Whiteman v. Wardlaw Consulting Services, Inc. et al

Western District of Texas, txwd-6:2016-cv-00312

ORDERS that Plaintiff file a brief status update by Friday, May 5, 2017. In the event that the deadline for the Joint Proposed Scheduling Order and Case Management Plan has passed at the time of this order, the parties are ORDERED to file their Joint Proposed Scheduling Order and Case Management Plan by Friday, May 5, 2017, and show cause as to why the joint filing was not made timely. Signed by Judge Robert Pitman.

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Case 6:16-cv-00312-RP-JCM Document 17 Filed 04/28/17 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION TIMOTHY WHITEMAN, Individually, § and on Behalf of Others Similarly Situated, § § Plaintiff, § § v. § 6:16-CV-312-RP § WARDLAW CONSULTING SERVICES, § INC., WILLIAM F. WARDLAW, § MICHAEL N. WARDLAW, and § REBECCA W. MEADOWS, § § Defendants. § ORDER Before the Court is the above-styled cause of action, which was filed in this Court on August 5, 2016. On January 18, 2017, Magistrate Judge Jeffrey Manske issued an Order Granting Plaintiff’s Motion for Notice to Potential Plaintiffs and for Conditional Certification. (Dkt. 16). That Order provided that Defendants would be required to produce the names and contact information of Potential Plaintiffs to Plaintiff within seven (7) days of the entry of the Order, that Plaintiff would be authorized to then mail, email, or text message Potential Plaintiffs the approved Notice and Consent forms, and that Potential Plaintiffs would have forty-five (45) days after the mailing date to file a consent form opting in to this litigation. It further provided that within fourteen (14) days after the close of the opt-in period, the parties would confer and file a Joint Proposed Scheduling Order and Case Management Plan. The Court acknowledges that this timeline does not specify the amount of time that Plaintiff is allowed to prepare and send Notice and Consent forms to Potential Plaintiffs, a task that could be quite time consuming. As it is unclear to the Court whether the close of the opt-in period has yet occurred, the Court ORDERS that Plaintiff file a brief status update by Friday, May 5, 2017, 1 Case 6:16-cv-00312-RP-JCM Document 17 Filed 04/28/17 Page 2 of 2 informing the Court of the opt-in date and the date the parties anticipate filing their Joint Proposed Scheduling Order and Case Management Plan. In the event that the deadline for the Joint Proposed Scheduling Order and Case Management Plan has passed at the time of this order, the parties are ORDERED to file their Joint Proposed Scheduling Order and Case Management Plan by Friday, May 5, 2017, and show cause as to why the joint filing was not made timely. SIGNED on April 28, 2017. ROBERT PITMAN UNITED STATES DISTRICT JUDGE 2