Order | Filed: August 17, 2026
| Entered: August 17, 2026
Pollard et al v. Union Pacific Railroad Co.
Civil Rights: Americans with Disabilities - Employment | Nebraska
Order ~Util - Terminate Motion and R&R Deadlines/Hearings ~Util - Terminate Deadlines and Hearings
ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 23(E)(2); AWARDING ATTORNEY'S FEES, COSTS, AND CASE CONTRIBUTION AWARDS - Pursuant to Fed. R. Civ. P. 23(e), the Court hereby grants final approval of the Settlement and finds that the Settlement is fair, reasonable, and adequate and in the best interests of the Class Members. Upon the Effective Date: (i) the Settlement Agreement shall be the exclusive remedy for any and all Released Claims of Plaintiffs and Class Members; and (ii) Plaintiffs and Class Members stipulate to be and shall be permanently barred from initiating, asserting, or prosecuting any and all Released Claims against the Releasees in any federal or state court or tribunal. Likewise, upon the Effective Date, Defendant and each of the other Releasees shall be deemed by operation of law to have released, waived, discharged, and dismissed any claim against Plaintiffs, Class Counsel, or Class Members arising from the initiation and prosecution of the Action; provided, however, that nothing herein shall release or waive any claims or defenses arising from (a) any breach of the Settlement Agreement, (b) enforcement of the terms of the Settlement Agreement or (c) fraud or willful misconduct. Accordingly, the Settlement shall terminate the Action. The Court finds that an award of attorney's fees and costs is appropriate pursuant to Federal Rule of Civil Procedure 23(e)(2)(C)(iii) and therefore approves such award in an amount, manner, and timing as set forth in the Court's separate Order on Class Counsel's motion for Attorney's Fees and Costs Award and Case Contribution Awards. The Court finds that the payment of Case Contribution Awards to the Plaintiffs is fair and reasonable and therefore approves such payment as set forth in the Court's separate Order on Class Counsel's motion for Attorney's Fees and Costs Award and Case Contribution Awards. The Action, and all claims asserted therein, is settled and dismissed with prejudice. Consummation of the Settlement, including the making of payments to Class Members, shall proceed as described in the Settlement Agreement, and the Court reserves jurisdiction over the subject matter and each Party to the Settlement solely to resolve any disputes that may arise regarding the notice and payment procedures addressed in § 11 of the Settlement Agreement. Unopposed Motion for Attorney Fees (Filing No. 361 in 4:21-cv-03124 and Filing No. 365 in 8:22-cv-00210) is granted. Joint Motion for Settlement (Filing No. 371 in 4:21-cv-03124 and Filing No. 375 in 8:22-cv-00210) is granted. Member Cases: 4:21-cv-03124-JFB-RCC, 8:22-cv-00210-JFB-RCCOrdered by Senior Judge Joseph F. Bataillon. (LKO)
Order | Filed: August 17, 2026
| Entered: August 17, 2026
Pollard et al v. Union Pacific Railroad Co.
Civil Rights: Americans with Disabilities - Employment | Nebraska
Judgment
JUDGMENT - pursuant to Fed. R. Civ. P. 58, as to Plaintiffs Nancy Pollard and Charles Waldschmidt, Class Members, and Defendant Union Pacific Railroad Company on the terms and conditions of the Settlement Agreement as approved by the Courts Final Approval Order. For purposes of this Judgment, the Court adopts the terms and definitions set forth in the Settlement Agreement unless otherwise defined in the Preliminary Approval Order or Final Approval Order. Payments to Class Members under the Settlement Agreement shall be made as outlined in the Final Approval Order and Settlement Agreement. Upon the Effective Date: (i) the Settlement Agreement shall be the exclusive remedy for any and all Released Claims of Plaintiffs and Class Members; and (ii) Plaintiffs and Class Members stipulate to be and shall be permanently barred from initiating, asserting, or prosecuting any and all Released Claims against the Releasees in any federal or state court or tribunal. Likewise, upon the Effective Date, Defendant and each of the other Releasees shall be deemed by operation of law to have released, waived, discharged, and dismissed each and every claim against Plaintiffs, Class Counsel, and Class Members arising from the initiation and prosecution of the Action by Plaintiffs, Class Counsel, or Class Members; provided, however, that nothing herein shall release or waive any claims or defenses arising from (a) any breach of the Settlement Agreement, (b) enforcement of the terms of the Settlement Agreement, or (c) fraud or willful misconduct.The Settlement Agreement, this Judgment, and the Settlement itself, including any act performed or document executed or filed pursuant to or in furtherance of the Settlement Agreement or the Settlement, shall not be, and may not be deemed to be or used as, an admission of, or evidence of, the validity or lack thereof of any Released Claim, or of any wrongdoing, fault, or liability of Defendant. The Settlement Agreement, this Judgment, and the Settlement itself, including any act performed or document filed or executed pursuant to or in furtherance of the Settlement Agreement or the Settlement, shall not be admissible in any proceeding for any purpose, except to enforce the terms of the Settlement Agreement or this Judgment, and except that the Releasees may file the Settlement Agreement and/or this Judgment in any action that may be brought against them in order to support a defense or counterclaim based on principles of res judicata, collateral estoppel, release, good faith settlement, judgment bar or reduction, or any other theory of claim preclusion or issue preclusion or similar defense or counterclaim. This Action is settled and dismissed with prejudice. Without affecting the finality of this Judgment, the Court reserves jurisdiction over the subject matter and each Party to the Settlement solely to resolve any disputes that may arise regarding the notice and payment procedures addressed in § 11 of the Settlement Agreement. Member Cases: 4:21-cv-03124-JFB-RCC, 8:22-cv-00210-JFB-RCC Ordered by Senior Judge Joseph F. Bataillon. (LKO)