Gomez et al v Tyson Foods

Filing 272

ORDER granting 270 JOINT STIPULATION Regarding Postponement of Briefing Regarding Plaintiffs' Motion for Fees and Expenses of the appeal in this case. Ordered by Judge Joseph F. Bataillon. (GJG)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA Jose A. Gomez, et al, Plaintiffs, v. Tyson Foods, Inc., Defendant. ) ) ) ) ) ) ) ) ) ) Case No: 8:08-cv-00021-JFB-TDT JOINT STIPULATION The parties respectfully submit for Court approval this Proposed Joint Stipulation regarding an agreement to postpone the submission and briefing of plaintiffs' petition for fees and expenses in this case in the event that either party appeals to the U.S. Court of Appeals for the Eighth Circuit. The terms and conditions of this Stipulation are the following: 1. Plaintiffs agree that their fee request will be based on rate information that would have been relevant to their fee petition had the parties not entered into this Stipulation, as opposed to rates at the time either party’s appeal is decided. Thus, Plaintiffs will not seek at a later date hourly rates higher than those applicable at the time their fee petition would have been due in the absence of this Stipulation; provided, however, that nothing in the Parties' Stipulation or this Order shall limit the rights of Plaintiffs to seek attorneys fees in Acosta v. Tyson Foods, Inc., No. 8:08-cv-00086-JFB-TDT (D. Neb.) or in Gomez v. Tyson Foods, Inc., No. 8:08-00021-JFB-TDT (D. Neb.) on a percentage of recovery basis or the rights of Defendant to oppose recovery on all grounds available at the time the stipulation is entered. Defendant reserves all of its arguments against Plaintiffs' fee petition. (For example, by way of example only, Defendant does not concede the appropriateness of "national market rates.") 2. Should the court decline to enter this stipulation, or act contrary to the stipulation at a later date, then the parties agree that the instant Stipulation will no longer be in force. Plaintiffs will then file their Reply Brief in Bouaphakeo et al., v. Tyson Foods, Inc. Civil No. 5:07-cv-04009 within ten (10) days of the Court’s order denying the proposed stipulation. 3. Plaintiffs agree to take all steps necessary to ensure that the judgment in this case is a final appealable judgment with respect to both liability and damages, notwithstanding the postponement of fee briefing. 4. Plaintiffs agree not to seek to alter the terms of this Stipulation or argue changed circumstances or non-applicability at a later date. Upon the foregoing. IT IS ORDERED that the parties’ Joint Stipulation Regarding Postponement 2 of Briefing Regarding Plaintiffs’ Motion for Fees and Expenses of the appeal in this case is GRANTED. DATED this 4th day of March, 2013. JOSEPH F. BATAILLON UNITED STATES DISTRICT JUDGE FOR THE DISTRICT COURT OF NEBRASKA 3 Respectfully submitted, PLAINTIFFS’ COUNSEL: Brian P. Mccafferty Kenney & McCafferty 1787 Sentry Park West Building 18, Suite 410 Blue Bell, PA 19422 (215) 367-4333 (215) 367-4335 Fax s/ Daniel Arciniegas Robert L. Wiggins, Jr. Candis A. McGowan Daniel Arciniegas WIGGINS, CHILDS, QUINN & PANTAZIS, LLC The Kress Building 301 19th Street North Birmingham, Alabama 35203 (205) 314-0500 (205) 254-1500 (facsimile) Michael Hamilton Provost Umphrey Law Firm, LLP 2021 Richard Jones Road, Suite 300 Nashville, TN 37215 (615) 242-0199 (615) 256-5922 (facsimile) Roger K. Doolittle 460 Briarwood Drive, Suite500 Jackson, MS 39206 (601) 957-9777 (601) 957-9779 (facsimile) Richard L Kaspari Metcalf, Kaspari, Engdahl & Lazarus, PA 2356 University Avenue West, #230 Saint Paul, MN 55414-1850, Minneapolis, MN 55416-1573 651/789-7799 651-789-9696 (facsimile) Kathryn M.Engdahl Metcalf, Kaspari, Engdahl & Lazarus, P.A. 333 Parkdale Plaza 1660 South Highway 100 Minneapolis, MN 55416-1573 (312) 239-0524 (800) 845-1962 (facsimile) Jay M. Smith Smith & McElwain Law Office 530 Frances Building, 505 Fifth Street P.O. Box 1194 Sioux City, Iowa 51102 4 DEFENDANT’S COUNSEL: s/Evangeline C. Paschal Evangeline C. Paschal Hunton & Williams, LLP 2200 Pennsylvania Ave., N.W, Washington, DC 20037 Michael J. Mueller Hunton & Williams LLP 2200 Pennsylvania Ave N.W. Washington, DC 20037 Allison Dana Balus Baird Holm, LLP 1500 Woodmen Tower Omaha, NE 68102 David J. Kramer Baird Holm LLP 1500 Woodmen Tower Omaha, NE 68102 Emily Burkhardt Vicente Emily L. Aldrich Hunton & Williams, LLP 550 South Hope Street Suite 2000 Los Angeles, CA 90071 Steven D. Davidson Baird Holm McEachen Pedersen Hamann & Strasheim 1500 Woodmen Tower Omaha, NE 68102 This 4th day of March, 2013. s/ Daniel Arciniegas 5

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