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14-319 - Abarca, et al v. Werner Enterprises, Inc.


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14-319 - Abarca, et al v. Werner Enterprises, Inc.
September 8, 2014
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ORDER SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 11/28/2014. Initial Case Management Conference set for 12/4/2014 02:00 PM. Signed by Judge Phyllis J. Hamilton on 9/8/14. (nahS, COURT STAFF) (Filed on 9/8/2014)[Transferred from California Northern on 10/20/2014.]
October 6, 2014
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ORDER by Judge Hamilton granting 15 Motion to Transfer Case (pjhlc1, COURT STAFF) (Filed on 10/6/2014) [Transferred from California Northern on 10/20/2014.]
January 22, 2015
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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)
February 13, 2015
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STIPULATED PROTECTIVE ORDER granting 47 Stipulation for Protective Order. Ordered by Senior Judge Lyle E. Strom. (JSF)
February 18, 2015
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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. Discovery 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 February 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)
March 30, 2015
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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)
April 24, 2015
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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, )
September 9, 2015
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ORDER granting 65 Motion to Appoint Interim Class Counsel. Ordered by Senior Judge Lyle E. Strom. (MLF, )
September 16, 2015
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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)
October 8, 2015
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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)
October 14, 2015
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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 29, 2015
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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)
November 13, 2015
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MEMORANDUM AND ORDER denying 69 motion to compel responses to interrogatories and requests for production. Ordered by Senior Judge Lyle E. Strom. (JDR)
November 19, 2015
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MEMORANDUM AND ORDER granting 81 Motion to Consolidate Cases for purposes of discovery and trial. Ordered by Senior Judge Lyle E. Strom. (KLF)
November 20, 2015
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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)
January 4, 2016
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STIPULATED PROTECTIVE ORDER is granted 122. Ordered by Senior Judge Lyle E. Strom. (KLF)
January 12, 2016
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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. Plaintiffs 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 22, 2016
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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 "spreading" 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 documents 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)
October 28, 2016
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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' amendments 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 shaES-FG3. Ordered by Senior Judge Lyle E. Strom. (ADB)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. Defendants 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-L
December 29, 2016
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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 January 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)
February 28, 2018
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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 Court 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)
March 20, 2018
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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 Magistrate 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 following 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 before 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)
July 13, 2018
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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 continues 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)
September 12, 2018
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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)