Baouch v. Werner Enterprises, Inc. et al

Plaintiff: Yassine Baouch
Defendant: Drivers Management, LLC and Werner Enterprises, Inc.
Case Number: 8:2012cv00408
Filed: November 27, 2012
Court: Nebraska District Court
Office: 8 Omaha Office
Presiding Judge: Lyle E. Strom
Referring Judge: F.A. Gossett
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28:1331 Fed. Question
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
August 17, 2016 373 Opinion or Order of the Court ORDER granting 365 Motion to Seal and 370 Motion to Seal. The documents referenced shall remain sealed pending further order of the Court. The parties may hereafter file documents as restricted or sealed, without the necessity of filing a separate motion, subject to the above terms. Ordered by Senior Judge Lyle E. Strom. (ADB)
August 2, 2016 359 Opinion or Order of the Court ORDER approving and adopting the 358 Stipulation. The parties shall have until August 15, 2016, to file reply briefs regarding both parties' motions for summary judgment and defendants' motion to decertify. Ordered by Senior Judge Lyle E. Strom. (MKR)
July 27, 2016 356 Opinion or Order of the Court ORDER - Motion 351 is granted. The document referred to in said motion shall remain sealed pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (GJG)
July 26, 2016 355 Opinion or Order of the Court ORDER - Motion 346 is granted. The document referred to in said motion shall remain sealed pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (GJG)
July 19, 2016 345 Opinion or Order of the Court ORDER - Motion 340 is granted. The documents referred to in said motion shall remain sealed pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (GJG)
July 15, 2016 344 Opinion or Order of the Court ORDER - The stipulation 333 is approved and adopted. The deadline for Daubert reply briefs as set forth in the stipulation is in effect as if fully set forth herein. Ordered by Senior Judge Lyle E. Strom. (GJG)
May 9, 2016 295 Opinion or Order of the Court ORDER granting 285 Motion to Extend. The parties shall have until June 14, 2016, to file Daubert motions challenging expert qualifications or testimony. Ordered by Senior Judge Lyle E. Strom. (JSF)
March 31, 2016 278 Opinion or Order of the Court ORDER granting 265 Motion to Compel. The plaintiffs shall produce the updated damage calculations no later than April 8, 2016. Ordered by Senior Judge Lyle E. Strom. (JSF)
March 30, 2016 275 Opinion or Order of the Court ORDER granting the defendants' motion for expedited briefing. The plaintiffs shall file an opposing brief to the motion to compel 265 by April 5, 2016. The defendants may file a reply brief no later than April 7, 2016. Ordered by Senior Judge Lyle E. Strom. (JSF)
November 12, 2015 252 Opinion or Order of the Court ORDER that the The defendants' motion (Filing No. 246 ) to extend the discovery deadline is granted. A progression schedule will be established at the planning conference. The defendants' motion (Filing No. 249 ) to deny plaintiffs' motion for summary judgment and permanent injunction without prejudice is granted. Plaintiffs' motion (Filing No. 236 ) for summary judgment and permanent injunction is denied without prejudice. A planning conference to establish a progression schedule shall be held in the chambers on November 20, 2015, at 9 a.m. Ordered by Senior Judge Lyle E. Strom. (JSF)
October 28, 2015 244 Opinion or Order of the Court ORDER granting 241 Motion to Amend. The clerk shall strike plaintiffs' brief at Filing No. 238; and Filing No. 242 is deemed plaintiffs' brief in support of their motion for summary judgment and permanent injunction. Ordered by Senior Judge Lyle E. Strom. (JSF)
August 21, 2015 232 Opinion or Order of the Court ORDER granting 231 Motion to Extend Defendants' expert deadline. Defendants shall have until September 24, 2015, to designate experts and serve expert reports. Plaintiffs shall have until October 26, 2015, to designate rebuttal experts and serve rebuttal expert reports. Ordered by Senior Judge Lyle E. Strom. (JSF)
July 13, 2015 227 Opinion or Order of the Court ORDER granting the defendants' 226 Unopposed MOTION to Extend Defendants' Expert Deadline. Defendants shall have until August 25, 2015, to designate experts and serve expert reports. Ordered by Senior Judge Lyle E. Strom. (MKR)
June 29, 2015 222 Opinion or Order of the Court ORDER that a ruling on the defendants' motion to dismiss with prejudice or to decertify the class, and motion for expedited briefing 215 is held in abeyance. The plaintiffs must provide the defendants with individual damage calculations and individual damage totals for each class member on or before July 15, 2015. Ordered by Senior Judge Lyle E. Strom. (JSF)
April 16, 2015 197 Opinion or Order of the Court ORDER granting 193 Motion to Seal. Exhibit 1-K shall remain sealed pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (JSF)
February 27, 2015 182 Opinion or Order of the Court ORDER denying 162 defendants' motion for protective order and sanctions; denying 165 plaintiffs' motion for sanctions; and denying 170 plaintiffs' motion to strike. Ordered by Senior Judge Lyle E. Strom. (JDR)
October 21, 2014 145 Opinion or Order of the Court ORDER granting the 144 Unopposed MOTION to Extend Mailing Date to October 28, 2014, filed by Bruce L. Marsha, Joseph Sablan Salas, Michael Egli, Adam Hoffman, James Myrick, William A. Hamilton, Wayne Darius Grant, Thomas A. Gillis, Dale Don Oshiro, Terri Lynn Thacker, Jack Dean Michael, Troy Edmund Townsend, Yassine Baouch, Scott Larrow, Adams Frank Akhalu, Claire Elizabeth Bodo, Christopher Clay Day, Joseph Dewayne Thomas, Steven Richard Milstead, Chad Ryan Basso, Aaron David Wing, R obert William Herrmann, Justin Burkholder, Timothy Leonardo Smith, Jatarveiyon Kevin Lee Ashley, Steven Wayne Doane, Radek Kohout, Steve N. Neely, John A. Phillips, Caroline Cecelia Busick, Marvin E. Rush, John Ray Minor, Brian Zeitz, David Allen Faykosh, Thomas Fisher, Danielle Marie Barney. Paragraph 2 of the Court's Octobeer 2, 2014, order is modified so that plaintiffs shall have until October 28, 2014, to mail the initial notice. Ordered by Senior Judge Lyle E. Strom. (MKR)
October 2, 2014 141 Opinion or Order of the Court ORDER approving and adopting the 139 Stipulation of the parties. The parties shall proceed with court-supervised notice as set forth in the stipulation, subject to all of the terms thereof as if fully set forth herein. Ordered by Senior Judge Lyle E. Strom. (MKR)
July 7, 2014 127 Opinion or Order of the Court ORDER that the defendants' motion 113 is granted; the plaintiffs' motion 102 is denied. The plaintiffs' motion 107 to amend its index of evidence is denied as moot. A planning conference to establish an amended progression schedule shall be held in the chambers of the undersigned on 7/21/014, at 9:00 a.m. in Room 3190, Roman L. Hruska United States Courthouse, 111 South18th Plaza, Omaha, Nebraska. Ordered by Senior Judge Lyle E. Strom. (JSF)
May 12, 2014 112 Opinion or Order of the Court SECOND MEMORANDUM AND ORDER NUNC PRO TUNC- Certification for class action on behalf of all drivers employed by the defendants and who were enrolled in the defendants' per diem program at any time since November 27, 2008, under Rule 23(b)(2) and (b)(3) is granted. Certification for class action on behalf of all drivers employed by the defendants and who were enrolled in the defendants' per diem program at any time since January 6, 2011, under the Fair Labor Standards Act is granted. The plaintiffs' motion for collective action certification under Rule 23(b)(2) and (b)(3) is granted. The Court appoints Justin Swidler and Richard Swartz, of Swartz Swidler L.L.C., as class counsel. Yassine Baouch, Scott Larrow, Steve Neel y, Jason Gunn, Jose Figueroa, Lance Edwards, Mark Sohmer, and Joseph Horton are appointed as representative plaintiffs. The Court's previous memorandum and order (FilingNo. 109 and memorandum and order nunc pro tunc (Filing No. 111 )shall be stricken as incomplete. Ordered by Senior Judge Lyle E. Strom. (MKR)
May 7, 2014 111 Opinion or Order of the Court MEMORANDUM AND ORDER NUNC PRO TUNC granting the plaintiffs' 70 Motion for conditional certification of this case as a collective action under the Fair Labor Standards Act, and Rule 23. Ordered by Senior Judge Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (MKR)
May 6, 2014 109 Opinion or Order of the Court MEMORANDUM AND ORDER granting 70 Motion for conditional certification of this case as a collective action under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. Ordered by Senior Judge Lyle E. Strom. (JSF)
May 5, 2014 108 Opinion or Order of the Court ORDER granting Motions to Seal 98 and 103 . The briefs and exhibits as delineated in the respective motions shall remain sealed pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (JSF)
April 23, 2014 97 Opinion or Order of the Court ORDER granting 96 Motion to Extend. Plaintiffs shall have until May 2, 2014, to file a reply brief to defendants' opposition to plaintiffs' motion for conditional certification and class certification. Ordered by Senior Judge Lyle E. Strom. (ADB)
April 16, 2014 95 Opinion or Order of the Court ORDER granting 93 Motion to Seal. Exhibit 2-G as referenced in defendants' motion shall remain sealed pending further order of the Court. Ordered by Senior Judge Lyle E. Strom. (JSF)
January 28, 2014 82 Opinion or Order of the Court ORDER granting 79 Motion to Extend. Defendants shall have until March 17, 2014, to complete class discovery. The deadline to respond to plaintiffs' motion for conditional and/or class certification is extended to April 15, 2014. Ordered by Senior Judge Lyle E. Strom. (JSF)
January 7, 2014 73 Opinion or Order of the Court MEMORANDUM AND ORDER granting the Plaintiff's 62 Motion to Compel. No later than January 30, 2014, defendants shall produce their Formal Protest to the IRS in response to the IRS's November, 2012, Notice of Proposed Adjustment for tax years 2009 and 2010 (and any exhibits or documents attached thereto). Ordered by Senior Judge Lyle E. Strom. (MKR)
November 13, 2013 67 Opinion or Order of the Court ORDER granting 66 Motion to Extend. Werner's deadline to complete class discovery is extended to January 28, 2014, and Werner's deadline to respond to plaintiffs' motion for conditional and/or class certification is extended to February 24, 2014. Ordered by Senior Judge Lyle E. Strom. (JSF)
September 19, 2013 60 Opinion or Order of the Court ORDER granting 54 Motion to Extend. The parties shall have until November 29, 2013, in which to complete discovery on class certification. The plaintiffs shall have until January 6, 2014, to file a motion for conditional certification and/or class certification. Ordered by Senior Judge Lyle E. Strom. (ADB, )
August 12, 2013 47 Opinion or Order of the Court ORDER granting 45 Motion to Extend to complete discovery on class certification. The parties shall have until October 29, 2013, in which to complete discovery on class certification. The plaintiffs shall have until December 3, 2013, to file a motion for conditional certification and/or class certification. Ordered by Senior Judge Lyle E. Strom. (MKR)
March 28, 2013 28 Opinion or Order of the Court ORDER - In accordance with the amended Rule 26(f) planning conference report (Filing No. 27 ) filed by the parties, IT IS ORDERED: Mandatory disclosures shall be made to the opposing party no later than April 16, 2013. Motions to amend pleadings shall be filed by May 31, 2013. Discovery limited to class certification shall be completed by August 30, 2013. Plaintiffs shall have until September 30, 2013, to file a motion for leave to proceed as a collective action and/or to certify a class. Ordered by Senior Judge Lyle E. Strom. (GJG)
March 8, 2013 22 Opinion or Order of the Court ORDER granting 20 Motion for Leave. Plaintiffs shall have until March 15, 2013, to file their amended complaint. Ordered by Senior Judge Lyle E. Strom. (ADB)
February 20, 2013 18 Opinion or Order of the Court ORDER - Scheduling Conference set for 3/29/2013 08:30 AM in Chambers before Senior Judge Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (TCL )
February 6, 2013 16 Opinion or Order of the Court ORDER granting 15 Motion to Extend time to file parties' report of Rule 26(f) planning conference. Rule 26 Meeting Report Deadline set for 2/14/2013. Ordered by Senior Judge Lyle E. Strom. (JSF)

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Plaintiff: Yassine Baouch
Represented By: Richard S. Swartz
Represented By: Justin L. Swidler
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Defendant: Drivers Management, LLC
Represented By: Patrick J. Barrett
Represented By: Elizabeth A. Culhane
Represented By: Joseph E. Jones
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Defendant: Werner Enterprises, Inc.
Represented By: Patrick J. Barrett
Represented By: Elizabeth A. Culhane
Represented By: Joseph E. Jones
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