Russell v. Werner Enterprises, Inc.
Plaintiff: Antonia Russell
Defendant: Does 1-100 and Werner Enterprises, Inc.
Case Number: 8:2014cv00319
Filed: October 20, 2014
Court: US District Court for the District of Nebraska
Office: 8 Omaha Office
Presiding Judge: Lyle E. Strom
Presiding Judge: F.A. Gossett
Nature of Suit: Labor: Other
Cause of Action: 29:206 Collect Unpaid Wages
Jury Demanded By: Both

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
August 4, 2020 Opinion or Order Filing 295 ORDER - Defendants' Motion to Consolidate Pursuant to Fed. R. Civ. P. 42(a) (Filing No. 290 in the Lead case) is granted. The above-captioned cases are consolidated for all purposes. Case No. 8:14CV319 continues to be designated as the "L ead Case" and Case No. 8:20CV227 is designated as a "Member Case." The court's CM/ECF System has the capacity for "spreading" text among the consolidated cases. If properly docketed, the documents filed in the Lead Case will automatically be filed in the Member Case. The parties are instructed to file documents related to discovery (except those described in paragraph 5) in the Lead Case and to select the option "yes" in response to the System's quest ion whether to spread the text. The parties may not use the spread text feature to file complaints, amended complaints, and answers; to pay filing fees electronically using pay.gov; or to file items related to service of process. If a party believes an item in addition to those described in paragraph 4 should not be filed in all the consolidated cases, the party must move for permission to file the item in one or more member cases. The motion must be filed in all the consolidated cases using the spread text feature. The parties in Bryant v. Werner Enterprises, Inc. et al., Case No. 8:20CV227 shall comply with the amended case progression order dated July 23, 2020. (Filing No. 292 in the Lead Case). Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN, 8:17-cv-00145-JFB-MDNOrdered by Magistrate Judge Michael D. Nelson. (LKO)
July 23, 2020 Opinion or Order Filing 292 AMENDED CASE PROGRESSION ORDER - that the Parties' Stipulation to Extend Discovery and Motion Deadlines (Filing No. 291 ) is granted and the case progression order is amended as follows: The non-expert witness deposition deadline is January 29, 2021. The expert witness deposition deadline is August 16, 2021. Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN, 8:17-cv-00145-JFB-MDNOrdered by Magistrate Judge Michael D. Nelson. (LKO)
February 26, 2020 Opinion or Order Filing 276 MEMORANDUM AND ORDER - that the defendant's motions for summary judgment (Filing No. 243 in 8:14CV319; Filing No. 149 in 8:15CV287; and Filing No. 112 in 8:17cv145) are denied without prejudice to reassertion. Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN, 8:17-cv-00145-JFB-MDN Ordered by Senior Judge Joseph F. Bataillon. (LKO)
December 9, 2019 Opinion or Order Filing 269 ORDER - IT IS ORDERED: William D. Turely is stricken as an attorney of record for the Plaintiffs. Said attorney may apply to be readmitted as an attorney of record only after paying the 2019/2020 attorney assessment fee, as required by NEGenR 1.7(h). Ordered by Magistrate Judge Michael D. Nelson. (TCL)
November 22, 2019 Opinion or Order Filing 268 ORDER TO SHOW CAUSE - On or before December 5, 2019, attorney William D. Turley shall pay the assessment or show cause by written affidavit why he cannot comply with the rules of the Court. Failure to comply with this order will result in the Court removing William D. Turley as counsel of record for the Plaintiff. Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN Ordered by Magistrate Judge Michael D. Nelson. (KLF)
May 1, 2019 Opinion or Order Filing 241 FIRST AMENDED STIPULATED PROTECTIVE ORDER - that the Joint Motion for First Amended Stipulated Protective Order (Filing No. 240 in the Lead Case, et al) is granted. Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN, 8:17-cv-00145-JFB-MDN Ordered by Magistrate Judge Michael D. Nelson. (KLF)
March 14, 2019 Opinion or Order Filing 235 ORDER - Defendants shall produce the deposition transcripts requested by the Vester opt-out plaintiffs, subject to an appropriate protective order. With respect to the Vester plaintiffs' request for documents, the Court finds class plaintif fs' counsel suggestion is a suitable resolution. Defendants shall provide the Vester plaintiffs with Defendants' responses to requests for production of documents in the Abarca/Smith actions so that the Vester plaintiffs can identify rel evant document requests by number and identify the documents responsive to those requests by Bates number, and request production of those documents from Defendants. Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN, 8:17-cv-00145-JFB-MDNOrdered by Magistrate Judge Michael D. Nelson. (LAC)
December 10, 2018 Opinion or Order Filing 220 ORDER - Defendants' Motion for Leave to Amend Answer (Filing No. 214 in the Lead Case) is granted. Defendants shall file their proposed Amended Answer (Filing No. 214 -1) in the Lead Case on or before December 21, 2018. Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN, 8:17-cv-00145-JFB-MDN Ordered by Magistrate Judge Michael D. Nelson. (KLF)
September 12, 2018 Opinion or Order Filing 212 SO ORDERED regarding (208) Stipulation in case 8:14-cv-00319-JFB-MDN and (115) Stipulation in case 8:15-cv-00287-JFB-MDN. Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN Ordered by Senior Judge Joseph F. Bataillon. (ADB)
July 13, 2018 Opinion or Order Filing 204 ORDER granting (202) Motion to Consolidate Cases in case 8:14-cv-00319-JFB-MDN; granting (109) Motion to Consolidate Cases in case 8:15-cv-00287-JFB-MDN; granting (74) Motion to Consolidate Cases in case 8:17-cv-00145-JFB-MDN. Case No. 8:14cv319 con tinues to be designated as the Lead Case. The Court's CM/ECF System has the capacity for "spreading" text among the consolidated cases. Parties are instructed to file documents related to discovery in the Lead Case and select the option "yes" in response to the System's question whether to spread text. Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN, 8:17-cv-00145-JFB-MDN.Ordered by Magistrate Judge Michael D. Nelson. (CCB)
March 20, 2018 Opinion or Order Filing 190 MEMORANDUM AND ORDER: The objections filed by defendants Werner Enterprises, Inc. and Drivers Management, LLC (Filing No. 188 in 8:14CV319 and Filing No. 93 in 8:15CV287) are overruled. The Findings and Recommendation of the United States Magist rate Judge (Filing No. 186 in 8:14CV319 and Filing No. 91 in 8:15CV287) is adopted in its entirety. The plaintiffs' renewed motions for class certification (Filing No. 166 in 8:14CV319 and Filing No. 71 in 8:15CV287) are granted. The follow ing classes are certified: a. All truck drivers who were or are California residents and who, while working for Werner, picked up and/or dropped off a load in the state of California after the completion of training at any time since four years befor e the filing of this legal action until such time as there is a final disposition of this lawsuit ("the California Class"). b. All truck drivers who worked or work anywhere for Werner after the completion of training at any time since four years before the filing of this legal action until such time as there is a final disposition of this lawsuit ("the Nebraska Class"). Ezequiel Olivares Abarca, Alfredo Alesna Jr., David Cagle, Stephen L. Davis, Frank Eads, William Smith , and Kenneth J. Surman are appointed as the class representatives. Justin L. Swidler and Richard S. Swartz of Swartz Swidler LLC; James M. Sitkin of Law Offices of James M. Sitkin; David A. Borgen, Laura L. Ho, and Raymond A. Wendell of Goldstein, Borgen, Dardarian & Ho; and William D. Turley, David T. Mara, and Jamie Serb of the Turley Law Firm are appointed as Class Counsel. Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN Ordered by Senior Judge Joseph F. Bataillon. (ADB)
February 28, 2018 Opinion or Order Filing 186 FINDINGS AND RECOMMENDATION and ORDER - It is recommended to Senior Judge Joseph F. Bataillon that Plaintiffs' Renewed Motion for Class Certification (Filing No. 166 in Case No. 8:14cv319; Filing No. 71 in Case No. 8:15cv287) be granted; The Cou rt certify the alternative California Class limited to California residents; The Court certify the Nebraska Class; The Court appoint the named Plaintiffs in Case No. 8:14CV319 as the class representatives; and The Court appoint Swartz Swidler LLC (by Justin Swidler, and Richard Swartz), Law Offices of James M. Sitkin (by James M. Sitkin), Goldstein, Borgen, Dardarian & Ho (by David Borgen, James Kan, and Raymond Wendell), and the Turley Law Offices (by William Turley, David Mara, and Jamie Serb) as Class Counsel. It is ORDERED that Defendants' Motion to Strike Plaintiffs' Exhibits Offered in Support of Plaintiffs Renewed Motion for Class Certification (Filing No. 175 in Case No. 8:14cv319; Filing No. 80 in Case No. 8:15cv287) is denied. Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDNOrdered by Magistrate Judge Michael D. Nelson. (SLP)
December 29, 2016 Opinion or Order Filing 159 MEMORANDUM AND ORDER - Defendants' motion to strike 152 is granted. Plaintiffs shall re-file the fourth amended complaint after striking the last sentence of paragraph 8, paragraphs 9-10, and exhibit 1 from the fourth amended complaint by Janu ary 6, 2017. Plaintiffs are required to re-file a motion for class certification before the Court will determine the merits of such a motion. Plaintiffs are prohibited from making any other change to the complaint without leave of Court. Member Cases: 8:14-cv-00319-LES-FG3, 8:15-cv-00287-LES-FG3 Ordered by Senior Judge Lyle E. Strom. (KLF)
October 28, 2016 Opinion or Order Filing 150 ORDER: Plaintiffs' motion for class certification is deniedwithout prejudice as to both the California and Nebraska Classes 135 in 8:14cv319 and 48 in 8:15cv287. Plaintiffs are granted leave to amend their complaint. Plaintiffs' amendm ents to the third amended complaint shall be limited to only attempting to provide the Court with an adequately defined and clearly ascertainable definition for the California Class. Plaintiffs' amendments to the third amended complaint sha ll not substantively alter the current complaint in any other way; including, but not limited to, adding additional claims, parties, classes, and/or causes of action. Plaintiffs' fourth amended complaint shall be filed by November 9, 2016. De fendants shall have fourteen days after the filing of the fourth amended complaint to file an answer. Defendants' motion for leave to submit additional authority is denied as moot 146 in case 8:14-cv-00319 and 59 in case 8:15-cv-00287-LES-FG3. Ordered by Senior Judge Lyle E. Strom. (ADB)
January 22, 2016 Opinion or Order Filing 131 ORDER - The above two cases having been consolidated, IT IS ORDERED: Case No. 8:14CV319 is deemed the Lead Case. Case No. 8:15CV287 is designated as the "Member Case." The Court's CM/ECF System now has the capacity for "spr eading" text among consolidated cases. If properly docketed,the documents filed in the Lead Case will automatically be filed in a Member Case. To this end, the parties are instructed to file in the Lead Case, No. 8:14CV319, all further document s except those described in Paragraph 3 and to select the option "yes" in response to the System's question whether to spread the text. The parties may not use the spread text feature to file complaints, amended complaints, and answers ; to pay filing fees electronically using pay.gov; or to file items related to service of process. If a party believes that an item in addition to those described in paragraph 3 should not be filed in all the consolidated cases, the party must move for permission to file the item in one or more individual member cases. The motion must be filed in all the consolidated cases using the spread text feature. Ordered by Senior Judge Lyle E. Strom. (TCL)
January 12, 2016 Opinion or Order Filing 125 ORDER granting Joint Stipulation to Extend Scheduling Order Deadlines 124 . Mandatory disclosures shall be made to the opposing party no later than January 15, 2016. Discovery limited to class certification shall be completed by March 1, 2016. Plai ntiffs shall have until April 1, 2016, to file a motion to certify a class. Defendants will file a response to plaintiffs' motion for class certification by April 27, 2016. Plaintiffs shall have until May 19, 2016, to file a reply to defendant's response. Ordered by Senior Judge Lyle E. Strom. (KLF)
January 4, 2016 Opinion or Order Filing 123 STIPULATED PROTECTIVE ORDER is granted 122 . Ordered by Senior Judge Lyle E. Strom. (KLF)
November 20, 2015 Opinion or Order Filing 120 MEMORANDUM AND ORDER that plaintiffs' motion Filing Number 95 to appoint lead plaintiffs and lead counsel is denied. Ordered by Senior Judge Lyle E. Strom. (KLF)
November 19, 2015 Opinion or Order Filing 119 MEMORANDUM AND ORDER granting 81 Motion to Consolidate Cases for purposes of discovery and trial. Ordered by Senior Judge Lyle E. Strom. (KLF)
November 13, 2015 Opinion or Order Filing 118 MEMORANDUM AND ORDER denying 69 motion to compel responses to interrogatories and requests for production. Ordered by Senior Judge Lyle E. Strom. (JDR)
October 29, 2015 Opinion or Order Filing 115 MEMORANDUM AND ORDER - IT IS ORDERED: Plaintiffs' motion to compel deposition appearances is denied. Further discovery shall be stayed pending resolution of the plaintiffs' motion to compel responses to interrogatories and requests for production (Filing No. 69 ) and defendants' motion to consolidate (Filing No. 81 ). Defendants' motion for protective order is denied as moot at this time. Ordered by Senior Judge Lyle E. Strom. (TCL)
October 14, 2015 Opinion or Order Filing 104 ORDER granting 86 Motion to Strike. The clerk of court shall strike the incomplete document 84 . Ordered by Senior Judge Lyle E. Strom. (MLF, )
October 8, 2015 Opinion or Order Filing 93 ORDER granting 91 Motion for Expedited Briefing. Defendants shall have until October 13, 2015, to respond. Plaintiffs shall have until October 20, 2015, to file a reply. Ordered by Senior Judge Lyle E. Strom. (KLF)
September 16, 2015 Opinion or Order Filing 79 ORDER granting 76 Plaintiff's Motion for Leave to File Third Amended Complaint. Plaintiffs shall file their third amended complaint on or before September 25, 2015. Ordered by Senior Judge Lyle E. Strom. (JSF)
September 9, 2015 Opinion or Order Filing 73 ORDER granting 65 Motion to Appoint Interim Class Counsel. Ordered by Senior Judge Lyle E. Strom. (MLF, )
April 24, 2015 Opinion or Order Filing 55 ORDER approving and adopting 54 Joint Stipulation. Antonia Russell is dismissed as a plaintiff in this action. Ordered by Senior Judge Lyle E. Strom. (MLF, )
March 30, 2015 Opinion or Order Filing 51 ORDER approving and adopting in part 50 Stipulation for leave to file a second amended complaint. A separate second amended complaint shall be filed on or before April 6, 2015. Defendants' response to the second amended complaint shall be filed within twenty days after the filing of the amended complaint. Ordered by Senior Judge Lyle E. Strom. (JSF)
February 18, 2015 Opinion or Order Filing 49 ORDER- In accordance with the Rule 26(f) planning conference report 45 filed by the parties: Mandatory disclosures shall be made to the opposing party no later than April 27, 2015. Motions to amend pleadings shall be filed by March 27, 2015. D iscovery limited to class certification shall be completed by November 16, 2015. Plaintiff shall have until January 15, 2016, to file a motion to certify a class. Defendant will file a response to plaintiffs motion for class certification by Febr uary 15, 2016. Plaintiff shall have until March 8, 2016, to file a reply to defendants response. Experts and expert reports on class certification for affirmative testimony shall be served by July 1, 2015. Expert and expert reports for rebuttal testimony shall be served by August 14, 2015. Expert and expert reports for reply testimony shall be served by September 1, 2015. Daubert motions for class certification are due on November 16, 2015. Ordered by Senior Judge Lyle E. Strom. (MKR)
February 13, 2015 Opinion or Order Filing 48 STIPULATED PROTECTIVE ORDER granting 47 Stipulation for Protective Order. Ordered by Senior Judge Lyle E. Strom. (JSF)
January 22, 2015 Opinion or Order Filing 46 ORDER that a scheduling conference with the undersigned will be held on: Friday, February 13, 2015, at 10:30 a.m. in Suite 3190, Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, OMAHA, Nebraska, to establish a final progression order for this case. The parties may participate by telephone by notifying Judge Strom's office prior to said date. Ordered by Senior Judge Lyle E. Strom. (MKR)
Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Nebraska District Court's Electronic Court Filings (ECF) System

Search for this case: Russell v. Werner Enterprises, Inc.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Does 1-100
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Werner Enterprises, Inc.
Represented By: Alison J. Cubre
Represented By: Elizabeth A. Culhane
Represented By: Kathryn A. Dittrick
Represented By: Joseph E. Jones
Represented By: John K. Lilly
Represented By: Damon M. Ott
Represented By: Richard H. Rahm
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Antonia Russell
Represented By: David A. Borgen
Represented By: Laura L. Ho
Represented By: James M. Sitkin
Represented By: Raymond A. Wendell
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?