Petrone v. Werner Enterprises, Inc. et al

Filing 144

ORDER - Plaintiffs' counsel will produce a draft of a short, simple statement to the potential class members who have not yet opted in. The draft will state that plaintiffs' counsel has not yet received a response from that person, and that any response must be sent to plaintiffs' counsel by August 1, 2013. The statement may be in the form of a post card. Plaintiffs' counsel will show the draft statement to defendants' counsel, and the parties will attempt to agree as to the proposed language for the statement. If agreement is not achieved, the Court will hold an additional telephonic hearing with counsel in order to resolve the issue. Plaintiffs' counsel will mail the statement to the approximately 25,000 potential plaintiffs who have not yet opted in. Ordered by Senior Judge Lyle E. Strom. (GJG)

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA
)
)
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Plaintiffs,
)
)
v.
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WERNER ENTERPRISES, INC.,
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d/b/a WERNER TRUCKING, and
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DRIVERS MANAGEMENT, LLC,
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Defendants.
)
______________________________)
PHILLIP PETRONE, et al.,

8:11CV401

ORDER

This matter is before the Court pursuant to an oral
motion made by plaintiffs during a planning conference with the
Court held June 21, 2013.

Plaintiffs estimate that 100-150 opt-

in notices from potential plaintiffs were likely sent to but not
received by plaintiffs’ counsel due to an unidentified breakdown
in mail delivery.

Plaintiffs moved the Court to allow for

further communications with potential members of the class to
address the delivery problem, to which defendants object.

The

Court heard oral argument on the motion from counsel and now
rules as follows:
IT IS ORDERED:
1) Plaintiffs’ counsel will produce a draft of a short,
simple statement to the potential class members who have not yet
opted in.

The draft will state that plaintiffs’ counsel has not

yet received a response from that person, and that any response

must be sent to plaintiffs’ counsel by August 1, 2013.

The

statement may be in the form of a post card.
2) Plaintiffs’ counsel will show the draft statement to
defendants’ counsel, and the parties will attempt to agree as to
the proposed language for the statement.

If agreement is not

achieved, the Court will hold an additional telephonic hearing
with counsel in order to resolve the issue.
3) Plaintiffs’ counsel will mail the statement to the
approximately 25,000 potential plaintiffs who have not yet opted
in.
DATED this 21st day of June, 2013.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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