Petrone v. Werner Enterprises, Inc. et al
| Philip Petrone |
| Drivers Management and Werner Enterprises, Inc. |
| 8:2011cv00401 |
| November 23, 2011 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Lyle E. Strom |
| F.A. Gossett |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
706
ORDER The motion to withdraw as counsel of record (Filing No. 705 ) is granted and Patrick S. Cooper is deemed withdrawn as counsel of record for Defendants in these cases. The Clerk of Court shall terminate electronic notice to Patrick S. Cooper in this case. Member Cases: 8:11-cv-00401-BCB-MDN, 8:12-cv-00307-BCB-MDN Ordered by Magistrate Judge Michael D. Nelson. (LRM)
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Filing
680
MEMORANDUM AND ORDER ON PLAINTIFFS' MOTION FOR RECONSIDERATION AND PLAINTIFFS' MOTION TO EXTEND TIME TO FILE NOTICE OF APPEAL Plaintiffs' Motion for Reconsideration and to Amend/Reopen Judgment and for Defendants to Reimburse Plaintiff s the Vacated Sanction (Motion for Reconsideration), Filing 665 , is granted to the extent that Judge Strom's award of $61,222.14 to Defendants as a sanction pursuant to Rule 37(c)(1) without legal authority is set aside, and Defendants ar e required to return that monetary sanction. Plaintiffs' Motion to Extend Deadline to File Notice of Appeal (Motion to Extend), Filing 675 , is granted, and the parties shall have to and including April 28, 2023, or 14 days after the date of this Order, whichever is later, to file any Notice of Appeal. Member Cases: 8:11-cv-00401-BCB-MDN, 8:12-cv-00307-BCB-MDN Ordered by Judge Brian C. Buescher. (LRM)
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Filing
663
ORDER - Plaintiffs' February 6, 2023, Motion to Amend/Reopen Judgment Pursuant to Fed. R. Civ. P. 59 and/or for Relief Under Fed. R. Civ. P. 60, and for Defendants to Reimburse Plaintiffs the Vacated Sanction, Filing 658 , is denied without pre judice to reassertion within seven (7) days of the date of this Order. If Plaintiffs do not reassert their Motion within seven (7) days of the date of this Order, the time for appeal will run from the date of this Order. Defendants; February 13, 2023, Motion to Strike Filing No. 658 for Plaintiff's Failure to Comply with Local Rules, Filing 661 , is denied as moot. Member Cases: 8:11-cv-00401-BCB-MDN, 8:12-cv-00307-BCB-MDNOrdered by Judge Brian C. Buescher. (LKO)
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Filing
656
MEMORANDUM AND ORDER ON REMAND Plaintiffs' Motion for New Trial, Filing 610 , is denied. Judgment shall enter in favor of Defendants and against Plaintiffs on all claims. Member Cases: 8:11-cv-00401-BCB-MDN, 8:12-cv-00307-BCB-MDN Ordered by Judge Brian C. Buescher. (LRM)
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Filing
652
ORDER - IT IS ORDERED: The Clerk of Court is directed to reopen Plaintiffs' motion for new trial (Filing No. 610 in the Lead Case). On or before October 26, 2022, the parties shall file simultaneous supplemental briefs limited to the requisite analyses (1) under Rule 37(c)(1) of the Federal Rule of Civil Procedure and (2) Rule 706 of the Federal Rules of Evidence.Member Cases: 8:11-cv-00401-BCB-MDN, 8:12-cv-00307-BCB-MDN Ordered by Magistrate Judge Michael D. Nelson. (TCL)
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Filing
644
ORDER granting (643) Motion to Withdraw as Attorney in case 8:11-cv-00401-BCB-MDN and granting (543) Motion to Withdraw as Attorney in case 8:12-cv-00307-BCB-MDN. Attorney Joseph E. Jones is deemed withdrawn and shall no longer receive electronic notice in these consolidated cases. Member Cases: 8:11-cv-00401-BCB-MDN, 8:12-cv-00307-BCB-MDN. Ordered by Magistrate Judge Michael D. Nelson. (MLF)
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Filing
641
MEMORANDUM AND ORDER - The Objection to Bill of Costs (Filing 626 ) filed by Plaintiffs is overruled. The Motion to Enforce Mandate and Order Defendants Return Vacated Rule 37(c)(1) Sanction (Filing 628 ) filed by Plaintiffs is denied without prej udice to reassertion following the resolution of Plaintiffs' appeal. The Motion to Review Taxation of Costs (Filing 632 ) filed by Plaintiffs is denied as to matters already settled by the Court's previous order, and is otherwise denied without prejudice to reassertion following the resolution of Plaintiffs' appeal. Member Cases: 8:11-cv-00401-BCB-MDN, 8:12-cv-00307-BCB-MDNOrdered by Judge Brian C. Buescher. (LKO)
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Filing
618
MEMORANDUM AND ORDER - Defendants' Motion to Enter Judgment on the Mandate and For Order Approving Release of Supersedeas Bond, ECF No. 607 , is granted. This action is dismissed with prejudice. The supersedeas bond posted by Defendants is released. Plaintiffs' Motion for a New Trial, ECF No. 610 , is denied. A separate judgment will be entered. Member Cases: 8:11-cv-00401-LSC-MDN, 8:12-cv-00307-LSC-MDN Ordered by Senior Judge Laurie Smith Camp. (LKO)
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Filing
587
MEMORANDUM AND ORDER - The Motion to Stay Execution of Judgment Pending Appeal and for Approval of Supersedeas Bond, ECF No. 579 in Case No. 8:11CV401; ECF No. 479 in Case No. 8:12CV307, is granted. Pursuant to Federal Rule of Civil Procedure 62( d), on or before May 18, 2018, Werner shall file the proposed bond, Bond No. 106899633, ECF No. 579 -1, with the Clerk of the Court, which will remain in full force and effect until released by order of the Court. Upon filing of the Bond, pursuant t o Federal Rule of Civil Procedure 62(c),execution of the Court's Judgment entered against the Defendants isstayed, and no proceedings may be brought to enforce the Judgment, until30 days after the final disposition of the appeal pending before the UnitedStates Court of Appeals for the Eighth Circuit. Member Cases: 8:11-cv-00401-LSC-MDN, 8:12-cv-00307-LSC-MDN Ordered by Chief Judge Laurie Smith Camp. (LKO)
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Filing
584
MEMORANDUM AND ORDER - Plaintiffs' Objection to Costs Taxed, ECF No. 568 in Case No. 8:11CV401; ECF No. 468 in Case No. 8:12CV307, is overruled. Plaintiffs' Motion for Clarification, ECF No. 569 in Case No. 8:11CV401; ECF No. 469 in Case No. 8:12CV307, is granted, consistent with this order. Member Cases: 8:11-cv-00401-LSC-MDN, 8:12-cv-00307-LSC-MDN Ordered by Chief Judge Laurie Smith Camp. (LKO)
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Filing
566
MEMORANDUM AND ORDER - Plaintiffs' Motion for Partial Judgment as a Matter of Law, Motion for New Trial, and Motion to Amend the Judgment, ECF No. 551 in Case No. 8:11CV401; ECF No. 451 in Case No. 8:12CV307, is denied. Plaintiffs' Moti on for Attorney's Fees and Costs under 29 U.S.C. § 216(b) and Motion for Service Payments for Named Plaintiffs, ECF No. 554 in Case No. 8:11CV401; ECF No. 454 in Case No. 8:12CV307, is granted as follows: Plaintiffs are awarded $33 7,293.69 in attorney's fees; Plaintiffs are awarded $133,276.63 in nontaxable costs and expenses; and Named Plaintiffs are awarded service payments of $10,000 each, totaling $40,000, to be paid from unclaimed funds of the verdict, or, if the amount of unclaimed funds cannot cover the service payments, to be paid from Plaintiffs' counsel's fee award. Member Cases: 8:11-cv-00401-LSC-MDN, 8:12-cv-00307-LSC-MDN Ordered by Chief Judge Laurie Smith Camp. (LKO)
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Filing
544
MEMORANDUM AND ORDER that the Renewed Motion for Liquidated Damages, ECF No. 537 in Case No. 11cv401, ECF No. 437 in Case No. 12cv307, filed by Plaintiffs Philip Petrone, et al., is denied; and The Motion for Extension of Time to Reply to Defenda nts' Response to Plaintiffs' Motion for Fund Allocation, ECF No. 543 in Case No. 11cv401, ECF No. 443 in Case No. 12cv307, is denied. Member Cases: 8:11-cv-00401-LSC-MDN, 8:12-cv-00307-LSC-MDN Ordered by Chief Judge Laurie Smith Camp. (ADB)
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Filing
472
MEMORANDUM AND ORDER - IT IS ORDERED: the Motions in Limine, ECF No. 423 in Case No. 11cv401, ECF No. 325 in Case No. 12cv307, filed by Defendants Werner Enterprises, Inc., and Drivers Management, LLC, are granted, in part, in accordance with this Memorandum and Order. Ordered by Chief Judge Laurie Smith Camp. (TCL)
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Filing
430
PRETRIAL ORDER - estimated length of trial is not less than 7 days, not more than 21 days, and probably about 10-14 days. Jury Trial set for 5/16/2017 at 09:00 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Member Cases: 8:11-cv-00401-LSC-FG3, 8:12-cv-00307-LSC-FG3. Ordered by Magistrate Judge F.A. Gossett. (GJG )
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Filing
396
MEMORANDUM AND ORDER - The defendants' motions (Filing No. 349 in 8:11CV401; Filing No. 251 in 8:12CV307) to exclude and/or strike plaintiffs' newly disclosed damage calculations are granted. The defendants' motions (Filing No. 386 in 8:11CV401; Filing No. 288 in 8:12CV307) to strike the December 2015 Declaration of Richard Kroon are granted. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3. Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
395
MEMORANDUM AND ORDER - Defendants' motion (Filing No. 378) for reconsideration of the August 3, 2015, Order (Filing No. 347) is granted in part. The portion of the Courts August 3, 2015, Order granting summary judgment in favor of the plaintif fs on the NWPCA claims is vacated. Plaintiffs' NWPCA claims are dismissed with prejudice. Defendant's motion to reconsider the NWHA claims is denied. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3. Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
377
ORDER regarding (376) Motion to Extend in case 8:11-cv-00401-LES-FG3 and (278) Motion to Extend in case 8:12-cv-00307-LES-FG3. The motions are granted; plaintiffs shall have until December 14 to file their summary judgment motions on damages; defendants shall have until January 22, 2916, to file their opposition thereto. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3. Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
375
ORDER - The motions to extend deadline for responding to plaintiffs' motions for summary judgment on damages is granted; defendants shall have until January 11, 2016, to respond to said motions. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3. Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
373
ORDER granting (372) Motion for Leave in case 8:11-cv-00401-LES-FG3; granting (274) Motion for Leave in case 8:12-cv-00307-LES-FG3. Plaintiffs' motion for leave to file for summary judgment as to damages is granted. Plaintiffs shall have unti l December 3, 2015, to file their motion. Defendants shall have until December 31, 2015, to respond. Plaintiffs shall have until January 8, 2016, to reply. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3. Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
367
MEMORANDUM AND ORDER - Defendants' motion is granted in part and denied in part: 1) Defendants' motion for reconsideration under Rule 60(b) is denied. 2) Defendants' motion to certify ruling for an interlocutory appeal as to the Au gust 3, 2015, summary judgment order (Filing No. 347 in 8:11CV401; Filing No. 249 in 8:12CV307) is granted. 3) Defendants' motion to stay proceedings pending the outcome of appeal is granted. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
359
ORDER - The motions are granted; (Motion to Extend in case 8:11-cv-00401-LES-FG3, filing (358) and Motion to Extend in case 8:12-cv-00307-LES-FG3 filing (260)) the parties shall have until August 19, 2015, to exchange trial exhibits and until August 21, 2015, to exchange deposition extracts. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3. Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
357
ORDER - Defendants' renewed motions to decertify the class and collective action (Filing No. 318 in 8:11CV401; Filing No. 220 in 8:12CV307) are denied. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3. Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
353
ORDER - IT IS ORDERED that the motion for expedited briefing is granted. Plaintiffs shall have until August 17, 2015, to respond. Defendants shall have until August 19, 2015, to file a reply. Ordered by Senior Judge Lyle E. Strom. (TCL )
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Filing
348
ORDER - Defendants' motion to strike the May 2015 declaration of Richard Kroon is granted. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3. Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
345
MEMORANDUM AND ORDER - Defendants' renewed motion in limine (Filing No. 302 in 8:11CV401; Filing No. 204 in 8:12CV307) to exclude damage calculations and expert testimony by Richard Kroon is denied; Plaintiffs' motion in limine (Filing No. 306 in 8:11CV401; Filing No. 208 in 8:12CV307) to exclude defendants proposed rebuttal expert Robert Topel and to strike under Rule 26 is denied. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3. Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
330
ORDER granting 324 Motion to Seal in case 8:11-cv-00401-LES-FG3 and granting 226 Motion to Seal in case 8:12-cv-00307-LES-FG3. Exhibit 1-D of plaintiffs' index as noted in the motions shall remain sealed pending further order of the Court. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3. Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
301
ORDER - This matter is before the Court on plaintiffs' motions for leave to serve reply report (Filing No. 298 in 8:11CV401; Filing No. 200 in 8:12CV307). The Court has been advised defendants have no objection. Accordingly, IT IS ORDERED that plaintiffs' motions are granted; plaintiffs may serve Kroon's reply report on or before February 10, 2015. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
295
2ND AMENDED FINAL PROGRESSION ORDER - This matter is before the court on the parties' Stipulated Progression Order 294 . Final Pretrial Conference set for 8/24/2015 at 09:30 AM in Chambers before Magistrate F. A. Gossett. Jury Trial set for 9/8/2015 at 09:00 AM in Courtroom 5, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Lyle E. Strom. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3Ordered by Senior Judge Lyle E. Strom. (MKR)
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Filing
283
MEMORANDUM AND ORDER - Plaintiffs shall pay defendant Werner Enterprises costs in the amount of $61,222.14. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
280
ORDER - This matter is before the Court on the motion for plaintiffs to submit their supplemental report (Filing No. 279 in 8:11CV401). The Court finds the motion should be granted. Accordingly, IT IS ORDERED that the motion is granted; plaintiffs shall have until August 1, 2014, to serve a copy of Richard Kroons supplemental report to defendants. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3. Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
277
ORDER granting (276) Motion to Extend in case 8:11-cv-00401-LES-FG3; granting (180) Motion to Extend in case 8:12-cv-00307-LES-FG3. The scheduling conference is rescheduled to: Friday, September 12, 2014, at 9 a.m. in the chambers of the undersigned. The schedule for the second deposition of Richard Kroon will be established at the scheduling conference. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3. Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
275
MEMORANDUM AND ORDER - Plaintiffs' motion to file the additional expert report of Daniel Regard is denied. Plaintiffs' motion to file a supplemental report of Richard Kroon is granted to the extent that it incorporates the additional disco very responses by defendants and corrects errors that improperly inflated the calculation of the disputed periods. Plaintiffs shall produce the supplemental report to defendants no later than July 18, 2014. Defendants shall be given the opportunity to depose plaintiffs' expert at plaintiffs' expense no later than August 8, 2014. All other pending motions will be denied without prejudice (Filing Nos. 247, 256, 263 and 269 in 8:11CV401; Filing Nos. 151, 160, 167 and 173 in 8:12CV307) . A planning conference in the chambers of the undersigned is scheduled for: Monday, August 25, 2014, at 9 a.m. to establish new deadlines and a new trial date. Defendants shall submit for the Court's consideration all costs incurred as a result of the late submission of plaintiffs supplemental expert report. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3Ordered by Senior Judge Lyle E. Strom. (GJG, )
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Filing
273
MEMORANDUM AND ORDER - Defendants' motions to strike the 28 previously undisclosed witnesses (8:11CV401, Filing No. 213; 8:12CV307, Filing No. 116) is granted. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3. Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
272
ORDER - This matter is before the Court on the motions of plaintiffs to seal Exhibit 1-D of their index (Filing No. 265 in 8:11CV401 and Filing No. 169 in 8:12CV307). The Court finds the plaintiffs' motions should be granted. Accordingly, IT IS ORDERED that Exhibit 1-D of plaintiffs' index as noted in the motions shall remain sealed pending further order of the Court. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
271
ORDER - The respective motions are granted ((270) in case 8:11-cv-00401-LES-FG3 and (174) in case 8:12-cv-00307-LES-FG3) Defendants shall have until July 11, 2014, to file a brief in opposition to plaintiffs' motion for summary judgment. Plaintiffs shall have until August 1, 2014, to file a reply brief in support of their motion for summary judgment. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
252
ORDER granting (249) Motion to Restrict pursuant to the E-Government Act in case 8:11-cv-00401-LES-FG3; granting (153) Motion to Restrict pursuant to the E-Government Act in case 8:12-cv-00307-LES-FG3. Exhibit A of defendants' index of eviden ce in support of motion to exclude damage calculations and expert testimony by Richard Kroon shall remain restricted pending further order of the Court. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3. Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
239
MEMORANDUM AND ORDER - No later than May 27, 2014, defendants shall produce the documents indicated in plaintiffs Fourth Set of Requests for Production of Documents, Request Number 2. Plaintiff's motion to compel (8:11CV401, Filing No. 192; 8:12CV307, Filing No. 95) is otherwise denied. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3. Ordered by Senior Judge Lyle E. Strom. (GJG, )
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Filing
220
ORDER denying (207) Motion for Protective Order in case 8:11-cv-00401-LES-FG3; denying (110) Motion for Protective Order in case 8:12-cv-00307-LES-FG3. Plaintiffs' motion for a protective order is denied. No later than April 15, 2014, plaint iffs shall produce the six noticed class members for depositions by defendants counsel. Counsel for the parties shall make a good faith efforts to accommodate each other's conflicts in scheduling the additional depositions. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
212
ORDER regarding MOTION for Protective Order (207 in 8:11-cv-00401-LES-FG3, 110 in 8:12-cv-00307-LES-FG3). No later than March 12, 2014, defendants shall file their response to plaintiffs' motion for a protective order or extension of time. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3. Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
205
ORDER - No later than March 10, 2014, plaintiffs shall file their response to defendants motion to compel (Filing No. 199 in 8:11CV401; Filing No. 102 in 8:12CV307). No later than March 12, 2014, defendants shall file their reply brief. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
197
ORDER granting (196) Motion to Amend in case 8:11-cv-00401-LES-FG3; granting (99) Motion to Amend in case 8:12-cv-00307-LES-FG3. The motions to amend brief are granted. The briefs are deemed timely filed in each action. The briefs filed in clerical error (Filing No. 193 in 8:11CV401 and Filing No. 96 in 8:12CV307) shall be stricken by the clerk of the court. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3. Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
190
ORDER - IT IS ORDERED that the stipulation is moot as to this action. Ordered by Senior Judge Lyle E. Strom. (TCL )
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Filing
187
MEMORANDUM AND ORDER - Plaintiffs' motions, filing 171 in case 8:11-cv-00401-LES-FG3 and 74 in case 8:12-cv-00307-LES-FG3, are denied. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3. Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
183
ORDER granting Plaintiffs' Motion to Extend. The respective motions for extension of time are granted; plaintiffs shall have until January 6, 2014, to file a reply to defendants' brief in opposition to plaintiffs'motion for leave to file a third amended complaint. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3 Ordered by Senior Judge Lyle E. Strom. (JAB)
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Filing
178
ORDER - Defendants' motions are granted; (Filing No. 177 in 8:11CV401; Filing No. 80 in 8:12CV307) defendants shall have until December 16, 2013, to respond to plaintiffs' motion for leave to file a third amended complaint. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3.Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
169
ORDER - The "CONFIDENTIALITY" designations by Defendants of the four deposition transcripts consisting of the 30(b)(6) Corporate Designee witnesses, Jamie Maus, Jim Mullen, Steven Tisinger, and Mary Kay Howe are hereby stricken. Defenda nts' Brief in Opposition to Class Certification (8:12CV307 Filing No. 40 & 8:11CV401 Filing No. 133) and Plaintiffs' Reply Brief and Index of Evidence in Support of their Motion to Certify Class (8:12CV307 Filing Nos. 45-46, 49) are hereb y unsealed. The Index of Evidence and Exhibits attached to Plaintiffs' Motion to Strike "CONFIDENTIALITY" Designations by Defendants are hereby unsealed (8:12CV307 Filing No. 60 & 8:11CV401 Filing No. 156). Plaintiffs' motion to unseal defendants' Index of Evidence accompanying defendants' Brief in Opposition to Class Certification is denied. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
147
ORDER - After telephonic conference with counsel, IT IS ORDERED that plaintiffs' counsel may use the notice as set forth in counsel's letter (Filing No. 146 ). Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
144
ORDER - Plaintiffs' counsel will produce a draft of a short, simple statement to the potential class members who have not yet opted in. The draft will state that plaintiffs' counsel has not yet received a response from that person, and that any response must be sent to plaintiffs' counsel by August 1, 2013. The statement may be in the form of a post card. Plaintiffs' counsel will show the draft statement to defendants' counsel, and the parties will attempt to agree as to the proposed language for the statement. If agreement is not achieved, the Court will hold an additional telephonic hearing with counsel in order to resolve the issue. Plaintiffs' counsel will mail the statement to the approximately 25,000 potential plaintiffs who have not yet opted in. Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
136
ORDER granting (132) Motion to Seal in case 8:11-cv-00401-LES-FG3; granting (38) Motion to Seal in case 8:12-cv-00307-LES-FG3. Defendants' brief and index of evidence shall remain sealed pending further order of the Court. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3. Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
120
MEMORANDUM AND ORDER - This matter is before the Court on plaintiffs' motionfor miscellaneous relief (Filing No. 113 ). The Court will adopt the deadlines and language communicated as set forth in this Memorandum and Order. Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
112
STIPULATED PROTECTIVE ORDER - a Protective Order is granted and entered. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
110
ORDER - IT IS ORDERED that defendants' motions are granted; defendants shall have until May 21, 2013, to respond to plaintiffs' motion to certify the class. Ordered by Senior Judge Lyle E. Strom. (TCL )
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Filing
109
MEMORANDUM AND ORDER regarding plaintiff's MOTION to Compel discovery filing 79 . The parties shall meet and confer regarding a proposed protective order. The parties shall submit the proposed protective order to the Court no later than Fe bruary 4, 2013. No later than 10 days after the issuance of a protective order by the Court, defendants must produce a useable copy of the software program used to calculate compensation from driver log entries and a copy of the code that was com piled to create the usable software program. Defendants shall produce a privilege log covering all materials that they refuse to produce on the grounds of attorney client privilege or work product privilege if defendants would otherwise be required to produce such materials. The log may exclude attorney-client communications following the initiation of this litigation. Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
105
ORDER - The Court hereby adopts its provisional order of October 11, 2012 (Filing No. 83 ) as a permanent order. Plaintiffs' motion to certify the state-law class under case number 8:11CV401 filing 85 is stricken as being filed in the wrong case. Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
103
ORDER granting ( 91 ) Motion to Extend in case 8:11-cv-00401-LES-FG3; granting ( 12 ) Motion to Extend in case 8:12-cv-00307-LES-FG3 Planning Conference set for 12/7/2012 at 08:15 AM in Chambers before Senior Judge Lyle E. Strom. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
90
ORDER granting (89) Motion to Extend. Defendants shall have until October 29, 2012, to provide any response as provided for in the Court's previous order of October 11, 2012. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3. Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
83
MEMORANDUM AND ORDER - Case No. 8:12CV307 is consolidated with the present case. All pending motions in case No. 8:12CV307 are denied without prejudice. Plaintiffs' motion 67 for leave to file a second amended complaint is granted. Plaintiffs& #039; motion 52 for conditional class certification is granted. Defendant shall provide any response as provided for in this order by October 22, 2012. Member Cases: 8:11-cv-00401-LES-FG3, 8:12-cv-00307-LES-FG3. Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
72
ORDER - On or before October 9, 2012, parties shall show cause why the above-entitled action should not be consolidated with case number 8:12CV307. Show Cause Deadline set for 10/9/2012.Ordered by Senior Judge Lyle E. Strom. (GJG )
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Filing
71
ORDER - Defendants' motion, filing 70 is granted. Defendants' shall file their brief and index of evidence in opposition to plaintiffs' motion for leave to file a second amended complaint on or before September 28, 2012. Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
59
MEMORANDUM AND ORDER - Plaintiff's motion to compel (Filing No. 48 ) is granted in part. On or before July 31, 2012, defendants will provide to plaintiff the requested driving, time, and payroll records for the three opt-in plaintiffs. Defen dants' unopposed motion for extension of time (Filing No. 58 ) is granted. Defendants shall have until August 14, 2012, to respond to plaintiff's motion for conditional certification. Plaintiff shall have until August 28, 2012, to file a reply. If the Court deems it necessary, a hearing on class action status will be scheduled. Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
57
ORDER - After telephonic conference with counsel, It is ordered: Plaintiff's motion to modify the scheduling order (Filing No. 48 ) is granted. Plaintiffs motion to certify class and brief filed on June 29, 2012 (Filing Nos. 52 and 53 ) are deemed timely filed. Plaintiff's motion to compel discovery (also Filing No. 48 ) is deemed ready for ruling. Defendant shall have until July 31, 2012, to respond to plaintiff's motion to certify class. Plaintiff shall have until August 14, 2012, to file a reply. If the Court deems it necessary, a hearing on class action status will be scheduled. Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
55
ORDER - IT IS ORDERED that a telephone conference is scheduled for: Monday, July 9, 2012, at 9:30 a.m. before the undersigned. Counsel shall advise the Court of a telephone number where they can be reached. Ordered by Senior Judge Lyle E. Strom. (TCL )
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Filing
40
ORDER - Plaintiff shall file a motion to certify class action no later than June 14, 2012. Defendant shall have thirty days from the date of the motion to respond. Plaintiff shall have ten days to file a reply. If the Court deems it necessary, a hearing on class action status will be scheduled. Ordered by Senior Judge Lyle E. Strom. (GJG)
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Filing
39
ORDER - Scheduling Conference set for 2/22/2012 09:00 AM in Chambers before Senior Judge Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (TCL )
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Filing
36
ORDER - Defendants' motion for an extension of time to answer plaintiff's amended complaint is granted; defendants shall have until January 30, 2012, to answer or otherwise respond to plaintiffs' amended complaint. Defendants' motion for an extension of time to file a report of the parties' planning conference is granted; the parties shall have until February 6, 2012, to file a report of their planning conference. Ordered by Senior Judge Lyle E. Strom. (JAB)
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Filing
30
ORDER granting 29 Motion to Withdraw as Attorney. Sidney Steinberg and Kaitlin M. Piccolo, with the law firm of Post & Schell are deemed withdrawn as counsel of record for defendants. Ordered by Senior Judge Lyle E. Strom. (JAB)
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