The settlement resolves the consolidated actions Waldschmidt v. Union Pacific Railroad Company, docketed as 4:21cv3124 and 8:22cv00210 in the U.S. District Court for the District of Nebraska.
Senior Judge Joseph F. Bataillon issued the order on April 23, 2026, approving the notice plan and appointing Analytics, LLC as the third-party settlement administrator.
The court found that disseminating class notice substantially in the manner set forth in the settlement agreement meets Federal Rule of Civil Procedure 23 and due process requirements.
Union Pacific must provide Class Counsel with updated last known addresses and email addresses for class members by May 7, 2026.
Notice to the class will begin no later than fourteen calendar days after Union Pacific provides that updated information.
Class members have forty-five days from the first date of notice dissemination to file written objections with the court.
A final fairness hearing is scheduled for August 17, 2026, at 1:30 P.M. in Courtroom 3 of the Roman L. Hruska Federal Courthouse in Omaha, Nebraska.
The hearing will determine whether the settlement is fair, reasonable, adequate, and in the best interests of the class.
The court also will consider Class Counsel’s motion for an attorney’s fees and costs award, as well as applications for case contribution awards.
Class Counsel must file all papers supporting the fee and cost applications by June 22, 2026.
Opposition papers are due by July 6, 2026, with reply papers due by July 20, 2026.
The parties must file all papers supporting the final approval order and final judgment by July 22, 2026.
The settlement agreement includes a provision allowing either party to terminate the deal if the court declines to approve or modifies the settlement terms.
If terminated, the action reverts to its status as of January 13, 2026, and all releases become null and void.
The order explicitly states that the settlement is not an admission of wrongdoing, fault, or liability by Union Pacific.