Pruitt et al v. Act Fast Delivery, Inc. et al

Western District of Texas, txwd-5:2019-cv-00049

Rule 26(f) Discovery Report/Case Management Plan by Act Fast Courier of Texas, Inc., Act Fast Delivery of Houston, Inc., Act Fast Delivery of S.A., Inc., Act Fast Delivery of Travis County, Inc., Act Fast Delivery of Tyler, Inc., Act Fast Delivery, Inc., Act Fast of Coastal Bend, Inc., Mike D Miller.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION SANDRA PRUITT, JASMINE § HUNTSBERRY, YUVANNDA § WATSON, AYAN NUR, and KAREN § LAWSON, Individually and § On Behalf of All Others Similarly § Situated, § Plaintiffs, § § V. § § C.A. No. 5:19-CV-00049-DAE ACT FAST DELIVERY, INC.; ACT § FAST COURIER OF TEXAS, INC.; § ACT FAST DELIVERY OF § HOUSTON, INC.; ACT FAST OF § COASTAL BEND, INC.; ACT FAST § DELIVERY OF S.A., INC.; ACT § FAST DELIVERY OF TYLER, § INC.; ACT FAST DELIVERY OF § TRAVIS COUNTY, INC.; and § MIKE MILLER; § Defendants § JOINT DISCOVERY/CASE MANAGEMENT PLAN UNDER RULE 26(f) FEDERAL RULES OF CIVIL PROCEDURE TO THE HONORABLE UNITED STATES DISTRICT JUDGE: COME NOW, Sandra Pruitt, Jasmine Huntsberry, Yuvannda Watson, Ayan Nur, and Karen Lawson (collectively referred to as "Plaintiffs") and Defendants, Act Fast Delivery, Inc. Act Fast Courier of Texas, Inc., Act Fast Delivery of Houston, Inc., Act Fast of Coastal Bend, Inc., Act Fast Delivery of S.A., Inc., Act Fast Delivery of Tyler, Inc., Act Fast Delivery of Travis County, Inc., and Mike Miller (collectively referred to as "Defendants"), and files this Joint Discovery/Case Management Plan Under Rule 26(f) Joint Discovery/Case Management Plan under Rule 26(f) Federal Rules of Civil Procedure Page 1 of 9 Federal Rules of Civil Procedure, and in support hereof would respectfully show the Court as follows: 1. State where and when the meeting of the parties required by Rule 26(f) was held, and identify the counsel who attended for each party. a. The Parties conferred by telephone on July 9, 2019. Attorneys Bridget Davidson and Curt Hesse were present for the Plaintiffs; Attorney Joseph F. Colvin, Jr. was present for the Defendants. 2. List the cases related to this one that are pending in any state or federal court with the case number and court. a. There are no related cases pending in any state or federal court. 3. Briefly describe what this case is about. a. This case arises under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq. Plaintiffs were couriers, dispatchers, operations managers, or office managers for Defendants. Plaintiffs allege, during the applicable time period, Defendants failed to pay Plaintiffs overtime for workweeks in which Plaintiffs worked in excess of forty hours. Plaintiffs seek to bring a class on behalf of "all local drivers, during the last three years." 4. Specify the allegation of federal jurisdiction. a. The court has jurisdiction as the matter presents a federal question under the FLSA. 5. Name the parties who disagree and the reasons. Joint Discovery/Case Management Plan under Rule 26(f) Federal Rules of Civil Procedure Page 2 of 9 a. All parties agree the court has jurisdiction. 6. List anticipated additional parties that should be included, when they can be added, and by whom they are wanted. a. Plaintiffs anticipate filing a motion for this Court to certify this matter as a collective action. If the Court certifies this matter as a collective action, additional plaintiffs, in the form of opt-ins under the FLSA may be added over the course of this litigation and through any Court- authorized opt-in period. 7. List anticipated interventions. a. Neither Plaintiffs nor Defendants anticipate any interventions. 8. Describe class-action issues. a. Plaintiffs have alleged FLSA collective action allegations under 29 U.S.C. § 216(b) as to the following class: all couriers employed by Act Fast during the last three years who were paid by the route or job or otherwise not paid proper overtime; all dispatchers employed by Act Fast during the last three years who were paid hourly without overtime compensation; all operations managers employed by Act Fast during the last three years who were paid on a salary basis; and, all office managers employed by Act Fast during the last three years who were paid on a salary basis. Defendants have specifically denied Plaintiffs' collective action allegations. Joint Discovery/Case Management Plan under Rule 26(f) Federal Rules of Civil Procedure Page 3 of 9 9. State whether each party represents that it has made the initial disclosures required by Rule 26(a). If not, describe the arrangements that have been made to complete the disclosures. a. Plaintiff and Defendants have agreed to exchange Rule 26(a) disclosures by August 8, 2019. 10. Describe the proposed agreed discovery plan, including: A. Responses to all the matters raised in Rule 26(f). a. The Parties do not anticipate any need to alter the rules of discovery. B. When and to whom the plaintiff anticipates it may send interrogatories. a. Plaintiff anticipates sending interrogatories to each Defendant by April 15, 2020. C. When and to whom the defendant anticipates it may send interrogatories. a. Each Defendant anticipates sending interrogatories to the Plaintiff by April 15, 2020. D. Of whom and by when the plaintiff anticipates taking oral depositions. a. Plaintiff anticipates taking the deposition of the Corporate Representatives for each Defendant. Plaintiff will take such deposition by April 15, 2020. E. Of whom and by when the defendant anticipates taking oral depositions. a. Defendants anticipate taking the Plaintiff's deposition. Defendants will take such deposition by April 15, 2020. Joint Discovery/Case Management Plan under Rule 26(f) Federal Rules of Civil Procedure Page 4 of 9 F. When the plaintiff (or the party with the burden of proof on an issue) will be able to designate experts and provide the reports required by Rule 26(a)(2)(B), and when the opposing party will be able to designate responsive experts and provide their reports. a. The party with the burden of proof on an issue will designate experts by January 10, 2020. The opposing party will designate responsive experts by February 10, 2020. G. List expert depositions the plaintiff (or the party with the burden of proof on an issue) anticipates taking and their anticipated completion date. See Rule 26(a)(2)(B) (expert report). a. Plaintiffs do not anticipate the need of an expert deposition at this time. H. List expert depositions the opposing party anticipates taking and their anticipated completion date. See Rule 26(a)(2)(B) (expert report). a. Defendants do not anticipate the need of an expert deposition at this time. 11. If the parties are not agreed on a part of the discovery plan, describe the separate views and proposals of each party. a. The parties are in agreement on the discovery plan. 12. Specify the discovery beyond initial disclosures that has been undertaken to date. a. No discovery beyond initial disclosures has been undertaken to date. 13. State the date the planned discovery can reasonably be completed. Joint Discovery/Case Management Plan under Rule 26(f) Federal Rules of Civil Procedure Page 5 of 9 a. Planned discovery can be reasonably completed by April 15, 2020. 14. Describe the possibilities for a prompt settlement or resolution of the case that were discussed in your Rule 26(f) meeting. a. The Parties believe there is a strong chance for a prompt settlement or resolution. 15. Describe what each party has done or agreed to do to bring about a prompt resolution. a. The Parties have agreed to cooperate in good faith to attempt to resolve this dispute between them. 16. From the attorneys' discussion with the client, state the alternative dispute resolution techniques that are reasonably suitable, and state when such a technique may be effectively used in this case. a. The Parties intend to attempt to resolve this dispute between them, but agree mediation may be suitable should those attempts fail. 17. Magistrate judges may now hear jury and non-jury trials. Indicate the parties' joint position on a trial before a magistrate judge. a. Plaintiffs are opposed to a trial before a magistrate judge. Defendants are unopposed to a trial before a magistrate judge. 18. State whether a jury demand has been made and if it was made on time. a. Plaintiff has not made a jury demand. 19. Specify the number of hours it will take to present the evidence in this case. Joint Discovery/Case Management Plan under Rule 26(f) Federal Rules of Civil Procedure Page 6 of 9 a. Plaintiffs' statement: Plaintiffs anticipates at this time that it will take approximately 24 hours, or about 3 days, to present evidence in this case; however, the number of hours depends on whether conditional certification of the putative collective action is granted, and, if it is, the number of opt-in/opt-out plaintiffs and timing of the opt-in/opt- out period. b. Defendants believe it will take approximately 1 day unless conditional certification of the putative collective action is granted, and a significant number of plaintiffs opt-in. 20. List pending motions that could be ruled on at the initial pretrial and scheduling conference. a. Defendants' Motion to Compel Arbitration of Claims Filed by Plaintiffs Sandra Pruitt, Karen Lawson, Ayan Nur and Jasmine Huntsberry. 21. List other motions pending. a. None. 22. Indicate other matters peculiar to this case, including discovery that deserve the special attention of the court at the conference. a. None. 23. List the names, bar numbers, addresses and telephone numbers of all counsel. a. See below. Joint Discovery/Case Management Plan under Rule 26(f) Federal Rules of Civil Procedure Page 7 of 9 Respectfully submitted, HUGHES WATTERS ASKANASE, L.L.P. By: /s/ Joseph F. Colvin, Jr. Joseph F. Colvin, Jr. TBN: 24072777 Fed. I.D. No. 1512984 Total Plaza 1201 Louisiana, 28th Floor Houston, Texas 77002 Phone: (713) 759-0818 Fax: (713) 759-6834 jcolvin@hwa.com ATTORNEYS FOR DEFENDANTS MOORE & ASSOCIATES By: /s/ Melissa Moore Melissa Moore State Bar No. 24013189 melissa@mooreandassociates.net Curt Hesse State Bar No. 24065414 curt@mooreandassociates.net Bridget Davidson State Bar No. 24096858 bridget@mooreandassociates.net Lyric Center 440 Louisiana St., Suite 675 Houston, Texas 77002 Telephone: (713) 222-6775 Facsimile: (713) 222-6739 ATTORNEY FOR PLAINTIFFS Joint Discovery/Case Management Plan under Rule 26(f) Federal Rules of Civil Procedure Page 8 of 9 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Joint Discovery/Case Management Plan under Rule 26(f) Federal Rules of Civil Procedure was served on the following counsel of record via the Court's ECF Filing System on the 10th day of July 2019: Melissa Moore – melissa@mooreandassociates.net Moore & Associates Lyric Center 440 Louisiana, Ste. 675 Houston, Texas 77002 Bridget Dale Davidson – bridget@mooreandassociates.net Moore & Associates Lyric Center 440 Louisiana, Ste. 675 Houston, Texas 77002 Curt Christopher Hesse – curt@mooreandassociates.net Moore & Associates Lyric Center 440 Louisiana, Ste. 675 Houston, Texas 77002 By: /s/ Joseph F. Colvin, Jr. Joseph F. Colvin, Jr. Joint Discovery/Case Management Plan under Rule 26(f) Federal Rules of Civil Procedure Page 9 of 9