Pearson v. Colt Oilfield Services, LLC et al

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

Proposed Order

Interested in this case?

Current View

Full Text

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. ORDER ON MOTION FOR STAY The Court has reviewed the Parties' Joint Motion for Stay and believes that it should be and hereby is GRANTED. Accordingly, it is ORDERED that this case is stayed for 120 days and that the following deadlines will govern the Parties' settlement efforts during the 90-day stay: • Defendants will produce payroll data and records reflecting the dates worked and the time worked (to the extent such records are maintained by Defendants) to Plaintiffs within twenty-one (21) days of the Court entering its 120-day 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. In the event the parties have not notified the Court of settlement within one-hundred twenty (120) days of this Order, they shall file a Joint Status Report notifying the Court of the status. IT IS SO ORDERED. SIGNED on _______________, 2019. ________________________________ UNITED STATES DISTRICT JUDGE \