Day v. Sierra Services, LLC

Western District of Texas, txwd-5:2019-cv-00066

STATUS REPORT by Sheldon Day.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION SHELDON DAY, Individually and § On Behalf of All Others Similarly § Situated, § § Plaintiff, § § v. § NO. 5:19-CV-00066-FB-HJB § SIERRA SERVICES, LLC, § § Defendant. § JOINT RULE 26(F) STATUS REPORT 1. Conference. Pursuant to Federal Rule of Civil Procedure 26(f), a conference was held on May 30, 2019, which was attended by: a. Melissa Moore and Curt Hesse of MOORE & ASSOCIATES – counsel for Sheldon Day, individually and on behalf of all others similarly situated ("Plaintiffs"); and b. Blake W. Stribling and Adam Kiehne of CHASNOFF MUNGIA PEPPING & STRIBLING – counsel for Sierra Services, LLC ("Defendant"). 2. Nature of Case. The parties considered the nature and basis of the claims and defenses at issue and agreed to define the class as: "All individuals who Defendant paid on a day-rate basis between January 2016 and January 2019." 3. Settlement. The parties agree there is a real possibility this case will settle after the notice/opt-in period. 4. Discovery Plan. The parties do not foresee significant discovery issues arising in this case. In addition: (A) No changes should be made in the timing, form, or requirement for disclosures under Rule 26(a). The parties will exchange initial disclosures under Rule 26(a)(1) by June 13, 2019. (B) The subjects on which discovery may be needed include: (i) the claims advanced by Plaintiffs and other similarly situated individuals who opt-in, and (ii) the defenses and mitigating factors advanced by Defendant. Pursuant to the parties Proposed Scheduling Order, discovery should be completed by September 30, 2019. Given the parties' agreement as to the class definition, discovery does not need to be conducted in phases. (C) The parties do not anticipate any issues about disclosure, discovery or preservation of electronically stored information. The parties agreed to produce electronically stored information (as well as copies of documents maintained in paper form) in PDF format and/or Excel format. (D) The parties do not anticipate any issues arising regarding claims of privilege or of protection as trial-preparation materials. (E) No changes should be made in the limitations on discovery imposed under the Federal Rules of Civil Procedure or by local rule, and no other limitations should be imposed. (F) The parties agreed to the entry of a Confidentiality and Protective Order. 13 2019 Dated: June __, Respectfully Submitted, Respectfully Submitted, MOORE & ASSOCIATES CHASNOFF MUNGIA PEPPING & STRIBLING, LLP By: By: /s/ Blake W. Stribling *with permission MAM Melissa Moore Blake W. Stribling State Bar No. 24013189 State Bar No. 24070691 Curt Hesse Adam C. Kiehne State Bar No. 24065414 State Bar No. 24054926 Lyric Center 1020 N.E. Loop 410, Suite 150 440 Louisiana Street, Suite 675 San Antonio, Texas 78209 Houston, Texas 77002 Telephone: (210) 469-4155 Telephone: (713) 222-6775 Facsimile: (713) 222-6739 ATTORNEYS FOR PLAINTIFF ATTORNEY FOR DEFENDANT CERTIFICATE OF SERVICE As required by FED. R. CIV. P. 5(a)(1), I certify that I served this document on all parties or their attorney(s) of record—which are listed below—on June 13, 2019, in accordance with FED. R. CIV. P. 5(b) as follows: Blake W. Stribling Adam C. Kiehne CHASNOFF MUNGIA PEPPING & STRIBLING, LLP 1020 N.E. Loop 410, Suite 150 San Antonio, Texas 78209 Attorneys for Defendant mail personal delivery leaving it at office dwelling leaving it with court clerk electronic means other means CM/ECF system Melissa Moore