Russell v. Werner Enterprises, Inc.

Filing 393

ORDER granting the Joint Motion to Refine Class Definitions and Extend Progression Order Deadlines. A planning conference to discuss case progression, dispositive motions, the parties interest in settlement, and the trial and pretrial conference settings will be held with the undersigned magistrate judge on December 13, 2023, at 10:00 a.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. (Filing No. 206 in the Lead Case). Member Cases: 8:14-cv-00319-JFB-MDN, 8:15-cv-00287-JFB-MDN, 8:17-cv-00145-JFB-MDN, 8:20-cv-00227-JFB-MDNOrdered by Magistrate Judge Michael D. Nelson. (MKR)

8:14-cv-00319-JFB-MDN Doc # 393 Filed: 07/18/23 Page 1 of 2 - Page ID # 6033

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 after review of the Joint Status Report and Joint Motion to
Refine Class Definitions and Extend Progression Order Deadlines (Filing No. 391 in the Lead
Case). After review of the parties’ motion,
IT IS ORDERED that the Joint Status Report and Joint Motion to Refine Class
Definitions and Extend Progression Order Deadlines (Filing No. 391 in the Lead Case) is granted
as set forth below:
1)

The Court approves the parties’ agreement that the Rule 23(b)(3) class definitions
for the Nebraska and California classes should be modified to exclude drivers
who did not work for Werner at any point from June 4, 2010 – July 14, 2023 and
were hired after July 14, 2023, so as to provide an end-date for class membership
and to eliminate the need for multiple supplemental notices to new class
members.

2)

On or before August 4, 2023, Werner will produce a class list (“2023 Class List”)
to counsel for the Abarca/Smith Plaintiffs (“Class Counsel”) identifying all

8:14-cv-00319-JFB-MDN Doc # 393 Filed: 07/18/23 Page 2 of 2 - Page ID # 6034

individuals who now fall within the definition of the Nebraska and/or California
cases, were hired on or before July 14, 2023, and were not on the 2018 Class List
(collectively, the “New Class Members”).
3)

On or before August 25, 2023, Werner will produce supplemental class data for
all categories of class data previously produced, including trip data, pay data,
check detail, check header, paid trip detail, stop data, messaging data, and log
data, for all Class Members, including all such data generated through the date of
that production.

4)

On or before September 6, 2023, Class Counsel shall send notice to the Class
Members who were not on the 2018 Class List (“2023 Notice”). The form and
content of the 2023 Notice and the process of providing the 2023 Notice shall be
substantially similar to the Court-approved notice sent to class members in 2018.
The parties shall have 14-days to submit a joint stipulation and proposed order for
approval of the 2023 Notice plan and documents. Consistent with the Court’s
Order on Court-Supervised Notice, New Class Members will have 60-days from
the Mailing date to elect to be excluded from this lawsuit (the “Opt Out
Deadline”).

5)

Within 30-days after the 2023 Opt Out Deadline, (1) Defendants shall supplement
the data production to produce any updated records generated for class members
since the date of the production and through the 2023 Opt Out Deadline; and (2)
Plaintiffs’ Counsel shall file with the Court a list of all New Class Members who
timely requested exclusion from either Class (the “2023 Opt Out List”).

6)

A planning conference to discuss case progression, dispositive motions, the
parties’ interest in settlement, and the trial and pretrial conference settings will be
held with the undersigned magistrate judge on December 13, 2023, at 10:00 a.m.
by telephone. Counsel shall use the conferencing instructions assigned to this case
to participate in the conference. (Filing No. 206 in the Lead Case).

7)

All current case progression deadlines (Filing No. 383 in the Lead Case) that will
expire prior to the planning conference (i.e., written discovery, motion to compel,
expert identification/disclosures, depositions, motions to dismiss, and summary
judgment) are suspended, and will be reset during the planning conference as
necessary.

Dated this 18th day of July, 2023.
BY THE COURT:
s/Michael D. Nelson
United States Magistrate Judge

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