United States District Court, D. North Dakota
JEFF CLINE, MATTHEW SIMMONS, AND ALL OTHERS SIMILARLY SITUATED UNDER 29 USC § 216b, Plaintiffs,
DC POWER TONG, LLC, DEREK LINGHOR, JONAS MCKENZIE, BOB HVINDEN & MICHAEL SHANE KORNKVEN, Defendants.
J.DEREK BRAZIEL* Co-Attorney in Charge JAY FORESTER* Lee
& Braziel, L.L.P. *Admitted to Practice in this Court
ATTORNEYS FOR PLAINTIFFS JACK SIEGEL* Co-Attorney in Charge
Siegel Law Group PLLC
M Sokolowski (MN # 0178366)* Ashley R. Thronson (MN
#0395947)* FREDRIKSON & BYRON, P.A. Attorneys for
Defendants *Admitted to practice in this Court Lawrence
Bender (ND Bar No. 03908) Danielle M. Krause (ND Bar No.
06874) FREDRIKSON & BYRON, PA.
Charles S. Miller, Jr., Magistrate Judge.
to Rule 26(f), counsel for the parties certify that on
November 16, 2016, they conferred by telephone person to
discuss the nature and basis of their clients' claims and
defenses, the possibilities for a prompt settlement or
resolution of the case, and a proposed discovery plan. After
conferring, counsel for the parties have agreed upon the
Litigation and Discovery Plan
this is an FLSA collective action potentially involving
dozens of potential plaintiffs, the Parties propose that the
case proceed in two separate phases which will affect all of
the deadline proposals sought by the Court's typical
Phase One is limited to the
Court's consideration of Plaintiffs' Motion for
Notice and Conditional Certification seeking court-approval
to send notice to the other similarly situated individuals
who worked for Defendants (or an Agreed Motion for Notice and
Conditional Certification if the Parties can reach
Phase Two: If the Court grants the
Motion for Notice and Conditional Certification (or if the
Parties agree on the motion), an opt-in period will be
established for individuals to file consents to join the
action. Phase Two of the case would begin immediately after
the close of any opt-in period or after the Court denies the
Motion. Because the size of the case will affect all of the
deadlines in the case, the Parties are ordered (1) to meet
and confer within 10 days after Phase Two begins for the
purpose of conducting a second Rule 16 conference which
addresses the deadlines and proposals set forth in the
Court's form Scheduling/Discovery Plan, and (2) to file,
within 14 days of the meeting, a proposed scheduling order
addressing the deadlines identified in the Court's form
parties will set a deadline for making Rule 26(a)(1)
disclosures in Phase Two of the case.
issues on which the parties need to conduct discovery are:
Phase One: None
Phase Two: The Parties will need discovery
concerning the nature and extent of Plaintiffs' job
duties, working hours, and compensation. Plaintiff will need
discovery of Defendants' efforts to comply with the FLSA.
fact discovery deadline and deadline to file discovery
motions will ...