Saldana v. Mission Drywall, Inc. et al

Western District of Texas, txwd-5:2018-cv-01060

ADR Report Filed - by Michael Saldana

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION § MICHAEL SALDAÑA, § Individually and on behalf § of all others similarly situated, § § Civil Action No. 5:18-cv-01060-FB Plaintiff, § § v. § JURY TRIAL DEMANDED § MISSION DRYWALL, INC., BOB MUTZ, § and DAVID ERNST, § COLLECTIVE ACTION § PURSUANT TO 29 U.S.C. § 216(b) Defendants. § § JOINT REPORT ON ALTERNATIVE DISPUTE RESOLUTION TO THE HONORABLE JUDGE OF SAID COURT: COME NOW Defendants MISSION DRYWALL, INC., BOB MUTZ, and DAVID ERNST (collectively "Defendants") and Plaintiff MICHAEL SALDAÑA, and pursuant to the Scheduling Order and Rule CV-88 of the Local Rules of the United States District Court for the Western District of Texas, file this their Joint Report on Alternative Dispute Resolution and would show unto the Court as follows: I. The parties have engaged in resolution discussions and expect these discussions to continue. Plaintiff submitted a written settlement demand on July 24, 2019 and Defendants are in the process of reviewing this settlement demand. II. Michael Galo of Galo Law Firm P.C., counsel for Defendants Mission Drywall, Inc. and David Ernst and David Evans of David Evans Attorney & Counselor at Law, counsel for Defendant Bob Mutz, are responsible for settlement negotiations for Defendants. Carter Hastings, counsel for Plaintiff, is responsible for settlement negotiations for Plaintiff. III. The parties believe that if they cannot resolve this matter on their own, mediation is an appropriate ADR method that could be utilized after some discovery is completed. Respectfully submitted, /s/David Evans____________________________ David M. Evans Attorney & Counselor at Law State Bar No. 24032163 750 East Mulberry, Suite 407 San Antonio, Texas 78212 210.880.4606 (direct) 210.800.9876 (facsimile) ATTORNEY FOR DEFENDANT BOB MUTZ /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: ATTORNEY FOR DEFENDANTS MISSION DRYWALL, INC. and DAVID ERNST 2 /s/Carter Hastings Carter Hastings Texas Bar No. 24101879 Anderson Alexander, PLLC 819 Upper Broadway Corpus Christi, Texas 78401 Telephone: 361.454.1279 Email: ATTORNEY FOR PLAINTIFFS 3 CERTIFICATE OF SERVICE I hereby certify that on July 25, 2019, I electronically filed the foregoing document with the clerk of the court for the U.S. District Court, Western District of Texas, using the electronic case filing system of the court. The electronic case filing system sent a "Notice of Electronic Filing" to the attorneys of record who have consented in writing to accept this Notice as service of this document by electronic means. /s/ Carter T. Hastings Carter T. Hastings 4