Petrone v. Werner Enterprises, Inc. et al

Filing 105

ORDER - The Court hereby adopts its provisional order of October 11, 2012 (Filing No. 83 ) as a permanent order. Plaintiffs' motion to certify the state-law class under case number 8:11CV401 filing 85 is stricken as being filed in the wrong case. Ordered by Senior Judge Lyle E. Strom. (GJG)

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA
PHILLIP PETRONE,
1709 Monmouth Parkway
Middleton, NJ 07748

)
)
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Plaintiff,
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v.
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WERNER ENTERPRISES, INC.,
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d/b/a WERNER TRUCKING,
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14507 Frontier Road
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P.O. Box 45308
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Omaha, NE 68145
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and
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DRIVERS MANAGEMENT, LLC
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14507 Frontier Road
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P.O. Box 45308
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Omaha, NE 68145
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Defendants.
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______________________________)

8:11CV401

ORDER

This matter is before the Court on plaintiffs’ motion
for conditional certification of an FLSA class (Filing No. 52).
The Court entered a provisional order granting conditional
certification (Filing No. 83) but permitted an additional brief
by defendants to address a last minute supplement by plaintiffs.
Defendants’ brief raised issues that may weigh on its eventual
liability, and those issues might be the proper subject of
further motions by the defendants.

However, the issues presented

did not affect the Court’s ruling on whether the plaintiffs made
the minimal showing required for conditional certification.

In addition, the motion to certify the state-law class
(Filing No. 85) was filed in the wrong case.
filed under the correct case number.

It has been re-

Accordingly,

IT IS ORDERED:
1) That the Court hereby adopts its provisional order
of October 11, 2012 (Filing No. 83) as a permanent order.
2) That plaintiffs’ motion to certify the state-law
class under case number 8:11CV401 is stricken as being filed in
the wrong case.
DATED this 19th day of December, 2012.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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