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Cline v. DC Power Tong LLC

United States District Court, D. North Dakota

November 17, 2016

JEFF CLINE, MATTHEW SIMMONS, AND ALL OTHERS SIMILARLY SITUATED UNDER 29 USC § 216b, Plaintiffs,
v.
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

          Joseph 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.

          SCHEDULING/DISCOVERY PLAN

          Charles S. Miller, Jr., Magistrate Judge.

         Pursuant 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 following:

         Two-Phase Litigation and Discovery Plan

         Because 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 Scheduling Order:

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 agreement).
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 Scheduling/Discovery Plan

         Additional Issues

         1. The parties will set a deadline for making Rule 26(a)(1) disclosures in Phase Two of the case.

         2. The 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.

         3. The fact discovery deadline and deadline to file discovery motions will ...


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