Whiteman v. Wardlaw Consulting Services, Inc. et al

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

Proposed Scheduling Order (JOINT) by TIMOTHY WHITEMAN. (O'Brien, Kerry)

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Case 6:16-cv-00312-RP-JCM Document 10 Filed 11/23/16 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION TIMOTHY D. WHITEMAN, § individually, and on behalf of others § similarly situated, § § CIVIL ACTION NO. 6:16-cv-312-Plaintiffs, § RP-JCM § v. § § WARDLAW CONSULTING § SERVICES, INC., WILLIAM F. § WARDLAW, MICHAEL N. § Collective Action under WARDLAW and REBECCA W. § 29 U.S.C. § 216(b) MEADOWS, § Defendants. NOTICE OF FILING OF JOINT PROPOSED SCHEDULING ORDER Due to the the unique two-phase process that applies to a collective action proceeding under the Fair Labor Standards Act of 1938, Plaintiffs and Defendants jointly submit the following attached Proposed Scheduling Order for the Court’s consideration. The Proposed Order allows for an initial phase ("Phase One") during which the parties will submit briefing to the Court regarding Plaintiffs’ request to certify this case as a collective action. Subsequent deadlines, including those within this Court’s standard proposed scheduling order form, cannot be determined until the Court resolves the issue of whether this matter shall proceed as an individual or collective action. The Proposed Order takes this two-step process into account. Case 6:16-cv-00312-RP-JCM Document 10 Filed 11/23/16 Page 2 of 4 Respectfully submitted,/s/Philip. E. McCleery (by KVO with permission) Philip E. McCleery Kerry V. O’Brien pmccleery@slmpc.com ko@obrienlawpc.com State Bar No. 13395000 Texas Bar No. 24038469 David M. Mathews dmathews@slmpc.com 1011 Westlake Drive State Bar No. 24058211 Austin, Texas 78746 phone: (512) 410-1960 510 N. Valley Mills Drive, Suite 500 fax: (512) 410-6171 Waco, TX 76710 254.772.8022 Telephone LEAD COUNSEL FOR PLAINTIFFS 254.772.9297 Facsimile ATTORNEYS FOR DEFENDANTS/s/J. Derek Braziel J. Derek Braziel Texas Bar No. 00793380 Jay Forester Texas Bar. No. 24087532 Lee & Braziel, L.L.P. 1801 N. Lamar Street, Suite 325 Dallas, Texas 75202 phone: (214) 749-1400 fax: (214) 749-1010 email: jdbraziel@l-b-law.com email: forester@l-b-law.com overtimelawyer.com CO-COUNSEL FOR PLAINTIFFS CERTIFICATE OF SERVICE I hereby certify that on November 23, 2016, I electronically filed the foregoing document with the Clerk of Court using the CM/ECF system, which will send notification of such filing to all registered counsel in this matter./s/Kerry V. O’Brien Kerry V. O’Brien Whiteman v. Wardlaw Consulting Services, Inc. et al./Phase One Scheduling Order 2 Case 6:16-cv-00312-RP-JCM Document 10 Filed 11/23/16 Page 3 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION TIMOTHY D. WHITEMAN, § individually, and on behalf of others § similarly situated, § § CIVIL ACTION NO. 6:16-cv-312 Plaintiffs, § § v. § § WARDLAW CONSULTING § SERVICES, INC., WILLIAM F. § Collective Action under WARDLAW, MICHAEL N. § 29 U.S.C. § 216(b) WARDLAW and REBECCA W. § MEADOWS, § Defendants. PHASE ONE SCHEDULING ORDER The Court will allow this matter to proceed in two phases. Phase One will be the Court’s consideration of Plaintiffs’ Motion for Notice and Conditional Certification ("Plaintiffs’ Motion"), or the entry of a stipulation where the Parties agree to notice. The deadlines will be as follows: 1. Plaintiff’s Motion is due on December 20, 2016. 2. Defendants’ Response is due on January 16, 2017. Subsequent replies and sur-replies will be due pursuant to the Local Rules for the United States District Courts for the Western District of Texas. Phase Two will involve the merits of the claims and defenses, during which the parties will engage in full discovery regarding such claims and defenses. Phase Two will begin at the conclusion of the opt-in period or the day the Court denies Plaintiff’s Motion by written order. The Parties shall meet and confer within 30 days after Phase Two begins for the purpose of Whiteman v. Wardlaw Consulting Services, Inc. et al./Phase One Scheduling Order 3 Case 6:16-cv-00312-RP-JCM Document 10 Filed 11/23/16 Page 4 of 4 conducting a second Rule 16 conference. The Parties shall then file, within 14 days of the second Rule 16 meeting, a proposed scheduling order pursuant to the Court’s proposed scheduling order form. So ORDERED this day of, 2016. ___________________________ Presiding Judge Whiteman v. Wardlaw Consulting Services, Inc. et al./Phase One Scheduling Order 4