry of an order on this matter to confer regarding a proposed Notice form, and seek court approval th erefore. The plaintiffs be permitted to send the approved Notice form to each potential class member and the defendant be required to circulate the approved Notice form to each potential class member who cannot be reached by mail. Any objection to this Report and Recommendation shall be filed with the Clerk of the Court within 10 business days after being served with a copy of this Report and Recommendation. Member Cases: 8:08-cv-00088-JFB-TDT, 8:08-cv-00161-JFB-TDTOrdered by Magistrate Judge Thomas D. Thalken. (JAE, )
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Filing
66
MEMORANDUM AND ORDER - Plaintiffs' motion to dismiss or to strike 31 in case 8:08-cv-00088-JFB-TDT is denied. Defendant shall respond to the plaintiffs' complaints within 30 days of thedate of this order. Member Cases: 8:08-cv-00088-JFB-TDT, 8:08-cv-00161-JFB-TDT. Ordered by Chief Judge Joseph F. Bataillon. (JAE, )
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