Russell v. Werner Enterprises, Inc.

Filing 295

ORDER - Defendants' Motion to Consolidate Pursuant to Fed. R. Civ. P. 42(a) (Filing No. 290 in the Lead case) is granted. The above-captioned cases are consolidated for all purposes. Case No. 8:14CV319 continues to be designated as the "L ead Case" and Case No. 8:20CV227 is designated as a "Member Case." The court's CM/ECF System has the capacity for "spreading" text among the consolidated cases. If properly docketed, the documents filed in the Lead Case will automatically be filed in the Member Case. The parties are instructed to file documents related to discovery (except those described in paragraph 5) in the Lead Case and to select the option "yes" in response to the System's quest ion whether to spread the text. The parties may not use the spread text feature to file complaints, amended complaints, and answers; to pay filing fees electronically using pay.gov; or to file items related to service of process. If a party believes an item in addition to those described in paragraph 4 should not be filed in all the consolidated cases, the party must move for permission to file the item in one or more member cases. The motion must be filed in all the consolidated cases using the spread text feature. The parties in Bryant v. Werner Enterprises, Inc. et al., Case No. 8:20CV227 shall comply with the amended case progression order dated July 23, 2020. (Filing No. 292 in the Lead Case). Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN, 8:17-cv-00145-JFB-MDNOrdered by Magistrate Judge Michael D. Nelson. (LKO)

8:14-cv-00319-JFB-MDN Doc # 295 Filed: 08/04/20 Page 1 of 2 - Page ID # 4464

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
EZEQUIEL OLIVARES ABARCA, et al,
individually and on behalf of all those similarly
situated,

8:14CV319
ORDER

and
WILLIAM SMITH, on behalf of himself and all
others similarly situated, and on behalf of the
general public,

8:15CV287
ORDER

and
BRIAN VESTER and JOEL MORALES,
individually and on behalf of all others
similarly situated,

8:17CV145
ORDER

and
DANIEL BRYANT, individually and on behalf of
all others similarly situated,

8:20CV227
ORDER

Plaintiffs,
vs.
WERNER ENTERPRISES, INC., et al.,
Defendants.
This matter is before the Court on the Motion to Consolidate Pursuant to Fed. R. Civ.
P. 42(a) (Filing No. 290 in the Lead case) filed by Defendants.

Defendants move to

consolidate Bryant v. Werner Enterprises, Inc. et al., Case No. 8:20CV227, with the three previously
consolidated cases, captioned above. Defendants represent that counsel for the Plaintiff in Bryant
does not oppose this motion. And, no objections to the motion were filed by the other plaintiffs in the
time provided under the court’s local rules. Accordingly, the motion is unopposed.
Federal Rule of Civil Procedure 42(a) permits consolidation of cases involving
common issues of law or fact as a matter of convenience and economy in judicial
administration. Fed. R. Civ. P. 42(a). After review of the filings in the above cases, the Court
concludes the Bryant action contains common issues of law and fact as the Abarca, Smith, and
Vester cases. The putative class action claims by the Bryant plaintiffs against Defendants for

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violations of California wage and labor laws are the same or similar as those alleged in the
above-captioned consolidated cases, and the previously certified class appears to encompass
the newest claims. Consolidation will conserve time and resources of the parties and of the
Court. Accordingly, the Court will grant the Defendants’ motion and consolidate all of the
above-captioned cases for purposes of discovery and trial. Upon consideration,

IT IS ORDERED:
1. Defendants’ Motion to Consolidate Pursuant to Fed. R. Civ. P. 42(a) (Filing No. 290 in the
Lead case) is granted.
2. The above-captioned cases are consolidated for all purposes.
3. Case No. 8:14CV319 continues to be designated as the “Lead Case” and Case No.
8:20CV227 is designated as a “Member Case.”
4. The court’s CM/ECF System has the capacity for “spreading” text among the consolidated
cases. If properly docketed, the documents filed in the Lead Case will automatically be
filed in the Member Case. The parties are instructed to file documents related to discovery
(except those described in paragraph 5) in the Lead Case and to select the option “yes” in
response to the System’s question whether to spread the text.
5. The parties may not use the spread text feature to file complaints, amended complaints,
and answers; to pay filing fees electronically using pay.gov; or to file items related to
service of process.
6. If a party believes an item in addition to those described in paragraph 4 should not be filed
in all the consolidated cases, the party must move for permission to file the item in one or
more member cases. The motion must be filed in all the consolidated cases using the
spread text feature.
7. The parties in Bryant v. Werner Enterprises, Inc. et al., Case No. 8:20CV227 shall comply with
the amended case progression order dated July 23, 2020. (Filing No. 292 in the Lead Case).
Dated this 4th day of August, 2020.
BY THE COURT:
s/Michael D. Nelson
United States Magistrate Judge