EEOC

Filing 476

STIPULATED ORDER granting 475 Stipulation regarding cost sharing for interpreting trial testimony during the phase I trial. Ordered by Chief Judge Laurie Smith Camp. (ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,

)
)
)
Plaintiff
)
)
ABDI MOHAMED, et. al.,
)
)
Plaintiff/Intervenors,
)
)
FARHAN ABDI, et al.,
)
)
Plaintiff/Intervenors,
)
v.
)
)
JBS USA, LLC, f/k/a JBS SWIFT & CO.)
a/k/a SWIFT BEEF COMPANY,
)
)
Defendant.
)

Case No. 8:10CV00318

STIPULATED ORDER REGARDING
COST SHARING FOR INTERPRETING
TRIAL TESTIMONY DURING
THE PHASE I TRIAL

This matter having come before the Court on the stipulation of Plaintiff EEOC and
Defendant JBS USA, LLC (collectively the “parties”) concerning the need for in-court
interpreters and the parties’ agreement to share costs for interpreting trial testimony
during the Phase I trial, and the Court being fully advised enters the following Stipulated
Order pursuant to Rule 43(d) of the Federal Rules of Civil Procedure:
1. The parties intend to call numerous witnesses during the Phase I trial who do not
speak English, or whose English-speaking ability is sufficiently limited as to require
in-court interpretation services.
2. The parties intend to call witnesses whose primary language is either Somali or
Spanish, and therefore interpreters in each language will be required.

3. Due to the anticipated length of trial testimony requiring interpreting, the parties will
need to retain at least two interpreters for each language to allow the interpreters
adequate breaks to maintain the integrity of the translated testimony.
4. The parties agree to split the costs of the in-court interpreters by each paying the costs
associated with one Somali and one Spanish interpreter.
5. The parties agree to minimize interpreting costs by presenting Somali and Spanish
speaking witnesses consecutively and on consecutive trial days to the extent possible.
6. The parties have been informed that a staff interpreter for the U.S. District Court for
the District of Nebraska may be available and willing to provide Spanish
interpretation during the Phase I trial at no cost to the parties. In the event the Court’s
staff interpreter is able to interpret for this case, the parties shall retain and split the
cost of an additional Spanish-language interpreter to alternate with the Court’s staff
interpreter.
7. The parties may separately retain other interpreters for purposes of communicating
privately with witnesses or clients. Such arrangements are not subject to the terms of
this stipulation.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD:
Dated: April 17, 2013

FOR PLAINTIFF EEOC:

s/ Rebecca S. Stith
Rebecca S. Stith
Senior Trial Attorney

EEOC – Seattle Field Office
909 First Avenue, Suite 400
Seattle, WA 98104-1061
[phone] / [phone] (fax)
[e-mail]
s/Anne E. Gusewelle
Senior Trial Attorney
EEOC-Kansas City Area Office
4th and State Ave, 9th Floor
Kansas City, KS 66101
[phone]/[phone] fax
[e-mail]
s/ Nicholas Pladson
Senior Trial Attorney
EEOC-Minneapolis Area Office
330 S. Second Ave., Ste 720
Minneapolis, MN 55401
[phone]
[e-mail]
s/ Peter Laura
Senior Trial Attorney
EEOC-San Francisco District Office
350 The Embarcadero, Ste. 500
San Francisco, CA 94105
[phone]
[e-mail]

FOR DEFENDANT JBS USA, LLC:
s/ Heather Fox Vickles
s/ Walter V. Siebert
Heather Fox Vickles
Walter V. Siebert
SHERMAN & HOWARD L.L.C.
633 17th Street, Suite 3000
Denver, CO 80202
[phone] / [phone] (fax)
[e-mail]
[e-mail]

s/ Roger J. Miller
Roger J. Miller, Esq.
McGrath North Mullin & Kratz, PC LLO
First National Tower, Suite 3700
1601 Dodge Street
Omaha, NE 68102
[phone] / [phone] (fax)
[e-mail]

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: 19th day of April, 2013
s/Laurie Smith Camp
Chief District Court Judge