Professional Firefighters Association of Omaha et al v. City of Omaha et al
| Jim Anderlik, Civilian Management, Professional and Technical Employees Council, Terry Leahy, Bill Love, Omaha Civilian Employees Association, Local 251, Omaha Police Officers Association, Local 101, Michael Piernicky and Professional Firefighters Association of Omaha, Local 385 |
| City of Omaha, Pete Festersen, Ben Gray, Chris Jerram, Thomas Mulligan, Jean Stothert, Jim Suttle and Franklin Thompson |
| 8:2010cv00198 |
| May 18, 2010 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Joseph F. Bataillon |
| Labor: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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The following documents for this case are available for you to view or download:
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Filing
484
MEMORANDUM AND ORDER denying 470 the motion for new trial/alter or amend judgment under Fed. R. Civ. P. 59; The motion in opposition, Filing No. 476 is granted as set forth herein. Ordered by Chief Judge Joseph F. Bataillon. (MKR)
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Filing
480
ORDER setting hearing on 10/5/2011 at 01:30 PM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Joseph F. Bataillon, regarding Moton for New Trial /Alter or Amend Judgment under FRCP 59 and Relief from Order Under FRCP 60(b) MOTION for New Trial /Alter or Amend Judgment under FRCP 59 and Relief from Order Under FRCP 60(b) 470 .Ordered by Chief Judge Joseph F. Bataillon. (SMS, )
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Filing
469
MEMORANDUM AND ORDER regarding pending motions. 1. Defendants' motion to strike or respond, Filing No. 453 , is denied. 2. Plaintiffs' and intervenors' motions to award attorney fees, Filing No. 440 and Filing No. 443 , are grante d in part and denied in part as set forth herein. Mr. Corrigan and Mr. Dowd are awarded a total of $68,992.50 ($91,990.00 x.75) in fees, and $9,937.82 in non-taxable costs. Mr. Weinberg is awarded a total of $34,880.00 ($87,2 00 x.40) in fees and $2,026.28 in non-taxable costs. 3. The joint motion to unseal the audio recording and prepare a transcript, Filing No. 467 , is granted. The audio recording of the settlement conference dated October 5, 2010, is ordered uns ealed. The transcript of the October 5, 2010, settlement conference is likewise ordered unsealed for inclusion in a transcript prepared pursuant to Rule 10 of the Federal Rules of Appellate Procedure. Ordered by Chief Judge Joseph F. Bataillon. (JAB)
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Filing
457
CONSENT DECREE - Ordered by Chief Judge Joseph F. Bataillon. (Copy to Finance) (AOA)
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Filing
431
ORDER - Pursuant to my Memorandum and Order of January 3, 2011, Filing No. 427 , the clerk's office shall release the $259,000 bond plus any accrued interest, less the fee authorized by NECivR 67.1, that the plaintiffs posted with the court pursuant to my order of June 29, 2010, Filing No. 53 . The funds shall be disbursed to the Professional Firefighters Association of Omaha, Local 385. Ordered by Chief Judge Joseph F. Bataillon. (Copy to Finance)(AOA)
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Filing
427
MEMORANDUM AND ORDER granting 410 Motion for Approval of Proposed Settlement Agreement; bond previously posted by Unions is exonerated and requirement for bond vacated. Ordered by Chief Judge Joseph F. Bataillon. (SMS, )
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Filing
407
ORDER outlining conduction of fairness hearing on 12/06/2010.Ordered by Chief Judge Joseph F. Bataillon. (SMS, )
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Filing
137
ORDER. A Settlement Conference is set for 10/5/2010 09:00 AM in Courtroom 6, Federal Building, 111 South 18th Plaza, Omaha, NE before Magistrate Judge F.A. Gossett. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
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Filing
122
ORDER - The intervenors' complaint, attached to Filing No. 44 , is deemed filed on August 30, 2010; The defendants shall have 21 days therefrom to file a responsive pleading to the intervenors' complaint; and The parties are ordered to con fer and attempt to resolve the issues surrounding the notice to class members as objected to in Filing No. 121 . The parties shall notify the court on or before September 3, 2010, as to the resolution of the class notice. Ordered by Chief Judge Joseph F. Bataillon. (AOA)
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Filing
120
ORDER - The Court orders the Defendants to provide to current employees of the City of Omaha who are either eligible for or will become eligible for group retiree health benefits pursuant to rights established by City Ordinance or Collective Bargaining Agreements on or Prior to May 18, 2010, a copy of the notice attached hereto as Exhibit A, by electronic mail, hand delivery, or regular United States mail. Ordered by Chief Judge Joseph F. Bataillon. (AOA)
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Filing
110
ORDER denying 99 Defendant City of Omaha'a Motion in Limine as set forth herein. Ordered by Chief Judge Joseph F. Bataillon. (SMS, )
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Filing
72
ORDER - Upon review of counsel for the parties and the record in the above-designated case, the undersigned judge shall, and hereby does, recuse himself from the above-designated case pursuant to 28 U.S.C. § 455(a). Ordered by Magistrate Judge Thomas D. Thalken. (JAB)
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Filing
70
ORDER granting 61 Motion to Continue. Non-Jury Trial set for 8/30/2010 at 08:30 AM in Courtroom 3, Federal Building, 111 South 18th Plaza, Omaha, NE before Chief Judge Joseph F. Bataillon. The City shall file its answer within 10 days of the date of this order. The City shall serve interrogatories within 7 days of the date of this order. Plaintiffs and intervenor plaintiffs shall respond to interrogatories within 20 days thereafter. All additional briefs shall be filed by close of business on August 20, 2010. The deposition of Pam Spaccarotella is tentatively set for August 28, 2010, at 2:30 p.m. All depositions shall be completed by August 13, 2010. Expert witness reports shall be identified and served by August 2, 2010. Ordered by Chief Judge Joseph F. Bataillon. (GJG)
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Filing
56
MEMORANDUM AND ORDER that intervenors' supplemental motion to intervene 51 is granted. Defendants' motion to dismiss 34 is denied. Within five days of the date of this Memorandum and Order, plaintiff Unions shall submit to the court a p roposed order setting forth the required language for class certification as set forth in Fed. R. Civ. P. 23(c), "Certification Order," and shall copy all other parties and intervenors on the proposed order. Ordered by Chief Judge Joseph F. Bataillon. (JSF)
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Filing
53
ORDER that plaintiffs have posted a $259,000.00 bond with the court; the clerk is directed to deposit the aforementioned funds into an interest-bearing account until further order of this court as ordered by Chief Judge Joseph F. Bataillon. (Copy to finance) (SED)
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Filing
52
MEMORANDUM AND ORDER that motion to intervene 44 is granted; Maynard H. Weinberg is allowed to intervene and participate as representative of the interested individuals Rick Bergholz, Mark Allen Lloyd, Stephen Bosilivac, Stephen B. Tyler and Dale A . Gruber and to participate in discovery to the extent of the representation of these individuals; that Maynard H. Weinberg is not acting as class representative of any other plaintiff group; that Maynard H. Weinberg has no objection to plaintiffs� 39; current counsels representing (a) plaintiff unions along with the active members entitled to rights under the current collective bargaining agreements and the Commission of Industrial Relations rulings subject to this court's ruling upon def endants' motion to dismiss, or, (b) the retirees who are allowed into the class action as a class and do not elect out of the class with the exception of the 5 individual retirees listed above as ordered by Chief Judge Joseph F. Bataillon. (SED)
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Filing
43
MEMORANDUM AND ORDER granting 22 Motion for Preliminary Injunction; plaintiffs ordered to post bond on or before 6/30/2010; nonjury trial scheduled for 7/26/2010 (Courtroom 3 Omaha) at 8:30 AM. Ordered by Chief Judge Joseph F. Bataillon. (SMS, )
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