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15-287 - Smith v. Werner Enterprises, Inc.


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15-287 - Smith v. Werner Enterprises, Inc.
June 29, 2015
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ORDER REFERRING MATTER FOR RELATED CASE DETERMINATION. Signed by Judge Richard Seeborg on 6/29/15. (cl, COURT STAFF) (Filed on 6/29/2015) [Transferred from California Northern on 8/3/2015.]
August 6, 2015
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ORDER - The motion 26 is granted. Joseph E. Jones, Kathryn A. Dittrick, and Elizabeth A. Culhane with the law firm of Fraser Stryker PC LLO are substituted as counsel of record for defendant Werner Enterprises, Inc. John K. Lilly, Scott Lidman and Ian Mahler with the law firm of Littler, Mendelson, P.C., are granted leave to withdraw as counsel for Werner. The clerk of court shall remove the names of John K. Lilly, Scott Lidman and Ian Mahler from CM/ECF. Ordered by Senior Judge Lyle E. Strom. (GJG)
October 16, 2015
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ORDER - Motion 33 is granted. The parties shall have until November 30, 2015, to file their planning conference report. Ordered by Senior Judge Lyle E. Strom. (GJG)
November 19, 2015
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MEMORANDUM AND ORDER granting 32 Motion to Consolidate Cases for purposes of discovery and trial. Ordered by Senior Judge Lyle E. Strom. (KLF)
January 4, 2016
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STIPULATED PROTECTIVE ORDER is granted 37. Ordered by Senior Judge Lyle E. Strom. (KLF)
January 12, 2016
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ORDER granting Joint Stipulation to Extend Scheduling Order Deadlines 39. 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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ES-FG3. Ordered by Senior Judge Lyle E. Strom. (ADB)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 shall 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)