Midgett v. Werner Enterprises, Inc.

Filing 144

SECOND AMENDED FINAL PROGRESSION ORDER - The proposed progression schedule is accepted. Ordered by Magistrate Judge Susan M. Bazis. (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CHRISTOPHER MIDGETT, individually )
and on behalf of similarly situated persons, )
No. 8:18-cv-00238
)
Plaintiffs,
)
)
v.
)
SECOND AMENDED FINAL
)
PROGRESSION ORDER
WERNER ENTERPRISES, INC.,
)
)
Defendant.
)
)
______________________________________________________________________________
THIS MATTER is before the Court upon the parties’ joint proposed second amended final
progression schedule. On May 19, 2021, the Court directed the parties to draft a joint proposed
progression order and submit the joint proposed progression order to the Court. The proposed
progression schedule is accepted. Accordingly, progression shall proceed as follows:
1.

Defendant shall have forty-five (45) days from the date the Court enters the
Progression Order to provide supplemental discovery responses relating to the optin class members and information in connection with a potential mediation.

2.

Plaintiff shall have sixty (60) days from receipt of the responses discussed in
paragraph 1 to analyze the supplemental data and make a demand.

3.

The parties shall have sixty (60) days after the deadline from which Plaintiffs are
to make a demand discussed in paragraph 2 above to complete voluntary mediation,
if agreeable to both parties following the receipt of Plaintiff’s demand.

4.

Plaintiff’s renewed Motion for Class Certification is due no later than forty-five
(45) days after any mediation deadline in paragraph 3 above.

1

a.

Defendant’s response to Plaintiff’s renewed Motion for Class Certification
is due no later than thirty (30) days after Plaintiff files its renewed Motion
for Class Certification.

b.

Plaintiff’s reply is due no later than twenty-one (21) days after Werner’s
opposition brief is filed.

5.

The parties will propose additional progression deadlines for the remainder of the
case after mediation, if necessary.

Dated this 3rd day of June, 2021.
BY THE COURT:
s/ Susan M. Bazis
United States Magistrate Judge

2