Chaves v. Cogent Medical Laboratory, LLC

Western District of Texas, txwd-5:2019-cv-00861

Rule 26(f) Discovery Report/Case Management Plan Joint Rule 26(f) Report by Cogent Medical Laboratory, LLC.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION § TONI CHAVES, § § Plaintiff, § v. § Civil Action No. 5:19-cv-00861-ESC § COGENT MEDICAL LABORATORY, § LLC, § § Defendant. § JOINT RULE 26(f) REPORT Pursuant to Federal Rule of Civil Procedure 26(f), Plaintiff, TONI CHAVES, and Defendant COGENT MEDICAL LABORATORY, LLC have conferred and submit the following report: The parties conferred on October 11, 2019. Chris R. Miltenberger was present for the Plaintiff. Michael V. Galo, Jr. was present for the Defendant. 1) Are there any outstanding jurisdictional issues? For removed cases based on diversity, jurisdiction, do the parties agree that the amount in controversy exceeded $75,000 at the time of removal? If not, each party should state its position on the amount in controversy. a) The Court has jurisdiction pursuant to the FLSA. 2) Are there any unserved parties? If more than 90 days have passed since the filing of the Complaint or petition, should these unserved parties be dismissed? a) There are no unserved parties. 3) What are the causes of action, defenses, and counterclaims in this case? What are the elements of the cause(s) of action, defenses, and counterclaims pled? JOINT RULE 26(F) REPORT PAGE 1 a) This is a claim for unpaid overtime under the FLSA. Plaintiff contends that she was non- exempt, that she worked in excess of forty hours in some workweeks, and that she was not paid the overtime premium for these overtime hours. Defendant contends that Plaintiff did not work the hours claimed, and that any overtime hours worked, if any, was minimal. 4) Are there any agreements or stipulations that can be made about any facts in this case or any elements in the cause(s) of action? a) None yet. However, the parties will revision this issue as discovery progresses. 5) State the parties' views and proposals on all items identified in Fed. R. Civ. P. 26(f)(3). a) No changes are needed with respect to the timing, form, or requirement of disclosures under Rule 26(a). b) Discovery shall be conducted on Plaintiff's job duties, hours worked, and compensation. c) The parties do not believe that there are any issues with respect to the disclosure, discovery, or preservation of electronically stored information. d) The parties have not identified any issues concerning claims of privilege or work product. e) There is no need for changes to the limitations on the scope or extent of discovery under the Rules, as this appears to be a garden-variety, single-plaintiff FLSA case. f) The parties do not believe that any orders are needed from the Court regarding Rules 26(c) ad 16(b) & (c). 6) What, if any, discovery has been completed? What discovery remains to be done? Have the parties considered conducting discovery in phases? a) No discovery has been conducted to date. Given that this is a single-plaintiff case under the FLSA, there is no need to conduct discovery in phases. 7) What, if any, discovery disputes exist? JOINT RULE 26(F) REPORT PAGE 2 a) None. 8) Have the parties discussed the desirability of filing a proposed order pursuant to Federal Rule of Evidence 502? a) The parties do not believe that an order pursuant to Rule 502 is necessary 9) Have the parties discussed mediation? Yes. However, the parties would like to explore resolution amongst themselves before submitting this case to mediation. Respectfully submitted, /S/ MICHAEL V. GALO, JR. Michael V. Galo, Jr. State Bar No. 00790734 GALO LAW FIRM, P.C. 4230 Gardendale, Bldg. 401 San Antonio, Texas 78229 Telephone: 210.616.9800 Facsimile: 210.616.9898 Email: mgalo@galolaw.com ATTORNEY FOR DEFENDANT /S/ CHRIS R. MILTENBERGER Chris R. Miltenberger State Bar No. 14171200 THE LAW OFFICE OF CHRIS R. MILTENBERGER, PLLC 1340 N. White Chapel, Suite 100 Southlake, Texas 76092 Telephone: 817.416.5060 Facsimile: 817.416.5062 Email: chris@crmlawpractice.com ATTORNEY FOR PLAINTIFF JOINT RULE 26(F) REPORT PAGE 3 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing has been served on the following counsel of record through the Court's electronic filing system, in accordance with the Federal Rules of Civil Procedure on this 15th day of October, 2019. Mr. Chris R. Miltenberger The Law Office of Chris R. Miltenberger, PLLC 1340 N. White Chapel, Suite 100 Southlake, Texas 76092 and Electronic Filing System /s/ Michael V. Galo, Jr. MICHAEL V. GALO, JR. JOINT RULE 26(F) REPORT PAGE 4