IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA
April 19, 2013
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, PLAINTIFF
ABDI MOHAMED, ET. AL.,
FARHAN ABDI, ET AL., PLAINTIFF/INTERVENORS,
JBS USA, LLC, F/K/A JBS SWIFT & CO. A/K/A SWIFT BEEF COMPANY, DEFENDANT.
The opinion of the court was delivered by: Laurie Smith Camp Chief District Court Judge
STIPULATED ORDER REGARDING COST SHARING FOR INTERPRETING TRIAL TESTIMONY DURING
THE PHASE I TRIAL
This matter having come before the Court on the stipulation of Plaintiff EEOC and Defendant JBS USA, LLC (collectively the "parties") concerning the need for in-court interpreters and the parties' agreement to share costs for interpreting trial testimony during the Phase I trial, and the Court being fully advised enters the following Stipulated Order pursuant to Rule 43(d) of the Federal Rules of Civil Procedure:
1. The parties intend to call numerous witnesses during the Phase I trial who do not speak English, or whose English-speaking ability is sufficiently limited as to require in-court interpretation services.
2. The parties intend to call witnesses whose primary language is either Somali or Spanish, and therefore interpreters in each language will be required.
3. Due to the anticipated length of trial testimony requiring interpreting, the parties will need to retain at least two interpreters for each language to allow the interpreters adequate breaks to maintain the integrity of the translated testimony.
4. The parties agree to split the costs of the in-court interpreters by each paying the costs associated with one Somali and one Spanish interpreter.
5. The parties agree to minimize interpreting costs by presenting Somali and Spanish speaking witnesses consecutively and on consecutive trial days to the extent possible.
6. The parties have been informed that a staff interpreter for the U.S. District Court for the District of Nebraska may be available and willing to provide Spanish interpretation during the Phase I trial at no cost to the parties. In the event the Court's staff interpreter is able to interpret for this case, the parties shall retain and split the cost of an additional Spanish-language interpreter to alternate with the Court's staff interpreter.
7. The parties may separately retain other interpreters for purposes of communicating privately with witnesses or clients. Such arrangements are not subject to the terms of this stipulation.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD:
Dated: April 17, 2013 FOR PLAINTIFF EEOC: s/ Rebecca S. Stith Rebecca S. Stith Senior Trial Attorney EEOC -- Seattle Field Office 909 First Avenue, Suite 400 Seattle, WA 98104-1061 (206) 220-6858 / (206) 220-6911 (fax) firstname.lastname@example.org s/Anne E. Gusewelle Senior Trial Attorney EEOC-Kansas City Area Office 4th and State Ave, 9th Floor Kansas City, KS 66101 (913) 551-4844/(913) 551-6957 fax email@example.com s/ Nicholas Pladson Senior Trial Attorney EEOC-Minneapolis Area Office 330 S. Second Ave., Ste 720 Minneapolis, MN 55401 (612) 335-4047 firstname.lastname@example.org s/ Peter Laura Senior Trial Attorney EEOC-San Francisco District Office 350 The Embarcadero, Ste. 500 San Francisco, CA 94105 (415) 625-5641 email@example.com FOR DEFENDANT JBS USA, LLC: s/ Heather Fox Vickles s/ Walter V. Siebert Heather Fox Vickles Walter V. Siebert SHERMAN & HOWARD L.L.C. 633 17th Street, Suite 3000 Denver, CO 80202 (303) 297-2900 / (303) 298-0940 (fax) firstname.lastname@example.org email@example.com s/ Roger J. Miller Roger J. Miller, Esq. McGrath North Mullin & Kratz, PC LLO First National Tower, Suite 3700 1601 Dodge Street Omaha, NE 68102 (402) 341-3070 / (402) 341-0216 (fax) firstname.lastname@example.org
PURSUANT TO STIPULATION, IT IS SO ORDERED.
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