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08-086 - Acosta et al v. Tyson Foods


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08-086 - Acosta et al v. Tyson Foods
August 8, 2008
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ORDER - The defendant's Motion to Stay Proceedings Pending a Decision by theJudicial Panel on Multidistrict Litigation (Filing No. 14) is granted. Counsel shall file a joint status report concerning the status of this case on September 30, 2008, and every 30 days thereafter, such report to include counsel's position(s) concerning whether the stay should continue in effect or whether the stay should be lifted. At any time, if the JPML denies the defendant's motion to transfer, the parties shall have ten (10) business days from the date an order is entered on the matter, in which to file a planning report with the court pursuant to Federal Rule of Civil Procedure26(f). Ordered by Magistrate Judge Thomas D. Thalken. (TCL)
October 9, 2008
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ORDER from the Multidistrict Litigation Panel - MDL No. 1986 - that the motion for transfer, pursuant to 28 U.S.C. ยง 1407, is denied. (TCL)
July 9, 2009
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ORDER adopting 40 Motion to Extend. The Court's Scheduling Order hereby is amended to extend the parties' deadline for discovery relating to class action certification until November 2, 2009, extend the plaintiffs' deadline to file a class action certification motion until November 12, 2009, extend the defendant's deadline to serve an opposition to the plaintiffs' class action certification motion until December 14, 2009, and extend the plaintiffs' deadline to file a reply supporting class action certification until December 31, 2009. A telephone conference with the undersigned magistrate judge and counsel will be held on December 18, 2009, at 1:30 p.m. to discuss the progression of the case. The plaintiffs' counsel shall initiate the telephone call. Ordered by Magistrate Judge Thomas D. Thalken. (TCL )
September 29, 2009
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ORDER granting 51 Joint Motion for Extension of Deadlines. The Court's orders hereby are amended to extend the parties' deadline for discovery relating to class action certification until February 1, 2010, extend Plaintiffs' deadline to file class action certification motion until March 15, 2010, extend Defendant's deadline to serve opposition to Plaintiffs' class action certification motion until April 13, 2010, and extend Plaintiffs' deadline to file reply briefs supporting class action certification motion until April 29, 2010. Ordered by Magistrate Judge Thomas D. Thalken. (MLF, )
December 21, 2009
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ORDER - This matter comes before the Court following a planning conference with counsel on December 18, 2009. Due to the volume of class certification discovery materials the parties requested an extension of the deadlines. For good cause shown, the request is granted.The Court's order (Filing No. 52) is amended to extend the parties' deadline for discovery relating to class action certification until April 7, 2010, extend Plaintiffs' deadline to file class action certification motion until April 27, 2010, extend Defendant's deadline to serve opposition to Plaintiffs' class action certification motion until June 6, 2010, and extend Plaintiffs' deadline to file reply briefs supporting class action certification motion until March 31, 2010.Ordered by Magistrate Judge Thomas D. Thalken. (TCL )
March 29, 2010
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PROTECTIVE ORDER- Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
April 8, 2010
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ORDER granting 57 Motion to Extend Deadlines. The court's order 53 is amended as follows: May 7, 2010: Deadline for Rule 30(b)(6) deposition;May 7, 2010: Deadline for discovery related to class action certification; May 27, 2010: Deadline for plaintiffs to file class certification motion; July 6, 2010: Deadline for defendant's opposition to motion; July 31, 2010: Deadline for plaintiffs' reply brief. Ordered by Magistrate Judge Thomas D. Thalken. (JAE)
May 10, 2010
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ORDER granting 59 Motion to Extend Deadlines Related to Rule 23 Certification Discovery and Motion Briefing; the court's order 58 is amended as follows: May 21, 2010: Deadline for Rule 30(b)(6) deposition; May 21, 2010: Deadline for discovery related to class action certification; June 10, 2010: Deadline for plaintiffs to file class certification motion; July 20, 2010: Deadline for defendant's opposition to motion August 14, 2010: Deadline for plaintiffs reply brief. Ordered by Magistrate Judge Thomas D. Thalken. (CJP)
December 8, 2010
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FINDINGS AND RECOMMENDATION that MOTION to Certify Class Pursuant to Federal Rule of Civil Procedure 2361 be granted. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
March 30, 2011
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. Ordered by Chief Judge Joseph F. Bataillon. (MKR)MEMORANDUM AND ORDER - Plaintiffs motion to certify the class, Filing No. 61, is granted; Defendants objections, Filing No. 72, are overruled; and The findings and recommendation of the magistrate judge, Filing No. 71, isadopted in its entirety
August 24, 2011
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ORDER TO SHOW CAUSE that on or before September 7, 2011, attorney Brian J. Lauria shall register for admission and for the System 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 Mr. Lauria being removed as counsel of record for the plaintiffs. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed) (JSF)
September 8, 2011
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ORDER - Brian J. Lauria is stricken as an attorney of record for the plaintiffs and shall not be noticed of events in this case. Ordered by Magistrate Judge Thomas D. Thalken. (JAE)
October 27, 2011
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AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE granting 91 Motion to Extend Deadlines. Jury Trial set to commence, at the courts call during the week of 11/13/2012 in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Joseph F. Bataillon. Final Pretrial Conference set for 10/15/2012 at 10:00 AM in Chambers before Magistrate Judge Thomas D. Thalken. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
November 23, 2011
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te Judge Thomas D. Thalken. Jury Trial set for 1/14/2013 at 09:00 AM in Courtroom 3, Roman L. Hruska Federal Courthouse, Omaha, NE before Chief Judge Joseph F. Bataillon. Ordered by Magistrate Judge Thomas D. Thalken. (JLS, ) Modified on 11/28/2011 to correct place of trial (JLS, ).AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE granting 93 parties' joint oral motion to extend deadlines. Deposition deadline set for June 8, 2012. Pretrial Conference set for 12/14/2012 at 10:00 AM in Chambers before Magistra
January 30, 2012
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ORDER granting in part and denying in part 98 Motion to Extend. The progression order 94 is hereby amended. The deadlines to serve the opposing party with the statements required by Fed. R. Civ. P. 26(a)(2) regarding each expert witness a party expects to call to testify at trial are extended. The plaintiffs shall have until February 10, 2012. The defendant shall have until March 16, 2012. Rebuttal expert disclosures may be made not later than April 6, 2012. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
June 28, 2012
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ORDER granting the Plaintiff's 108 Motion to Extend Time to Respond to Defendant's Discovery Requests. On or before July 6, 2012, the plaintiffs shall serve their responses to the defendant's discovery requests. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)
July 30, 2012
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ORDER granting 109 Motion to Compel and 113 Motion to Show Cause as set forth herein. On or before August 17, 2012, the plaintiffs shall serve responses or supplemental responses to the defendant's interrogatories and requests for production, without objection, or show cause why sanctions should not be imposed against them. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
September 18, 2012
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ORDER denying 132 Motion to Preserve Right to a Jury Trial. Trial remains set to commence, at the court's call, during the week of January 14, 2013, in Omaha, Nebraska, before the Honorable Joseph F. Bataillon. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
November 29, 2012
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ORDER overruling the Defendant's Objection to 183 Magistrate Judge's Order. The defendant's motion for an immediate ruling is denied as moot 187. Ordered by Judge Joseph F. Bataillon. (MKR)
December 14, 2012
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MEMORANDUM AND ORDER denying 117 Defendant's Motion for Summary Judgment; granting in part and denying in part 119 Plaintiffs' Motion for Summary Judgment; granting 180 Plaintiffs' Motion for Leave to File Declaration; granting 186 Defendant's Motion for Leave to File Surreply Brief. Ordered by Judge Joseph F. Bataillon. (SMS)
December 21, 2012
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MEMORANDUM AND ORDER - THEREFORE, IT IS ORDERED THAT the defendant's motions in limine (Filing Nos. 202, 205, 208, and 216) are denied without prejudice to reassertion at trial. Ordered by Judge Joseph F. Bataillon. (TCL )
December 21, 2012
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MEMORANDUM AND ORDER - IT IS ORDERED that the defendant's motion to dismiss (Filing No. 144) is denied. Ordered by Judge Joseph F. Bataillon. (TCL )
March 5, 2013
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ORDER ON JOINT STIPULATION 300- The parties' Joint stipulation regarding postponement of briefing regarding Plaintiffs' Motion for Fees and Expenses of the appeal in this case is granted. Ordered by Judge Joseph F. Bataillon. (MKR)
July 12, 2013
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MEMORANDUM AND ORDER - IT IS ORDERED: Tyson's Objection to Production of Pay and Punch Data for Employees Hired After Class Certification, Supplementation After the Close of Discovery, and Extension of the Damages Period (Filing No. 312) is overruled. Plaintiffs' Motion to Compel and to Extend Time for Submission of Updated Damages (Filing No. 313) is granted. Defendant shall produce payroll data for all "new hires" from September 25, 2011, through May 31, 2013, to plaintiffs within 30 days of the date of this order. Plaintiffs are granted 30 days thereafter in which to file an updated damages calculation. Defendants Emergency Motion for Clarification of Court's Directive of May 31, 2013 (Filing No. 314) is granted; the court's order dated May 31, 2013 (Filing No. 311) is clarified as set forth in this order. Ordered by Judge Joseph F. Bataillon. (TCL )
January 30, 2014
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MEMORANDUM AND ORDER on the plaintiffs' updated damages calculation 332 and the defendant's response thereto 333. The court finds the appropriate amount of compensatory damages in this case is $6,258,329.74. A judgment in accordance with that finding will issue this date. Ordered by Judge Joseph F. Bataillon. (MKR)
March 3, 2014
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MEMORANDUM AND ORDER denying the defendant's 337 "Motion to Amend the Court's Findings of Fact and Conclusions of Law or Make Additional Findings and Amend the Judgment Accordingly" 337. Ordered by Judge Joseph F. Bataillon. (MKR)
June 1, 2017
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h F. Bataillon. (ADB)ORDER TO DESTROY that Counsel for the defendant notified the court on June 1, 2017 that they wish the following exhibits held by the court in this matter to be destroyed:Defendant's Trial Exhibits from January 22-24 and 28-31, 2013. Pursuant NECivR 79.1(f) or NECrimR 55.1(g), if counsel fails to show cause why the exhibits should not be destroyed, the clerk's office is directed to destroy the above- listed exhibits 14 days from the date of this order. Ordered by Senior Judge Josep
June 2, 2017
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lon. (ADB)ORDER that Counsel for the plaintiff notified the court on June 2, 2017 that they wish the following exhibits held by the court in this matter to be destroyed: Plaintiff's Trial Exhibits from January 22-24 and 28-31, 2013. Pursuant NECivR 79.1(f) or NECrimR 55.1(g), if counsel fails to show cause why the exhibits should not be destroyed, the clerk's office is directed to destroy the above-listed exhibits 14 days from the date of this order. Ordered by Senior Judge Joseph F. Batail