Cortez et al v. Nebraska Beef

Filing 301

ORDER granting exemption pursuant to Nebraska General Rule 1.6(k)to permit class members to enter the courthouse without valid photo ID.Member Cases: 8:08-cv-00090-JFB -TDT, 8:08-cv-00099-JFB -TDTOrdered by Chief Judge Joseph F. Bataillon. (copy to Court Security Officers)(ADB, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
FERMIN CORTEZ, et al.,
Plaintiffs,
and
DAVID CHUOL, et al.,
Plaintiffs,
vs.
NEBRASKA BEEF, LTD. and
NEBRASKA BEEF, INC.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 8:08-CV00090

Case No.: 8:08-CV00099
ORDER GRANTING EXEMPTION
PURSUANT TO NEBRASKA
GENERAL RULE 1.6(K) TO PERMIT
CLASS MEMBERS TO ENTER THE
COURTHOUSE WITHOUT “VALID
PHOTO ID”

ORDER
This parties and their attorneys of record appeared before the Court on April 11, 2011 at a
pretrial conference to establish trial details and to schedule and solidify trial deadlines. One
issue discussed at the pretrial conference was the process by which class members directly
involved in or otherwise attending the trial may enter the courthouse even if they lack the “valid
photo ID” required by Nebraska General Rule 1.6(b).
IT IS HEREBY ORDERED:
Nebraska General Rules 1.6(b) mandates that persons entering the United Stated District
Court for the District of Nebraska may be required to show a marshal or other United States
District Court security officers a valid photo ID to enter the courthouse. However, Nebraska
General Rule 1.6(k) permits an exemption from the requirement of Nebraska General Rule 1.6(b)
that presentation of a “valid photo ID” may be necessary to enter the courthouse.

1

To the extent that certain class members in the above-captioned matter, including named
Plaintiffs, may be called to testify as trial witnesses or will otherwise attend trial, but do not
possess the “valid photo ID” required by Nebraska General Rule 1.6(b), they will nonetheless be
permitted to enter the courthouse if they are escorted by Plaintiffs’ Counsel. A list of potential
trial witnesses, named Plaintiffs and those who may attend the trial, who may not have “valid
photo ID”, are attached hereto as Exhibit “A”.
The Court hereby orders that, pursuant to Nebraska General Rule 1.6(k), those class
members and named Plaintiffs lacking a “valid photo ID” are exempted from Nebraska General
Rule 1.6(b) and will be permitted to enter the courthouse, if they are escorted by one or more of
the following individuals:
Shanon J. Carson, Esq.
Carolyn H. Cottrell, Esq.
Philip A. Downey, Esq.
Sarah Schalman-Bergen, Esq.
Todd M. Schneider, Esq.
Michael D. Thomas, Esq.
Christopher P. Welsh, Esq.
James R. Welsh, Esq.
IT IS SO ORDERED this 15th day of April, 2011.

BY THE COURT
s/ Joseph F. Bataillon
United States Chief Judge

2

EXHIBIT “A”
List Of Potential Trial Witnesses, Named Plaintiffs And Those Who May Attend
The Trial, Who May Not Have “Valid Photo ID”

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.

Marcos Aguilera
Bonnie Albers
Jose Becerra
Floyd Brown
Norm Carr
David Chuol
Ron Cooper
Fermin Cortez
Ivan Duke
Michael Funkhauser
Jerome Green
Jose Guardardo
George Gulley
Perry James
David Jimenez
Jesus Jimenez
Lorenzo Jimenez
Javier Moreno Lopez
Jorge Contreras Lopez
Bryan McNeil
Franklin Menrad
Elias Munoz
Jaime Perez
Antonio Ramos
Mercedes Rivera
Ines Soltero
Ladell Thornton
Isaac Valencia
Dennis Wynne
Lilia Zaragoza