Filing 325

ORDER denying 315 Motion for Reconsideration. Ordered by Magistrate Judge F.A. Gossett. (ADB)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, V. JBS USA, LLC, Defendant. ) ) ) ) ) ) ) ) ) ) ) 8:10CV318 ORDER This matter is before the Court on Plaintiff and Plaintiff/Intervenors’ Motion to Reconsider (filing 315). Plaintiff and Plaintiff/Intervenors request that the undersigned reconsider a portion of the order entered on October 29, 2012 (filing 311), which denied Defendant’s motion for a protective order barring the deposition of Wesley Batista (“Batista”). Plaintiff and Plaintiff/Intervenors’ motion to reconsider further requests that the undersigned clarify whether Plaintiff/Intervenors can participate in Batista’s deposition given the previous ruling (filing 296) that Plaintiff/Intervenors may not participate in Phase I of this proceeding. Defendant argues that the motion to reconsider is premature because Defendant plans on filing an objection to the order denying Defendant’s motion for a protective order. Defendant further suggests that the request for clarification is premature given the objection pending on the undersigned’s order precluding Plaintiff/Intervenors from participating in Phase I of this proceeding. (Filing 305.) The undersigned agrees with Defendant. Accordingly, IT IS ORDERED that Plaintiff and Plaintiff/Intervenors’ Motion to Reconsider is denied. DATED November 9, 2012. BY THE COURT: S/ F.A. Gossett United States Magistrate Judge

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