Morales et al v. Farmland Foods
| Maria Guzman Morales and Mauricio R. Guarjardo |
| Farmland Foods |
| 8:2008cv00504 |
| November 13, 2008 |
| US District Court for the District of Nebraska |
| Labor: Fair Standards Office |
| Saline |
| F. A. Gossett |
| Plaintiff |
| Federal Question |
| 29:201 Fair Labor Standards Act |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
460
ORDER that this matter is before the court on its own motion. It has come to the court's attention that there is a typographical error on page 24 of the Memorandum and Order dated April 18, 2013 (Filing No. 458 ). The third line of numbered paragraph 3 should state: "$94,215 for the services of Welsh and Welsh." The order is deemed corrected as set forth herein. Ordered by Judge Joseph F. Bataillon. (JSF)
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Filing
458
MEMORANDUM AND ORDER that plaintiffs' 437 Motion for Attorney Fees and 441 Motion for Attorney Fees are granted. The plaintiffs' 446 Motion for oral argurment is denied. The plaintiffs are awarded fees in the amount of $1, 858,172 for the services of Schneider Wallace Cottrell Konecky, LLP, and Berger & Montague, P.C.; $94,215 for the services of Walsh and Walsh; and $55,215 for the services of Philip Downey, resulting in a total attorney fees award of $2,008,142. The plaintiffs are awarded costs and expenses in the amount of $275,416. A judgment for attorney fees and costs in conformity with this Memorandum and Order will issue the date. Ordered by Judge Joseph F. Bataillon. (ADB)
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Filing
435
FINAL ORDER OF APPROVAL OF SETTLEMENT AND DISMISSAL WITH PREJUDICE OF THE COLLECTIVE ACTION regarding 428 Motion for Settlement. The Named Plaintiffs' and Class Members' Motion for Attorneys' Fees and Expenses shall be filed ten ( 10) days after the Effective Date. Farmland Foods' response shall be due thirty (30) days after the later of the date of filing of said Motion and all supporting materials or the Effective Date, and the Named Plaintiffs and Class Members shall have thirty (30) days to file their reply. Ordered by Judge Joseph F. Bataillon. (GJG)
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Filing
433
ORDER GRANTING STIPULATION OF DISMISSAL WITHOUT PREJUDICE filing 431 . Opt-In Plaintiff Barakat Merzah's claims against Farmland Foods, Inc. in the above captioned matter are dismissed without prejudice. Ordered by Judge Joseph F. Bataillon. (GJG)
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Filing
418
ORDER that by March 9, 2012, the parties shall electronically file a motion for preliminary approval of settlement and supporting documents or a joint stipulation for dismissal. Absent compliance with this order, this case may be dismissed without f urther notice. The pretrial conference and trial previously scheduled are cancelled and the plaintiffs' Motion to Compel 405 is terminated upon the representation that this case is settled. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)
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Filing
415
MEMORANDUM AND ORDER that the Findings and Recommendation 408 is adopted in its entirety. The objections to the Findings and Recommendation 413 are overruled. The motion to decertify the class 364 is denied. Ordered by Judge Joseph F. Bataillon. (JSF)
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Filing
411
MEMORANDUM AND ORDER that the Findings and Recommendation 403 is adopted in its entirety. The defendant's motion to dismiss 355 is granted with prejudice. The defendant's motion to dismiss 359 is granted with prejudice. The defendant's motion to dismiss 369 is granted to the extent the forty-two non-responsive opt-in plaintiffs' claims be dismissed without prejudice. Ordered by Judge Joseph F. Bataillon. (JSF)
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Filing
357
ORDER granting 356 Motion to Extend, as requested. The defendant shall have until September 23, 2011, to file a motion to decertify the conditionally certified FLSA class. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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Filing
346
ORDER granting the defendant's 340 Motion to Compel. Han Nguyen, Lisa Schwab, and Elliot Fair shall present themselves for depositions to be rescheduled at the convenience of the parties and their counsel on or before August 26, 2011. Failure to appear may result in dismissal of the non- compliant partys claims. Fed. R. Civ. P. 37(b)(2)(A). Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
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Filing
345
ORDER on filing 340 the captioned Motion to Dismiss 340 . Filing 340 is deemed a Motion to Compel and is referred to the magistrate judge for disposition. Ordered by Chief Judge Joseph F. Bataillon. (MKR)
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Filing
328
ORDER - The parties' Joint Stipulation Regarding Expert Witness Deadlines, filing 326 is granted. The Court's Scheduling Order of March 30, 2011 (Filing No. 311 ) is hereby amended as set out in this order. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)
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Filing
311
ORDER granting 310 Motion to Extend. The defendant shall have until August 1, 2011, to file a motion to decertify the conditionally certified class. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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Filing
308
ORDER denying 277 Motion for Protective Order; granting 279 Motion for Leave to Take Additional Depositions and for Extension of the Expert Witness Deadlines. The plaintiffs shall have until April 7, 2011, to serve responses to the defendant' ;s Amended First Requests for Admissions to Opt-In Plaintiffs. The defendant shall provide a list of deponents by April 25, 2011. The plaintiffs shall have until May 23, 2011, to supplement their expert witness disclosures regarding the information discovered in the depositions of Deb Paulson and Pat Schnell. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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Filing
276
MEMORANDUM AND ORDER that Defendant's motions for summary judgment/motions to dismiss/motion for interlocutory appeal 133 , 137 , 139 , 141 , 143 , 165 , 169 , 179 , 192 and 223 are denied. Plaintiffs who filed bankruptcy wherein the claims in this litigation should have been included are hereby given 30 days from the date of this order to reopen their cases in bankruptcy or file whatever is required. Plaintiffs' motion for summary judgment 175 is denied. Ordered by Chief Judge Joseph F. Bataillon. (JSF)
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Filing
275
ORDER granting 274 parties' Third Joint Motion For Extension Of Deadlines For Fact Discovery And Motion To Decertify Conditionally Certified FLSA Class. May 9, 2011, is the deadline to file a motion to decertify. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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Filing
272
ORDER granting in part and denying in part 235 Motion to Compel. The defendant is granted leave to serve twenty requests for admissions on the random sample of fifteen percent of the FLSA opt-in class members previously selected to respond to discovery. The motion is denied in all other respects. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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Filing
271
ORDER granting 270 parties' Second Joint Motion For Extension Of Deadlines For Fact Discovery And Motion To Decertify Conditionally Certified FLSA Class. March 18, 2011, is the deadline to file a motion to decertify. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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Filing
258
ORDER granting 257 Motion to Extend. The parties shall have until December 17, 2010, to complete fact discovery. The defendant shall have until January 14, 2011, to file a motion to decertify the conditionally certified FLSA class. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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Filing
225
ORDER - The Joint Motion for Extension of Time (filing No. 222 ) Regarding Briefing Schedule for Defendant's Motion for Summary Judgment Dismissing with Prejudice All Claims Barred by the Statute of Limitations (filing No. 137 ) is granted. Pl aintiffs' shall file their response in opposition to Defendants Motion for Summary Judgment Dismissing with Prejudice All Claims Barred by the Statute of Limitations (filing No. 137 ) on or before September 17, 2010, and Defendant shall file its reply in support of said motion on or before October 29, 2010. Ordered by Chief Judge Joseph F. Bataillon. (JAB)
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Filing
221
ORDER granting 158 Motion for Protective Order, in part. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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Filing
219
ORDER - 1. The defendant's Motion to Clarify Current Scheduling Order or in the Alternative For Leave to File Out of Time a Motion to Decertify the Conditionally Certified FLSA Class (Filing No. 182 ) is granted, over objection, as set forth he rein. 2. The defendant shall have to on or before October 1, 2010, to file a motion to decertify the conditionally certified FLSA class. 3. The parties' Joint Motion to Clarify/Extend Remaining Deadlines in Scheduling Order (Filing No. 209 ) is granted. 4. The parties shall have until October 31, 2010, to complete fact discovery, which includes all depositions (other than expert depositions). 5. The pretrial conference, previously scheduled for November 8, 2010, and deadlines for disclosu re of trial exhibit lists and motions in limine (other than as to experts) are canceled pending establishment of a trial date. 6. The parties shall have fourteen (14) days from the date the court rules on the pending motions for summary judgment, in which to schedule a telephone planning conference with the court. Ordered by Magistrate Judge Thomas D. Thalken. (JAB)
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Filing
218
ORDER granting 212 Motion to Extend. Plaintiffs' shall file their responses in opposition to Defendant's Motions For Summary Judgment Against Plaintiffs and Certain Opt-In Plaintiffs (Dkt. Nos. 165, 169, 175 and 179) onor before September 13, 2010, and Defendant shall file its replies in support of said motions on or before September 28, 2010. Ordered by Chief Judge Joseph F. Bataillon. (JSF)
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Filing
157
ORDER granting 156 Motion for Leave to File a Response to Plaintiff's Notice of Supplemental Authority 146 . The Response, exhibit A to Filing No. 156 , is deemed filed. Ordered by Chief Judge Joseph F. Bataillon. (JAE)
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Filing
151
ORDER granting 150 the parties Joint Motion for Extension of Time regarding briefign schedule for all dispositive motions and for certain discovery. The court's scheduling Order is amended as set forth within the order. On or before August 2, 2010, Plaintiffs will file their response in opposition to Defendant's Motion for Partial Summary Judgment "Swiping In," "Being Checked," Walking, Waiting, Straight Knives, "Draw Knives," Hooks, And Other Light Tool s (Filing No. 133 ); On or before August 2, 2010, Plaintiffs will file their response in oppositionto Defendant's Motion for Partial Summary Judgment Non-Unique Items (Filing No. 141 ); On or before August 2, 2010, Plaintiffs will file their o wn dispositive motions, if any; On or before August 11, 2010, Plaintiffs will file their response in opposition to Defendant's Motion for Partial Summary Judgment Regarding Class Plaintiffs Who Do Not Fit Within The Class Definition (Filing No. 139 ); On or before August 31, 2010, Plaintiffs will file their response in opposition to Defendant's Motion for Partial Summary Judgment Dismissing With Prejudice All Claims Barred By The Statute Of Limitations (Filing No. 137 ). On or before September 28, 2010, Defendant will file its reply briefs in support of its Motion for Partial Summary Judgment "Swiping In," "Being Checked," Walking, Waiting, Straight Knives, "Draw Knives," Hooks, And Other Light Tool s (Filing No. 133 ), its Motion for Partial Summary Judgment Non-Unique Items (Filing No. 141 ), andits Motion for Partial Summary Judgment Regarding Class Plaintiffs Who Do Not Fit WithinThe Class Definition (Filing No. 139 ); On or before October 14, 2010, Defendant will file its reply brief in support of its Motion for Partial Summary Judgment Dismissing With Prejudice All Claims Barred By The Statute Of Limitations (Filing No. 137 ); Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
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Filing
149
ORDER -Plaintiff's are granted to July 29, 2010 to respond to the five summary judgment motions, without prejudice to a further revision of that date (with court-approval) after the parties have a further opportunity to discuss proposals to revi se the schedule for briefing the summary judgment motions and for further proceedings, and outstanding discovery issues. It is further ordered that by Friday, July 9, 2010, the parties will either report an agreement and proposed briefing schedule f or the five summary judgment motions and further proceedings, or report any points of agreement. The parties shall then file motions as to any unresolved issues, and the opposing party shall respond within the time prescribed by the Local Rules. Ordered by Chief Judge Joseph F. Bataillon. (MKR)
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Filing
128
ORDER granting 127 Joint Motion to Extend Deadlines. Ordered by Magistrate Judge Thomas D. Thalken. (JAB)
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Filing
116
ORDER granting 115 Motion to Extend. IT IS ORDERED: The motion is granted and the following deadlines are amended: 1. Plaintiffs' expert disclosure and report: No later than May 12, 2010. 2. Defendant's expert disclosure and report: No later than June 28, 2010. 3. Plaintiffs' rebuttal expert disclosure and report: No later than July 23, 2010. 4. Motions in limine challenging the admissibility of expert testimony: a. No later than July 30, 2010 for the experts disclosed May 1 2 and June 28, 2010. b. No later than August 30, 2010 for rebuttal experts disclosed July 23, 2010. 5. Motions for Summary Judgment (other than those based on 29 U.S.C. §203(o)):No later than August 2, 2010. Ordered by Magistrate Judge Thomas D. Thalken. (PCV, )
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Filing
93
ORDER granting 92 Stipulation for Dismissal without prejudice the claim articulated in the Second Cause of Action of the Second Amended Complaint; This Order does not affect in any way and is without prejudice to Plaintiffs' and opt-in claiman ts' claim, which remains in this case, for straight-time compensation for hours worked under 40 in a workweek during which Plaintiffs or opt-in claimants establish that they worked over 40 hours and are entitled to recover unpaid overtime compensation. Ordered by Chief Judge Joseph F. Bataillon. (ADB, )
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Filing
86
AMENDED ORDER that the Joint Submission on Class Notice (Filing No. 84 ) is adopted as follows. The court approves the Class Notice submitted by the parties together with the opt- in form which includes a location for the last four digits of a class member's social security number. Ordered by Magistrate Judge Thomas D. Thalken. (ADB, )
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Filing
82
ORDER adopting 74 Report and Recommendation as modifiedby the parties joint stipulation (Filing No. 80 ). The 50 Motion to Certify Class is granted to include the class set forthin the parties' stipulation (Filing No. 80 ). Ordered by Chief Judge Joseph F. Bataillon. (ADB, )
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Filing
78
ORDER - The parties' Joint Motion 77 For Additional Extension Of Time To File Objections and Brief In Support Of Objections To The Magistrate Judges Report And Recommendation 74 is granted. The court grants the parties' motion 77 . T he parties will have until August 21, 2009, to file their objections to the Magistrate Judges Report and Recommendation or, alternatively, a stipulation on the make-up of the 216(b) class and method of notice to that class. Ordered by Chief Judge Joseph F. Bataillon. (KBJ)
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Filing
76
ORDER granting 75 Motion to Extend. The parties have until 8/14/09 to file their objections to the Magistrate Judge's Report and Recommendation 74 or, alternatively, a stipulation on the make-up of the 215(b) class and method of notice to that class. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)
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Filing
74
REPORT AND RECOMMENDATION that the plaintiffs' Motion to Proceed as a Collective Action and Facilitate Notice Under 29 U.S.C. § 216(b) 50 be granted in part and denied in part. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
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Filing
72
ORDER TO SHOW CAUSE - Attorney Mr. Jonathan D. Berger is to register for admittance to practice in this court and register for the System or show cause by written affidavit why he cannot comply with the rules of the court on or before July 15, 2009. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to attorney) (KBJ)
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Filing
57
AMENDED ORDER that the parties' Joint Motion for Extension of Deadlines 55 is granted; the Order Setting Schedule for Initial Progression of a Case 38 is amended as follows; the parties' mediation statement is due not later than July 24 , 2009; the deadlines for any motion to amend pleadings and/or add parties by the plaintiffs is July 24, 2009, and by the defendant is August 24, 2009; the defendant has until May 18, 2009, to file a response to the plaintiffs' Motion to Proceed as a Collective Action and Facilitate Notice Under 29 U.S.C. § 216(b) 50 ; a telephone conference with the undersigned magistrate judge will be held on September 25, 2009, at 11:00 a.m., for the purpose of reviewing the preparation of the case to date and the scheduling of the case to trial; the plaintiffs' counsel shall initiate the telephone conference; no evidentiary hearing will be held on the plaintiffs' Motionto Proceed as a Collective Action and Facilitate Notice Under 29 U.S.C. § 216(b) 50 . Ordered by Magistrate Judge Thomas D. Thalken. (CJP)
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Filing
37
ORDER denying 27 Motion to Change Venue. Ordered by Magistrate Judge Thomas D. Thalken. (PAV)
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