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10-318 - Equal Employment Opportunity Commission v JBS USA


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10-318 - Equal Employment Opportunity Commission v JBS USA
December 22, 2010
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ORDER - The Motion to Intervene (Doc. 28) is granted. To maintain clarity of the record, the intervenor plaintiffs shall electronically file their "Intervenors' Complaint" as a separate document, and shall effect service, as appropriate, no later than January 25, 2011. Ordered by Magistrate Judge F.A. Gossett. (AOA)
January 14, 2011
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ORDER - The Defendant's Motion to Withdraw (Filing No. 45) is granted. The previously filed Index (Filing No. 36) is deemed withdrawn. For purposes of the clarity of the docket, the Defendant must refile its tendered Revised Index of Evidentiary Materials as an "Amended Index" within seven (7) days of this Order. Ordered by Judge Laurie Smith Camp. (AOA)
May 17, 2011
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ORDER - To the extent that Plaintiff EEOC's present motion (filing 79) seeks to strike Defendant's notice of supplemental authority relating to Doc. # 50, it is denied. Plaintiff EEOC's alternative request to file instanter the response set forth in its present motion (filing 79) is granted and the court hereby takes notice of the same. Ordered by Magistrate Judge F.A. Gossett. (AOA)
May 26, 2011
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ORDER - The parties' agreement regarding bifurcation of discovery and trial, as set forth in Filing 76-1 at CM/ECF pp. 1-7, is adopted and approved. The court will rule on the EEOC's motion to bifurcate (filing 38), but only for purposes of addressing the issue of how punitive damages should be handled in light of the bifurcation of this proceeding. Defendant's request for leave to submit supplemental briefing is denied. Defendant's unopposed motion for leave to file a sur-reply in opposition to bifurcation (filing 61) is denied as moot. Ordered by Magistrate Judge F.A. Gossett. (AOA)
August 1, 2011
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ORDER- Plaintiff-Intervenors' Unopposed motion to Amend to Add Additional Intervenors, filing 95 is granted. Yasin Ahmed, Yusuf Dulane and Abdirizaq Abdulle shall be allowed to join as intervenors in this case. Amended Complaint due by 8/3/2011. Upon the filing of Plaintiff-Intervenors' First Amended Complaint, the Clerk of Court is directed to modify the name of Plaintiff-Intervenor, Sutra Otad, to the Sugra Olad and; additionally, change the name of Plaintiff-Intervenor, Ambiya K. Roble, to Asli Abdille Abdullahi on the case caption. This change will be reflected on the Plaintiff-Intervenors' First Amended Complaint. As requested by Plaintiff-Intervenors, the Clerk of Court is further directed remove Amina Mohamed as a Plaintiff-Intervenor in this case. Ordered by Magistrate Judge F.A. Gossett. (GJG)
September 15, 2011
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STIPULATED PROTECTIVE ORDER - Ordered by Magistrate Judge F.A. Gossett. (AOA)
September 15, 2011
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ORDER - Briefs opposing Plaintiff's motion for protective order (filing 113) and the NEOC's motion to quash (filing 120) shall be submitted no later than September 22, 2011. Reply briefs must be submitted no later than September 26, 2011. Ordered by Magistrate Judge F.A. Gossett. (AOA)
November 1, 2011
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ORDER that Plaintiffs' Motion for Protective Order 136 is granted in part. Plaintiffs' Motion for Leave to Submit Additional Evidence in Support of their Motion for Protective Order 156 and Motion for Telephonic Oral Argument on Plaintiffs' Motion for Protective Order and Request for Expedited Consideration 160 are denied as moot. Ordered by Magistrate Judge F.A. Gossett. (JSF)
December 7, 2011
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ORDER granting 168 Motion for Protective Order. Defendant may not depose Ayan Aden, Mohamud Einab and Hodan Ibrahim during Phase I of this litigation. Ordered by Magistrate Judge F.A. Gossett. (ADB)
January 4, 2012
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MEMORANDUM AND ORDER overruling 178 Order on Appeal to Magistrate Judge Order. The Magistrate Judge's order 174 is affirmed. Ordered by Chief Judge Laurie Smith Camp. (ADB)
January 19, 2012
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ORDER granting in part 113 Motion for Protective Order. The Notice of Deposition addressed to the EEOC is limited as outlined in the order. The 120 Motion to Quash is granted in part. The Notice of Deposition addressed to the NEOC is limited as outlined in the order. Ordered by Magistrate Judge F.A. Gossett. (ADB)
January 30, 2012
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ORDER granting 195 Motion for Protective Order. Ordered by Magistrate Judge F.A. Gossett. (JSF)
March 23, 2012
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ORDER granting 201 the Parties' Joint Motion to Amend initial progression deadlines. The deadlines are amended as set out in the order. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
August 15, 2012
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ORDER for good cause shown in the 265 Motion to Extend, certain deadlines in the Court's Order Setting Final Schedule for Progression of Phase I Case (filing 228) are amended as follows: A. October 31, 2012: Completion of Wesley Batista deposition if such deposition is not barred by the Court; B. September 15, 2012: Completion of all other depositions; C. October 15, 2012: Filing of summary judgment motions; D. October 15, 2012: Filing of motions in limine regarding expert testimony. Ordered by Magistrate Judge F.A. Gossett. (ADB)
October 2, 2012
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ORDER granting in part 298 Motion to Extend. The parties shall file motions in limine challenging the admissibility of expert testimony by or before December 17, 2012. Ordered by Magistrate Judge F.A. Gossett. (ADB)
October 3, 2012
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ORDER denying 260 Motion to Strike Expert Witness for Failure to Disclose. Ordered by Magistrate Judge F.A. Gossett. (ADB)
October 5, 2012
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y Subpoena for Rima Kapitan (filing 233) is granted, in part, as set forth above. Ordered by Magistrate Judge F.A. Gossett. (AOA)ORDER - Plaintiff-Intervenors Farhan Abdi, et al., Motion for a Protective Order Barring Defendant from Taking Deposition of Former Counsel Rima Kapitan (filing 236) is denied. Plaintiff-Intervenors Farhan Abdi, et al., Motion to Quash or Modif
October 25, 2012
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SECOND AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF PHASE I CASE - granting 308 Motion to Extend. Deposition deadline set for 11/21/2012. Pretrial Conference set for 4/8/2013 at 10:00 AM in Chambers before Magistrate Judge F.A. Gossett. Jury Trial set for 5/7/2013 at 08:30 AM in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Ordered by Magistrate Judge F.A. Gossett. (ARL, )
October 29, 2012
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ORDER denying 289 Motion for Protective Order barring the deposition of Wesley Batista. Ordered by Magistrate Judge F.A. Gossett. (ADB)
November 9, 2012
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ORDER denying 315 Motion for Reconsideration. Ordered by Magistrate Judge F.A. Gossett. (ADB)
November 13, 2012
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ORDER granting 326 Plaintiff's Motion for Leave to File Supplemental Authority. The Court will consider the Plaintiff EEOCs Brief (Filing No. 327) and Index of Evidence (Filing No. 328) when ruling on Plaintiff EEOC's Statement of Objections to the September 28, 2012, Order of the Magistrate Judge Precluding Intervenors from Participating as Parties in Phase I (Filing No. 305). The Defendant JBS USA, LLC, may respond to Plaintiff's Supplemental Authority on or before November 21, 2012. Ordered by Chief Judge Laurie Smith Camp. (JAB)
November 26, 2012
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MEMORANDUM AND ORDER that the Plaintiff EEOC's objections to the September 28, 2012, Order of the Magistrate Judge Precluding Intervenors from Participating as Parties in Phase I 305 is overruled; and The Magistrate Judge's Order (Filing No. 296) is affirmed. Ordered by Chief Judge Laurie Smith Camp. (ADB, )
February 5, 2013
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ORDER denying 374 Motion to Strike. Ordered by Magistrate Judge F.A. Gossett. (ADB)
April 3, 2013
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ORDER granting 462 Motion to Withdraw Melvin Kennedy as Attorney as counsel of record for Plaintiff Equal Employment Opportunity Commission. The Clerk of Court shall terminate future notices to Mr. Kennedy in this matter. Ordered by Magistrate Judge F.A. Gossett. (ADB, )
April 9, 2013
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MEMORANDUM AND ORDER denying without prejudice 368 Motion in Limine; granting in part 371 Motion in Limine; granting 378 Motion in Limine; denying 383 Motion in Limine; denying as moot as to testimony of witness Kevin McCullough and otherwise denying without prejudice 391 Motion to Exclude; denying without prejudice 448 Motion in Limine. Ordered by Chief Judge Laurie Smith Camp. (ADB, )
April 12, 2013
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MEMORANDUM AND ORDER The Motion for Summary Judgment (Filing No. 342) filed by Defendant JBS USA, LLC f/k/a JBS Swift & Co., a/k/a Swift Beef Company (JBS) is granted in part and denied in part. The Motion for Partial Summary Judgment (Filing No. 343) Filed by Plaintiff Equal Employment Opportunity Commission, is denied. Ordered by Chief Judge Laurie Smith Camp. (RAS)
April 19, 2013
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STIPULATED ORDER granting 475 Stipulation regarding cost sharing for interpreting trial testimony during the phase I trial. Ordered by Chief Judge Laurie Smith Camp. (ADB)
April 19, 2013
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ORDER RE: TRIAL PREPARATION (CIVIL NON-JURY TRIAL). Ordered by Chief Judge Laurie Smith Camp. (JB)
April 24, 2013
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AMENDED ORDER ON FINAL PRETRIAL CONFERENCE FOR PHASE I - estimated length of trial is 14 days; Non-Jury Trial set for 5/7-31/2013 and will convene on Tuesday through Friday of each week in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Chief Judge Laurie Smith Camp. Ordered by Magistrate Judge F.A. Gossett. (ADB) Modified docket text on 4/24/2013 to reflect that trial is non-jury (ADB).
May 30, 2013
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ORDER granting 494 Motion to Withdraw Theodore A. Olsen as Attorney. The Clerk of Court shall terminate Mr. Olsen's appearance as counsel for Defendant JBS and shall terminate future notices to Mr. Olsen in this matter. Ordered by Magistrate Judge F.A. Gossett. (ADB)
January 27, 2014
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MEMORANDUM AND ORDER that the Motion for Certification of Final Judgment on Phase I Proceedings 531, filed by the Defendant JBS USA, LLC, is granted and the Court's Findings of Fact and Conclusions of Law 516 are certified as final judgment on Phase I, and appealable as of the date of this Memorandum and Order. The Motion to Clarify Regarding the Effect of the Court's October 11, 2013, Findings of Fact and Conclusions of Law on the Proceedings 517 filed by the plaintiff, Equal Employment Opportunity Commission, is denied as moot. The Motion for New Trial, to Amend its Findings of Fact and Conclusions of Law, and to Schedule Completion of Phase I Trial 524 filed by the plaintiff, Equal Employment Opportunity Commission, is denied. The Motion for Attorney Fees, Expert Witness Fees, and Related Nontaxable Expenses 518 filed by the Defendant JBS USA, LLC, is denied. A separate Judgment on Phase I Proceedings will be entered. Ordered by Chief Judge Laurie Smith Camp. (JSF)
January 27, 2014
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JUDGMENT - For the reasons stated in the accompanying Memorandum and Order entered this day 545, as well as the Court's Findings of Fact and Conclusions of Law 516 entered on 10/11/13, the Motion for Certification of Final Judgment on Phase I Proceedings 531, filed by the Defendant JBS USA, LLC, is granted. Judgment is entered in Phase I of this matter (as defined by the parties' bifurcation agreement at Filing No. 76-1) in favor of Defendant JBS USA, LLC f/k/a JBS Swift & Co. a/k/a Swift Beef Company, and against Plaintiff Equal Employment Opportunity Commission. Ordered by Chief Judge Laurie Smith Camp. (JSF)
May 23, 2014
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ORDER that Attorney Walter Siebert has a pending case in this court and has not paid the 2013/2014 Attorney Assessment. Within 30 days from the date of this order, Attorney Siebert is directed to pay the $20.00 fee or show cause why he is unable to do so. Show Cause Deadline set for 6/23/2014. Ordered by Chief Judge Laurie Smith Camp. (BMH)
May 29, 2014
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MEMORANDUM AND ORDER - The Motion for Stay Pending Appeal (Filing No. 553) filed by Defendant JBS USA, LLC, is granted; and Proceedings in this case will be stayed pending the outcome of the parties cross-appeals now pending before the United States Court of Appeals for the Eighth Circuit. Ordered by Chief Judge Laurie Smith Camp. (MKR)
June 3, 2014
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ORDER granting the 562 Motion to Withdraw as Attorney as to Barbara Seely. The Clerk of Court shall terminate Barbara Seely's appearance as counsel of record for the EEOC and shall terminate future notices to Ms. Seely in this matter. Ordered by Magistrate Judge F.A. Gossett. (MKR)
June 24, 2014
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ORDER that the stay entered in this case on May 29, 2014 559, is lifted. Ordered by Chief Judge Laurie Smith Camp. (JSF)
June 25, 2014
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ORDER regarding Bill of Costs,, 526 filed by JBS USA, LLC. The EEOC shall have fourteen (14) days from the date of this order to file a response to Defendant's request for the taxation of costs (absent a response the clerk will tax costs). Defendant shall have seven (7) days following the filing of a response to file a reply. Costs will be taxed in accordance with the courts Bill of Costs Handbook available on the courts Web site. Ordered by Deputy Clerk. (BHC)
August 18, 2014
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ORDER that the Planning Conference is continued to 10/14/2014 at 11:00 AM by conference call before Magistrate Judge F.A. Gossett. The response of Plaintiff EEOC to the Bill of Costs and the response of Plaintiffs to the Motion for Partial Summary Judgment are due no later than October 14, 2014. Ordered by Magistrate Judge F.A. Gossett. (JSF)
August 25, 2014
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ORDER denying the Plaintiffs' Joint575 Motion for Settlement Conference. Ordered by Magistrate Judge F.A. Gossett. (MKR)
November 19, 2014
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ORDER that by or before December 5, 2014, the parties shall meet and confer and jointly submit a revised Rule 26(f) report. Ordered by Magistrate Judge F.A. Gossett. (JSF)
January 16, 2015
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ORDER - IT IS ORDERED that the Firm's motions to withdraw as counsel (Filings 599 & 600) are denied without prejudice to reassertion. If appropriate, the Firm may file a renewed motion to withdraw (including evidentiary materials) under seal to support any such motion. Ordered by Magistrate Judge F.A. Gossett. (TCL)
January 28, 2015
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MEMORANDUM AND ORDER that the Motion for Partial Summary Judgment 569, filed by Defendant JBS USA, LLC f/k/a JBS Swift & Co., a/k/a Swift Beef Company ("JBS"), is granted in part, as follows: a. For purposes of Plaintiffs' Phase II claims, it is established that the requested accommodations of unscheduled prayer breaks and/or mass meal breaks imposed an undue burden on JBS; b. All Phase II claims alleging that JBS failed to provide reasonable religious accommodation under 42 U.S.C. § 2000e(j) are dismissed, with prejudice. The Motion for Partial Summary Judgment is otherwise denied, without prejudice to JBS's reassertion of its failure to conciliate arguments, after the United States Supreme Court issues its opinion in Mach Mining, LLC v. E.E.O.C., No. 13-2456, 134 S. Ct. 2872 (2014). The Motion to Dismiss 594 filed by Plaintiffs Sirad Adan, Fartun Warsame, Shukri Wais, Istar Said, Deeq Said, Mohamed Ali, Khadija Hassan, Fatuma Abdullahi, Hodan Abdulle, Burhan Yusuf, Mohamed Mohamed, Shamso Abshir, and Ahmed Dalmar, is granted, and their claims of hostile work environment and failure to provide religious accommodation are dismissed. The Motion to Dismiss 595 filed by Plaintiffs Yusuf Dulane, Amina Farah, and Maryan (Asha) Muse, is granted, and their claim of failure to provide religious accommodation is dismissed; and The Joint Stipulation 596 of JBS and Plaintiff Equal Employment Opportunity Commission (the "EEOC") is approved, and the EEOC's claims based on alleged denial of religious accommodations or hostile work environment, are dismissed. Ordered by Chief Judge Laurie Smith Camp. (JSF)
February 3, 2015
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ORDER granting 607 Motion to Withdraw as Attorney. The law firm of Vincent Powers & Associates (the "Firm") shall immediately mail copies of this Order, by certified mail, to the intervenors as listed in this order. Upon the filing of proof of service, the listed intervenors will be deemed to be proceeding pro se, that is, without the assistance of counsel, unless substitute counsel has entered a written appearance on their behalf. Upon the Firm's submission of proof of service as described in Paragraph 2 of this Order, the Clerk of Court shall terminate the Firm's appearance as counsel for the named intervenors. Ordered by Magistrate Judge F.A. Gossett. (JSF)
February 4, 2015
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ORDER that a planning conference is scheduled with the undersigned on March 6, 2015. By or before February 27, 2015, the parties shall provide the Court with a joint status report, detailing the impact, if any, that Judge Smith Camp's ruling will have on the progression of this case. Ordered by Magistrate Judge F.A. Gossett. (JSF)
March 9, 2015
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ORDER granting 633 Motion to Alter Dates. Plaintiffs shall disclose expert witnesses by May 15, 2015. Defendant shall disclose expert witnesses by June 15, 2015. Plaintiffs shall serve expert reports by June 15, 2015. Defendant shall serve expert reports by July 15, 2015. Rebuttal expert reports shall be served by August 1, 2015. Parties shall complete depositions of the selected claimants, as well as depositions of fact and expert witnesses, by August 14, 2015. Ordered by Magistrate Judge F.A. Gossett. (MKR)
March 26, 2015
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ORDER that if agreement is reached, the parties will, on or before April 10, 2015, file a joint proposal for plaintiffs' groupings and proposed case progression. If agreement is not reached, the parties will file their individual proposals for plaintiffs' groupings and proposed case progression on or before April 10, 2015. Ordered by Magistrate Judge F.A. Gossett. (JSF)
May 1, 2015
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ORDER adopting the Parties' Proposal for Groupings of Claimants and Case Progression 650. Claimants shall be divided into three groupings: Individuals whose employment ended prior to September 18, 2008, "Group A." Individuals whose employment ended as part of the "mass termination" on September 18 and/or 19, 2008, "Group B." Individuals whose employment ended after September 19, 2008, or who remained employed by JBS, "Group C." The Final Pretrial Conference with the undersigned is set for February 19, 2016, at 10:00 A.M., in chambers, 111 S. 18th Plaza, Suite 2210, Roman L. Hruska United States Courthouse, Omaha, Nebraska. This case is scheduled for an eight-day trial, commencing the week of March 15, 2016, before Chief District Court Judge Laurie Smith Camp. Ordered by Magistrate Judge F.A. Gossett. (MKR)
May 11, 2015
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MEMORANDUM AND ORDER that EEOC's Objection to JBS's Bill of Costs 579 is granted in part and denied in part. Costs are taxed against Plaintiff EEOC and in favor of Defendant JBS in the amount of $83,487.95 and are included in the judgment. Ordered by Chief Judge Laurie Smith Camp. (JSF)
May 12, 2015
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ORDER granting 669 Motion to Withdraw as Attorney. The Clerk of Court shall terminate Rebecca Stith's appearance as counsel for the EEOC and shall terminate future notices to her in this action. Ordered by Magistrate Judge F.A. Gossett. (JSF)
June 25, 2015
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ORDER that Plaintiff EEOC's Motion to Quash and for Protective Order Regarding Defendant's Subpoenas for Employment and Job Application Records of Abdiaziz Jama and Brief in Support 683 is granted, without prejudice to JBS USA re-filing the third-party subpoenas, along with their response to the issues raised by the EEOC in Plaintiff EEOC's Objections to Defendant's Subpoenas for Employment and Application Records of Abdiaziz Jama (683-6). Ordered by Magistrate Judge F.A. Gossett. (JSF)
July 17, 2015
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ORDER granting the Joint 699 Motion to Extend Deadlines relating to experts, discovery and dispositive motions. Defendant shall serve the expert report of Jory Laine and Plaintiffs shall serve the amended expert report of Sovan Tun by August 14, 2015. Rebuttal expert reports shall be served by August 31, 2015. Parties shall complete all depositions of fact and expert witnesses by September 30, 2015. Dispositive motions shall be filed by October 30, 2015. Other stipulations and Orders which are not in conflict with the provisions of this Order shall remain in effect and govern the progression of Phase II. Ordered by Magistrate Judge F.A. Gossett. (MKR)
July 24, 2015
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MEMORANDUM AND ORDER - The Motion for Judgment on the Pleadings (Filing No. 620) filed by Defendant JBS USA, LLC, is granted; The Motion to Dismiss for Failure to State a Claim (Filing No. 641) filed by Defendant JBS USA, LLC, is granted; On or before August 14, 2015, Plaintiffs EEOC and Intervenors shall file an amended Phase II complaint consistent with this Memorandum and Order; The Motion for Leave to File Third Amended Complaint Out of Time (Filing No. 705) is denied as moot; The Motion to Dismiss Pro Se Intervenors for Failure to Comply with Court Order (Filing No. 657) filed by Defendant JBS USA, LLC, is granted; and All remaining claims asserted by Plaintiffs-Intervenors Ifra Abdullahi, Abdiwali Adan, Abdulkadir Adan, Abdisalann Ahmed, Farhiya Ahmed, Leyla Ahmed, Abdirisaak Ali, Barlin Ali, Kaltun Ali, Mohamed Ali, Adbirahman Ali Diriye, Mohamed Elmi, Abdisamad Farah, Ayan Geedi, Sainab Gurhan, Abdulahi Hashi, Amina Hassan, Asha Hussein, Rahma Hussein, Amina Hussien, Habsa Ibrahim, Mustafa Jama, Ahmed Jibril, Faysal Mahamud, Abdi Mohamed, Ahmed Mohamed, Dhoofo Mohamed, Hawo Mohamed, Muna Mohamed, Naima Mohamed, Ayan Mohamud, Sahra Mohamud, Nimo Musse, Said Nuuh, Adbirizak Sahal, Hawo Sharif, Abdullahi Sheekh, Abdifatah Warsame, Abdulazia Warsame, Abdiaziz Yusuf, Ahmed Hassan Yusuf, Jama Yusuf, Maryan Yusuf, Maymun Yusuf, Fadumo Abdi and Halimo Abdullahi are dismissed with prejudice.Ordered by Chief Judge Laurie Smith Camp. (MKR)
July 28, 2015
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ORDER granting CAIR-Chicago leave to withdraw as counsel for the intervenors:708 set forth within the order. CAIR-Chicago shall immediately mail copies of this Order, by certified mail, to the above-referenced intervenors. CAIR-Chicago shall also provide said intervenors, by certified mail, a letter notifying them that it will no longer be representing them in this action, and detailing the overall status of this case. CAIR-Chicago shall transcribe these documents into Somali before sending them to any non-english speaking intervenor. CAIR-Chicago will not be relieved of applicable duties to the Court, those intervenors and opposing counsel until proof of service is filed showing compliance with this Order, and listing the names and addresses of the persons to whom the documents were sent. Upon the filing of proof of service pursuant to Paragraph 2 of this Order, the listed intervenors will be deemed to be proceeding pro se, that is, without the assistance of counsel, unless substitute counsel has entered a written appearance on their behalf. If substitute counsel has not entered a written appearance, each intervenor shall file a written notice with the Clerk of the Court of his/her current address and telephone number within fourteen business days of being served with this Order. Any intervenor may retain substitute counsel at any time, however, until such time as substitute counsel enters a written appearance, the intervenor shall comply with all orders of this Court, the Federal Rules of Civil Procedure, and the Local Rules of Practice. Failure to comply with these requirements may result in the imposition of sanctions, including payment of costs and attorney's fees and/or the entry of default. Upon CAIR-Chicagos submission of proof of service as described in Paragraph 2 of this Order, the Clerk of Court shall terminate its appearance as counsel for the named intervenors. Ordered by Magistrate Judge F.A. Gossett. (MKR)
August 17, 2015
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ORDER granting the 718 Joint Motion to Extend Expert Deadlines. Defendant shall serve the expert report of Jory Laine by August 31, 2015. Rebuttal expert reports shall be served by September 15, 2015. Ordered by Magistrate Judge F.A. Gossett. (MKR)
September 10, 2015
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ORDER granting 737 Nicholas Pladson's Motion to Withdraw as Attorney. The Clerk of Court shall terminate Mr. Pladson's appearance as counsel for the EEOC and shall terminate future notices to him in this matter. Ordered by Magistrate Judge F.A. Gossett. (JSF)
September 17, 2015
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ORDER that Defendant's Motion to Compel Answers to Interrogatories and Request for Sanctions 689 is granted, in part. Plaintiff/Intervenors shall supply verified responses to Defendant's interrogatories within 45 days of this Order. Failure to do so may result in the imposition of sanctions, including, but not limited to, dismissal of these Plaintiff/Intervenors' claims. CAIR-Chicago shall immediately mail copies of this Order, by certified mail, to the above-referenced Plaintiff/Intervenors at their last known addresses of record. Immediately thereafter, CAIR-Chicago shall file a certificate of service showing compliance with this Order. Ordered by Magistrate Judge F.A. Gossett. (JSF)
October 9, 2015
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ORDER granting he parties' Joint 755 Motion to Extend Deposition and Dispositive Motion Deadlines and Reset Trial Date. The Parties shall have until November 30, 2015 to complete depositions and dispositive motions must be filed by December 30, 2015. The Final Pretrial Conference with the undersigned is set for Monday, May 23, 2016 at 9:30 A.M., in chambers, 111 S. 18th Plaza, Suite 2210, Roman L. Hruska United States Courthouse, Omaha, Nebraska. Trial is scheduled to commence the week of June 21, 2016, before Chief District Court Judge Laurie Smith Camp. Ordered by Magistrate Judge F.A. Gossett. (MKR)
October 27, 2015
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e Judge F.A. Gossett. (JSF)ORDER granting 771 Attorney Rabya Kahn's Motion to Withdraw as Attorney. The Clerk shall terminate Rabya Kahn's appearance as counsel for these parties and shall terminate future notices to Rabya Kahn in this matter. Ordered by Magistrat
February 9, 2016
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REVISED PROGRESSION ORDER granting 806 Joint Motion to Revise Initial Progression of Phase II. The Final Pretrial Conference will be held before Magistrate Judge Gossett on August 22, 2016, at 10:00 a.m., in chambers, 111 S. 18th Plaza, Suite 2210, Roman L. Hruska United States Courthouse, Omaha, Nebraska. An eight day jury trial before Chief District Judge Laurie Smith Camp will commence on Tuesday, September 20, 2016, at 9:00 a.m. Ordered by Magistrate Judge F.A. Gossett. (JSF)
August 19, 2016
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MEMORANDUM AND ORDER - 1. The Motion for Partial Judgment on the Amended Phase II Pleadings (Filing No. 751), is granted in part, as follows: a. The EEOC may not assert claims on behalf of the following individuals: (1) Fadumo Abdi; (2) Ifra Abdullahi; (3) Abdiwali H. Adan; (4) Abdisalaan Ahmed; (5) Leyla Ahmed; (6) Kaltun Ali; (7) Rahma Hussein; (8) Fowsiya Ibrahim; (9) Mustafa Jama; (10) Ahmed Jibril; (11) Hawo Mohamed; (12) Muna Mohamed; (13) Sahra Mohamud; (14) Said Nuuh; (15) Abdifatah Warsame; (16) Abdiaziz Yusuf; (17) Ahmed Hassan Yusuf; (18) Maymun Yusuf; (19) Mohamud Einead; and (20) Ali Salah; b. The claims of Intervenors (1) Hodan Abdulle, (2) Shamso Abshir, (3) Astur Egal Nur, (4) Khadija Hassan, (5) Tufah Hassan (f/k/a Sahara Noor), (6) Khadro Osman, and (7) Deeq Said, arising under NFEPA, are dismissed, with prejudice; c. All claims asserted by First Intervenors (Abdi Mohamed, et al.) for discrimination on the basis of national origin under 42 U.S.C. § 1981, as alleged in Count II of their Third Amended Complaint, are dismissed, with prejudice; c. All claims asserted by First Intervenors (Abdi Mohamed, et al.) for discrimination on the basis of national origin under 42 U.S.C. § 1981, as alleged in Count II of their Third Amended Complaint, are dismissed, with prejudice; d. All claims asserted by First Intervenors (Abdi Mohamed, et al.) for discrimination on the basis of race, as alleged in Count III of their Third Amended Complaint, are dismissed, with prejudice; e. Intervenor Sirad Adan's claim for retaliation under Title VII and NFEPA, is dismissed, with prejudice; f. All claims asserted by Second Intervenors (Farhan Abdi, et al.) in their Second Amended Complaint for discrimination and retaliation on the basis of race under Title VII and § 1981 are dismissed, with prejudice; g. All claims asserted by Second Intervenors (Farhan Abdi, et al.) in Counts IV and V of the Second Amended Complaint, are dismissed, with prejudice; h. The Motion for Judgment on the Pleadings is otherwise denied; 2. The Motion to Dismiss Parties (Filing No. 781), is granted; 3. Any claims asserted by Intervenors (1) Asli Abdille Abdullahi a/k/a Ambiya K. Roble, (2) Said Adoow, (3) Noor Ahmed, (4) Ahmed Farah Ali, (5) Ayan Ali, (6) Rashid Yusuf Hundule, (7) Abdirisak Adan Abdulahi a/k/a Hussein Hussein, (8) Abdulkadir Jama, (9) Mohamed Jama, (10) Abdalle Hassan Mahamud, (11) Hanad Mohammed, (12) Yusuf Hassan Mohamud a/k/a Abdalle Ali Mohamud, (13) Astur Mur a/k/a Astur Nur, (14) Warsame Nur, (15) Ali Abdi Hakim Said, and (16) Abdulqani Yusuf, are dismissed, with prejudice; 4. The Motion for Summary Judgment (Filing No. 791) is granted; 5. The EEOC's claims on behalf of the Claimants for religious or national-origin discrimination, or retaliation, as alleged in Counts I, II, and III of the EEOC's Third Amended Complaint (Filing No. 723), are dismissed, with prejudice; and 6. The claims of Abshir, Noor and Wais asserted in Counts I, II, III, and IV of the Third Amended Complaint of the First Intervenors (Abdi Mohamed, et al.) (Filing No. 721), are dismissed, with prejudice. Ordered by Chief Judge Laurie Smith Camp. (GJG)
August 22, 2016
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ORDER - The jury trial before Chief Judge Laurie Smith Camp set to begin on September 20, 2016, is cancelled. A status conference will be held on Thursday, September 22, 2016, at 10:00 A.M. (Central Time). Counsel for EEOC will make the call arrangements for the conference participants. Ordered by Magistrate Judge F.A. Gossett. (GJG)
September 21, 2016
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Smith Camp. (JAB)MEMORANDUM AND ORDER - 1. The Motion for Additional Findings and to Amend Judgment, and for Entry of Final Judgment (Filing No. 864) filed by Defendant JBS USA, LLC, is granted; 2. All claims asserted by the EEOC and First Intervenors are dismissed, with prejudice; 3. A separate final, appealable judgment will be entered in favor of Defendant JBS USA, LLC and against Plaintiff Equal Employment Opportunity Commission and Plaintiff-Intervenors Abdi Mohamed, et al. Ordered by Chief Judge Laurie
September 21, 2016
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d, et al.Ordered by Chief Judge Laurie Smith Camp. (JAB)JUDGMENT - In accordance with the Court's Memorandum and Order of August 19, 2016 (Filing No. 861), and the accompanying Memorandum and Order (Filing No. 868), IT IS ORDERED:1. The Motion for Summary Judgment (Filing No. 791) is granted;2. The Motion for Additional Findings and to Amend Judgment, and for Entry of Final Judgment (Filing No. 864) filed by Defendant JBS USA, LLC, is granted;3. The EEOC's claims on behalf of all claimants asserted in the EEOC's Third Amended Complaint (Filing No. 723), are dismissed, with prejudice;4. The claims of the First Intervenors asserted in their Third Amended Complaint (Abdi Mohamed, et al.) (Filing No. 721), are dismissed, with prejudice; and 5. Judgment is entered in Phase II of this matter (as defined by the parties' bifurcation agreement a Filing No. 76-1) in favor of Defendant JBS USA, LLC and against Plaintiff Equal Employment Opportunity Commission and Plaintiff-Intervenors Abdi Mohame
November 15, 2016
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ORDER granting the 879 Motion to Withdraw as Counsel for Certain Farhan Abdi, et al. Plaintiff-Intervenors. Mr. Robertson shall immediately serve copies of this Order on (1) Bashir Abdi; (2) Ahmed Adam; (3) Mohamed Adan; (4) Mohamed Dhadin (Y(MKR)usuf Soldad); (5) Hassan Gabow; (6) Abdikhadar Hassan; (7) Mohamed Isman; (8) Musa Abdalla Mohamed; (9) Ayan Osman; and (10) Ali Shire, and thereafter file proof of service showing compliance with this Order, listing the name and address of the person to whom notice was sent. Mr. Robertson will not be relieved of applicable duties to the Court, the above-named plaintiff-intervenors, and opposing counsel until proof of service is filed. Upon the filing of proof of service pursuant to Paragraph 2 of this Order, the plaintiff-intervenors named in Paragraph 2 will be deemed to be proceeding pro se, that is, without the assistance of counsel, unless substitute counsel has entered a written appearance on her behalf. If substitute counsel has not entered a written appearance, the above-named plaintiff-intervenors shall each file a written notice with the Clerk of the Court of their current address and telephone number within five (5) business days of being served with this Order. The above-named plaintiff-intervenors may retain substitute counsel at any time. However, until such time as substitute counsel enters a written appearance, the plaintiff-intervenors shall comply with all orders of this Court, the Federal Rules of Civil Procedure, and the Local Rules of Practice. Failure to comply with these requirements may result in the imposition of sanctions, including payment of costs and attorney's fees and/or the entry of default. Upon Mr. Robertson's submission of proof of service as described in Paragraph 2 of this Order, the Clerk of Court shall terminate Mr. Robertson's appearance as counsel for the plaintiff-intervenors named in Paragraph 2. Ordered by Magistrate Judge F.A. Gossett.
November 17, 2016
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AMENDED ORDER - The Amended Motion to Withdraw as Counsel for Certain Farhan Abdi, et al. Plaintiff-Intervenors (Filing No. 881) is granted. Mr. Robertson shall immediately serve copies of this Order on (1) Faydero (Saynab) Abdirahman; (2) Sugule Ahmed; (3) Sahra Botan; (4) Mohamed Isak; (5) Omar Mohamed; (6) Hawa Mohamud; (7) Asha (Maryan) Muse; (8) Sugra Olad (Hodan Sirad); Abdirahman A. Yusuf; (10) Bashir Abdi; (11) Ahmed Adam; (12) Mohamed Adan; (13) Mohamed Dhadin (Yusuf Soldad); (14) Hassan Gabow; (15) Abdikhadar Hassan; (16) Mohamed Isman; (17) Musa Abdalla Mohamed; (18) Ayan Osman; and (19) Ali Shire, and thereafter file proof of service showing compliance with this Order, listing the name and address of the person to whom notice was sent. Mr. Robertson will not be relieved of applicable duties to the Court, the above-named plaintiff-intervenors, and opposing counsel until proof of service is filed. Upon the filing of proof of service pursuant to Paragraph 2 of this Order, the plaintiff-intervenors named in Paragraph 2 will be deemed to be proceeding pro se, that is, without the assistance of counsel, unless substitute counsel has entered a written appearance on her behalf. If substitute counsel has nof proof of service as described in Paragraph 2 of this Order, the Clerk of Court shall terminate Mr. Robertsons appearance as counsel for the plaintiff-intervenors named in Paragraph 2. Ordered by Magistrate Judge F.A. Gossett. (GJG, )t entered a written appearance, the above-named plaintiff-intervenors shall each file a written notice with the Clerk of the Court of their current address and telephone number within five (5) business days of being served with this Order. The above-named plaintiff-intervenors may retain substitute counsel at any time. However, until such time as substitute counsel enters a written appearance, the plaintiff-intervenors shall comply with all orders of this Court, the Federal Rules of Civil Procedure, and the Local Rules of Practice. Failure to comply with these requirements may result in the imposition of sanctions, including payment of costs and attorneys fees and/or the entry of default. Upon Mr. Robertson's submission o
February 6, 2017
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MEMORANDUM AND ORDER - The Motion to Dismiss Pro Se Intervenors for Failure to Comply with Court Orders, ECF No. 884, filed by Defendant JBS USA, LLC, is granted. All claims asserted by Faydero (Saynab) Abdirahman; Sugule Ahmed; Sahra Botan; Mohamed Isak (or Isak Mohamed); Omar Mohamed; Hawa Mohamud; Asha (Maryan) Muse; Hodan Sirad (Sugra Olad); Abdirahman A. Yusuf; Bashir Abdi; Ahmed Adam; Mohamed Adan; Mohamed Dhadin (Yusuf Soldad); Hassan Gabow; Abdikhadar (or Abdikhader) Hassan; Mohamed Isman; Musa Abdalla Mohamed; Ayan Osman; and Shire Abdirashid Ahmed (Ali Shire), are dismissed, with prejudice. Ordered by Chief Judge Laurie Smith Camp. (GJG)
March 1, 2017
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AMENDED ORDER FOR PROGRESSION OF CASE - The deadline for Plaintiffs' verified supplemental Rule 26(a)(1) disclosures, verified supplemental discovery responses, and responses for interrogatories and requests for production served January 22, 2017, is extended to March 2, 2017. The deadline for Fed. R. Civ. P. 26(a)(2) expert disclosures is extended to April 28, 2017. The deadline for rebuttal expert disclosures is extended to May 31, 2017. The deadline for completion of depositions is extended to June 15, 2017. The deadline for dispositive motions is extended to July 17, 2017. The planning conference remains scheduled for Friday, September 29, 2017, at 9:30 A.M. (CST) for the purpose of review and setting the case for trial. Plaintiffs' counsel shall initial the call. All requests for changes of deadlines established by this order shall be directed to the magistrate judge by appropriate motion. Ordered by Magistrate Judge F.A. Gossett. (GJG)
March 7, 2017
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ORDER - The Motion to Withdraw as Counsel for Certain Farhan Abdi, et al. Plaintiff-Intervenors (Filing No. 893 ) is granted. Upon CAIR-Chicago's submission of proof of service as described in Paragraph 2 of this Order, the Clerk of Court shall terminate Mr. Robertson and CAIR-Chicago's appearance as counsel for the plaintiff-intervenors named in Paragraph 2. Ordered by Magistrate Judge F.A. Gossett. (GJG)
April 27, 2017
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MEMORANDUM AND ORDER - The Motion to Dismiss Pro Se Intervenors for Failure to Comply with Court Orders, ECF No. 896, filed by Defendant JBS USA, LLC, is granted; The Motion to Withdraw, ECF No. 898, filed by Plaintiff Nimo Mohamed, is granted; All claims asserted by Farah M. Farah; Nimo Mohamed; Farhan Abdi; Rahma Mohamed Abdi; Abdirizaq Abdulle; Said Ali Ahmed; Yasin Ahmed; Yusuf Dulane; Amina Farah; Saynab Farah; Amina Gelle; Abdighani Muse; and Mukhtar Omar, are dismissed, with prejudice; and The Clerk of Court is directed to close this case. Ordered by Chief Judge Laurie Smith Camp. (MKR)