Nebraska District Court
Judge:John M Gerrard
Case #: 8:18-cv-00329
Nature of Suit445 Civil Rights - Amer w/Disabilities-Employment
Cause42:12101 Americans with Disabilities Act
Case Filed:Jul 11, 2018
Terminated:Jan 11, 2024
Last checked: Monday Jan 07, 2019 2:56 AM CST
Defendant
Werner Enterprises, Inc.
Represented By
Brandon J. Crainer
Fraser, Stryker Law Firm
contact info
Elizabeth A. Culhane
Fraser, Stryker Law Firm
contact info
Joseph E. Jones
Fraser, Stryker Law Firm
contact info
Intervenor Plaintiff
Andrew Deuschle
Represented By
Lia S. Davis
Disability Rights - Texas
contact info
Dianne D. DeLair
Disability Rights Nebraska
contact info
Brian East
Disability Rights - Texas
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Plaintiff
Equal Employment Opportunity Commission
Represented By
James L. Lee
Equal Employment Opportunity Commission - Missouri
contact info
Andrea G. Baran
Equal Employment Opportunity Commission - Missouri
contact info
Grant R. Doty
Equal Employment Opportunity Commission - Missouri
contact info
Emily Keatley
Equal Employment Opportunity Commission - Kansas
contact info
Gwendolyn Reams
Equal Employment Opportunity Commission - Washington
contact info
C. Felix Miller
Equal Employment Opportunity Commission - Missouri
contact info

GPO Oct 10 2018
PROTECTIVE ORDER - Upon the request of the parties in their Rule 26(f) Report (Filing No. 23), this Court enters the following Protective Order governing the confidential and proprietary information obtained in this case. Ordered by Magistrate Judge Susan M. Bazis. (KLF)
GPO Dec 04 2018
ORDER - The motions to consolidate (Case No. 8:18CV329, Filing No. 34; Case No. 8:18CV462, Filing No. 12) are granted. EEOC v. Werner Enterprises, Inc. Case No. 8:18CV329 and EEOC v. Drivers Management, LLC, Case No. 8:18CV462 are consolidated for discovery purposes only. Counsel shall conduct discovery as if these consolidated cases are part of a single case. Case No. 8:18CV329 is hereby designated as the "Lead Case." Case No. 8:18CV462 is designated as the "Member Case." Member Cases: 8:18-cv-00329-JMG-SMB, 8:18-cv-00462-JMG-SMB Ordered by Magistrate Judge Susan M. Bazis. (KLF)
GPO Mar 28 2019
FINAL PROGRESSION ORDER - This matter is before the Court on the parties Joint Stipulation for Progression Order Deadlines. (Filing No. 48.) The Stipulation is granted. The non-expert deposition deadline is November 1, 2019. The expert deposition deadline is November 22, 2019. The jury trial of this case is set to commence before John M. Gerrard, Chief United States District Judge, in the Special Proceedings Courtroom, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at 9:00 a.m. on June 15, 2020, or as soon thereafter as the case may be called, for a duration of five (5) trial days. The Pretrial Conference is scheduled to be held before the undersigned magistrate judge on May 18, 2020 at 11:00 a.m., and will be conducted by internet/telephonic conferencing. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. Ordered by Magistrate Judge Susan M. Bazis. (KLF)
GPO Jun 25 2019
AMENDED FINAL PROGRESSION ORDER - The non-expert deposition deadline is December 2, 2019. The expert deposition deadline is December 20, 2019. Jury Trial set for 6/15/2020 at 09:00 AM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plz, Omaha, NE before Chief Judge John M. Gerrard. Pretrial Conference set for 5/18/2020 at 11:00 AM Internet/Telephonic Conferencing before Magistrate Judge Susan M. Bazis. Member Cases: 8:18-cv-00329-JMG-SMB, 8:18-cv-00462-JMG-SMB Ordered by Magistrate Judge Susan M. Bazis. (LAC)
GPO Aug 21 2019
SECOND AMENDED FINAL PROGRESSION ORDER granting 61 Motion to Extend. Jury Trial set for 10/26/2020 at 09:00 AM Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plz, Omaha, NE before Chief Judge John M. Gerrard. Pretrial Conference set for 10/5/2020 at 10:00 AM Internet/Telephonic Conferencing before Magistrate Judge Susan M. Bazis. Ordered by Magistrate Judge Susan M. Bazis. (ADB)
GPO Nov 05 2019
THIRD AMENDED FINAL PROGRESSION ORDER - This matter is before the Court on the parties' Unopposed Motion to Extend Progression Order Deadlines. (Filing No. 69.) The motion is granted. The trial and pretrial conference will not be reset at this time. A telephonic status conference to discuss case progression, the parties' interest in settlement, and the trial and pretrial conference settings will be held with the undersigned magistrate judge on June 24, 2020 at 3:00 p.m. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. Ordered by Magistrate Judge Susan M. Bazis. (KLF)
GPO Apr 06 2020
FOURTH AMENDED FINAL PROGRESSION ORDER - The trial and pretrial conference will not be reset at this time. The status conference to discuss case progression, the parties' interest in settlement, and the trial and pretrial conference settings remains as scheduled with the undersigned magistrate judge by telephone conference on June 25, 2020 at 3:00 p.m. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. (Filing No. 28.) The non-expert deposition deadline is May 20, 2020. The expert deposition deadline is June 26, 2020. Ordered by Magistrate Judge Susan M. Bazis. (LKO)
GPO May 27 2020
n of this litigation, Werner shall pay $4,978.30 to cover the costs of travel for the cancelled depositions. Member Cases: 8:18-cv-00329-JMG-SMB, 8:18-cv-00462-JMG-SMBOrdered by Magistrate Judge Susan M. Bazis. (LKO)ORDER - that the Joint Motion of Plaintiff and Intervenor for Reimbursement of Expenses and Fees Associated with Cancelled Depositions (Case No. 8:18CV329, Filing No. 123; Case No. 8:18CV426, Filing No. 92) is granted, in part. Upon the conclusio
GPO Apr 01 2022
ORDER - Plaintiffs' Motion to Compel and for Additional Discovery (Case No. 8:18CV329, Filing No. 213; Case No. 8:18CV462, Filing No. 192) is denied. Defendants' Objections and Motion to Strike Potions of the Declaration of Grant Doty (Case No. 8:18CV329, Filing No. 220); Case No. 8:18CV462, Filing No. 199) is denied as moot. By 12:00 p.m. on April 8, 2022, the parties shall confer and submit proposed revised deposition, summary judgment, and Daubert deadlines to bazis@ned.uscourts.gov. Ordered by Magistrate Judge Susan M. Bazis. (MKR)
GPO Jul 06 2022
STIPULATED PROTECTIVE ORDER - Upon the request of the parties, acting pursuant to the Court's June 27, 2022, order (18cv329 Filing No. 238) and (18cv462 Filing No. 218), this Court enters the following Protective Order governing the testimony of Werner Enterprises, Inc. ("Werner") witness, Ben Pile, in either his deposition of June 9, 2022 and/or the reconvened deposition of July 11, 2022. Member Cases: 8:18-cv-00329-JMG-SMB, 8:18-cv-00462-JMG-SMBOrdered by Magistrate Judge Susan M. Bazis. (LKO)
GPO Mar 31 2023
MEMORANDUM AND ORDER denying (244) Motion to Exclude; denying (249) Motion to Exclude; granting in part and denying in part (263) Motion for Summary Judgment; granting in part and denying in part (268) Motion for Partial Summary Judgment.; granting (291) Motion for Leave in case 8:18-cv-00329-JMG-SMB. Member Cases: 8:18-cv-00329-JMG-SMB, 8:18-cv-00462-JMG-SMB Ordered by Senior Judge John M. Gerrard. (DCD) Modified on 3/31/2023 (DCD).
GPO May 03 2023
ORDER ON FINAL PRETRIAL CONFERENCE A final pretrial conference was held on the 3rd day of May, 2023. Ordered by Magistrate Judge Susan M. Bazis. (LRM)
GPO May 23 2023
TRIAL ORDER - The above-captioned civil case is set for a jury trial before the undersigned judge in Courtroom 1 (Special Proceedings), Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska, commencing at 9:00 a.m. on Monday, June 5, 2023, or as soon thereafter as the case may be called, for a duration of 5 trial days. A pretrial conference is scheduled to be held before the undersigned judge at 12:00 p.m. on Friday, June 2, 2023, in the Special Proceedings Chambers, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska. Ordered by Senior Judge John M. Gerrard. (MKR)
GPO May 31 2023
MEMORANDUM AND ORDER- Werner's motion to reconsider (filing 294) is denied. Member Cases: 8:18-cv-00329-JMG-SMB, 8:18-cv-00462-JMG-SMB Ordered by Senior Judge John M. Gerrard. (MKR)
GPO Jun 03 2023
MEMORANDUM AND ORDER granting in part and denying in part 299 Motion in Limine; granting in part and denying in part 303 Motion in Limine; granting 314 Motion in Limine. Ordered by Senior Judge John M. Gerrard. (DCD)
GPO Jun 03 2023
ORDER as to designated deposition testimony of Clarence Easterday, Jr., Wayne Cederholm, and Christopher Hilkemann. Ordered by Senior Judge John M. Gerrard. (DCD)
GPO Jun 04 2023
ORDER as to designated deposition testimony of Donald Wayne Gibbs, Lathen Whited, and Lindsay Wilbert. Ordered by Senior Judge John M. Gerrard. (DCD)

Docket last updated: 12 hours ago
Friday, March 29, 2024
378 378 appeal Mandate/Judgment Fri 03/29 9:04 AM
MANDATE from USCA - 8th Circuit 24-1497 regarding Notice of Appeal to USCA,374 . In accordance with the judgment of March 29, 2024, and pursuant to the provisions of Federal Rule of Appellate Procedure 41(a), the formal mandate is hereby issued in the above-styled matter. (TCL)
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377 377 appeal Copy of Order from USCA Fri 03/29 9:02 AM
COPY of Order (Judgment) from USCA - 8th Circuit 24-1497 Appellant's motion to dismiss the appeal is granted. The appeal is hereby dismissed in accordance with the Federal Rules of Appellate Procedure 42(b).The Court's mandate shall issue forthwith. (TCL)
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