Morales et al v. Farmland Foods

Filing 151

ORDER granting 150 the parties Joint Motion for Extension of Time regarding briefign schedule for all dispositive motions and for certain discovery. The court's scheduling Order is amended as set forth within the order. On or before August 2, 2010, Plaintiffs will file their response in opposition to Defendant's Motion for Partial Summary Judgment "Swiping In," "Being Checked," Walking, Waiting, Straight Knives, "Draw Knives," Hooks, And Other Light Tool s (Filing No. 133 ); On or before August 2, 2010, Plaintiffs will file their response in oppositionto Defendant's Motion for Partial Summary Judgment Non-Unique Items (Filing No. 141 ); On or before August 2, 2010, Plaintiffs will file their o wn dispositive motions, if any; On or before August 11, 2010, Plaintiffs will file their response in opposition to Defendant's Motion for Partial Summary Judgment Regarding Class Plaintiffs Who Do Not Fit Within The Class Definition (Filing No. 139 ); On or before August 31, 2010, Plaintiffs will file their response in opposition to Defendant's Motion for Partial Summary Judgment Dismissing With Prejudice All Claims Barred By The Statute Of Limitations (Filing No. 137 ). On or before September 28, 2010, Defendant will file its reply briefs in support of its Motion for Partial Summary Judgment "Swiping In," "Being Checked," Walking, Waiting, Straight Knives, "Draw Knives," Hooks, And Other Light Tool s (Filing No. 133 ), its Motion for Partial Summary Judgment Non-Unique Items (Filing No. 141 ), andits Motion for Partial Summary Judgment Regarding Class Plaintiffs Who Do Not Fit WithinThe Class Definition (Filing No. 139 ); On or before October 14, 2010, Defendant will file its reply brief in support of its Motion for Partial Summary Judgment Dismissing With Prejudice All Claims Barred By The Statute Of Limitations (Filing No. 137 ); Ordered by Magistrate Judge Thomas D. Thalken. (MKR)

-TDT Morales et al v. Farmland Foods

Doc. 151

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA MARIA GUZMAN MORALES and MAURICIO GUAJARDO on behalf of themselves and all others similarly situated, Plaintiffs, vs. FARMLAND FOODS, INC., Defendant. ) ) ) ) ) ) ) ) ) ) ) )

8:08CV504

ORDER

This matter is before the Court on the parties' Joint Motion for Extension of Time Regarding Briefing Schedule for All Dispositive Motions and for Certain Discovery (Filing No. 150). The Court has examined the Motion and, being fully advised, finds that the requested Order should be entered. The parties' Joint Motion for Extension of Time Regarding Briefing Schedule for All Dispositive Motions and for Certain Discovery is granted. The Court's Scheduling Order is hereby amended as follows: a. On or before August 2, 2010, Plaintiffs will file their response in opposition

to Defendant's Motion for Partial Summary Judgment ­ "Swiping In," "Being Checked," W alking, Waiting, Straight Knives, "Draw Knives," Hooks, And Other Light Tools (Filing No. 133); b. On or before August 2, 2010, Plaintiffs will file their response in opposition

to Defendant's Motion for Partial Summary Judgment ­ Non-Unique Items (Filing No. 141); c. if any; d. On or before August 11, 2010, Plaintiffs will file their response in opposition On or before August 2, 2010, Plaintiffs will file their own dispositive motions,

to Defendant's Motion for Partial Summary Judgment Regarding Class Plaintiffs Who Do Not Fit Within The Class Definition (Filing No. 139); e. On or before August 31, 2010, Plaintiffs will file their response in opposition

to Defendant's Motion for Partial Summary Judgment Dismissing With Prejudice All Claims

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Barred By The Statute Of Limitations (Filing No. 137); f. On or before September 28, 2010, Defendant will file its response(s) in

opposition to any dispositive motions filed by Plaintiffs; g. On or before September 28, 2010, Defendant will file its reply briefs in

support of its Motion for Partial Summary Judgment ­ "Swiping In," "Being Checked," W alking, Waiting, Straight Knives, "Draw Knives," Hooks, And Other Light Tools (Filing No. 133), its Motion for Partial Summary Judgment ­ Non-Unique Items (Filing No. 141), and its Motion for Partial Summary Judgment Regarding Class Plaintiffs Who Do Not Fit Within The Class Definition (Filing No. 139); h. On or before October 14, 2010, Defendant will file its reply brief in support

of its Motion for Partial Summary Judgment Dismissing With Prejudice All Claims Barred By The Statute Of Limitations (Filing No. 137); i. On or before October 28, 2010, Plaintiff will file reply brief(s) in support of

any dispositive motions they filed on August 2, 2010; j. k. The fact discovery deadline is extended to until October 31, 2010; W ithin 30 days after the Court has issued orders on Defendant's Motion for

Partial Summary Judgment ­ "Changing Clothes," "Washing," Walking and Waiting (Filing No. 105), Defendant's Motion for Partial Summary Judgment ­ "Swiping In," "Being Checked," Walking, Waiting, Straight Knives, "Draw Knives," Hooks, And Other Light Tools (Filing No. 133), and Defendant's Motion for Partial Summary Judgment ­ Non-Unique Items (Filing No. 141), Plaintiffs' expert disclosures are due; l. W ithin 30 days after the Plaintiffs' have served their expert disclosures,

Defendant can depose Plaintiffs' expert at a mutually agreed upon time and place; m. W ithin 45 days after the Court has issued orders on Defendant's Motion for

Partial Summary Judgment ­ "Changing Clothes," "Washing," Walking and Waiting (Filing No. 105), Defendant's Motion for Partial Summary Judgment ­ "Swiping In," "Being Checked," Walking, Waiting, Straight Knives, "Draw Knives," Hooks, And Other Light Tools (Filing No. 133), and Defendant's Motion for Partial Summary Judgment ­ Non-Unique Items (Filing No. 141), Plaintiffs will file their brief in opposition to Defendant's Motion for Summary Judgment ­ Claims Based On Time In Excess Of "Reasonable Time" And De Minimis Activities (Filing No. 143);

n.

W ithin 45 days after Plaintiffs serve their expert disclosures, Defendant's

expert disclosures are due; o. W ithin 30 days after the Defendant has served its expert disclosures,

Plaintiffs can depose Defendant's expert at a mutually agreed upon time and place; p. W ithin 15 days after Defendant has served its expert disclosures, Defendant

will file its reply brief in support of its Motion for Summary Judgment ­ De Minimis Claims Based On Time In Excess Of "Reasonable Time" And Activities (Filing No. 143); q. W ithin 21 days after Defendant serves its expert disclosures, Plaintiffs'

rebuttal expert disclosures are due; r. W ithin 21 days after the Plaintiffs' have served their rebuttal expert

disclosures, Defendant can depose Plaintiffs' rebuttal expert at a mutually agreed upon time and place (but only if the rebuttal expert has not already been deposed); s. W ithin 30 days after Plaintiffs' rebuttal expert disclosures are due, both

parties' motions in limine, including those challenging the admissibility of expert testimony, are due. t. motions. IT IS SO ORDERED. Dated this 13th day of July, 2010. BY THE COURT: The Court shall set a trial ready date after it has ruled on all dispositive

s/Thomas D. Thalken United States Magistrate Judge