Pearson v. Colt Oilfield Services, LLC et al

Western District of Texas, txwd-5:2018-cv-01029

Joint MOTION to Stay Case filed by Plaintiff and Defendants by Roy E Aguilar, Colt Oilfield Services, LLC.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION DOUGLAS PEARSON and JAMES ADKINS, individually and on behalf of all others similarly situated under 29 USC § 216(b), Plaintiff, Civil Action No. 5:18-cv-1029-OLG v. COLT OILFIELD SERVICES, LLC, TOTAL TANK SYSTEMS, LLC, and ROY E. (EDDIE) AGUILAR, Defendant. JOINT MOTION FOR STAY The Parties jointly file this Motion to Stay and respectfully request that the Court enter an Order staying this case for 90 days to allow the Parties to focus their resources on resolving this case, and in support show the Court the following: A. Background Plaintiff filed this collective action under the Fair Labor Standards Act ("FLSA") on October 1, 2018. ECF 1. On December 9, 2018, Plaintiff filed his First Amended Complaint, adding New Mexico Minimum Wage Act Class Action claims. ECF 16. The Court granted the Parties' stipulation to Step One Notice pursuant to the FLSA on January 15, 2019. ECF 25. Plaintiffs mailed notice on March 4, 2019. ECF 27. The opt-in period is now closed and approximately seven (7) total plaintiffs have filed consent forms to participate in this FLSA collective action. The Court recently entered its Scheduling Order, which provides the following deadlines for the case: Joint Motion to Stay Page - 1 • ADR Report Deadline: March 6, 2020 • Amended Pleading Deadline: May 13, 2019 • Discovery Deadline: December 9, 2019 • Joinder of Parties Deadline: May 13, 2019 • Motion Deadline: February 7, 2020 ECF 29. The Court has also set the Pretrial Conference for June 3, 2020 and a Jury Trial for June 8, 2020. Id. B. Stipulation The parties have conferred regarding this case and agree that their efforts are best served by making a serious attempt at resolving this case prior to beginning prolonged and expensive discovery efforts. Consequently, the parties jointly agree and request that the Court allow a stay of this case for a period of 120 days to avoid incurring unnecessary expense so the parties can focus their resources on early resolution of this matter. The Parties further agree that the following deadlines will govern the Settlement Efforts during the 120-day stay: • Defendants will produce payroll data and records reflecting the dates worked and the times worked (to the extent such records are maintained by Defendants) to Plaintiffs within twenty-one (21) days of the Court entering its stay Order ("Order") for the opt-in FLSA Plaintiffs; • Plaintiffs will prepare damage calculations and will make a demand to Defendants within twenty-eight (28) days of receiving said records; • The Parties will attempt settlement negotiations via their counsel; • In the event the Parties feel that it is necessary, the Parties shall agree to a mediator within seventy-five (75) days of this Order and will file a Joint Advisory notifying the Court of the name and address of the mediator, and if available, the date and time the mediation is scheduled; Joint Motion to Stay Page - 2 In the event the parties have not notified the Court of settlement within one-hundred twenty (120) days of the Court's Order, they will file a Joint Status Report notifying the Court of the status. Respectfully submitted, /s/ Jack Siegel w/permission JACK SIEGEL Attorney in Charge Texas Bar No. 24070621 SIEGEL LAW GROUP PLLC 2820 McKinnon, Suite 5009 Dallas, Texas 75201 Telephone: 214.790.4454 Email: TRAVIS M. HEDGPETH* Texas Bar No. 24074386 THE HEDGPETH LAW FIRM, PC 5438 Rutherglenn Drive Houston, Texas 77096 P: (512) 417-5716 ATTORNEYS FOR PLAINTIFF Joint Motion to Stay Page - 3 /s/Melissa Morales Fletcher Melissa Morales Fletcher, Of Counsel State Bar No. 24007702 Email: THE MORALES FIRM, P.C. 6243 IH 10 West, Suite 132 San Antonio, Texas 78201 Telephone: (210) 225-0811 Facsimile: (210) 225-0821 GOODE CASSEB JONES RIKLIN CHOATE & WATSON, P.C. KYLE WATSON Texas Bar No. 20971100 Jenna C. Castleman Texas Bar No. 24105583 2122 N. Main Avenue San Antonio, Texas 78212 Tel: (210) 733-6030 Fax: (210) 733-0330 ATTORNEYS FOR DEFENDANTS COLT OILFIELD SERVICES, LLC AND ROY E. AGUILAR CERTIFICATE OF SERVICE I certify that a copy of the foregoing was served on all counsel of record through the court's ECF system as of the date file-stamped thereon. /s/ Melissa Morales Fletcher MELISSA MORALES FLETCHER Joint Motion to Stay Page - 4