Helmert et al v. Butterball LLC

Filing 439

OPINION AND ORDER granting deft's 317 Motion in Limine to remove from pltfs' witness list "any plant manager or supervisor not listed above", including all Huntsville and Ozark current and past production supervisors and shift managers. Signed by Chief Judge J. Leon Holmes on 7/27/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
SHEILA HELMERT, WILMA BROWN, and
LORI WEST, individually and on behalf of all others
similarly situated
v.

PLAINTIFFS

No. 4:08CV00342 JLH

BUTTERBALL, LLC

DEFENDANT
OPINION AND ORDER

Pending before the Court is the defendant’s Motion in Limine to Strike Witnesses from the
Plaintiffs’ Fact Trial Witness Disclosures. On November 30, 2010, the parties submitted fact
witness lists, as required by the Court’s Final Scheduling Order. In addition to specifically named
witnesses, the plaintiffs’ witness list included “any opt-in plaintiff not listed above”; “any plant
manager or supervisor not listed above,” including all Huntsville and Ozark “current and past
production supervisors and shift managers”; Jonathan Krinheim, Counsel for the Office of Solicitor
of the U.S. Department of Labor; and Stephen Munger and Christopher Lauderdale, attorneys of
record for Butterball. Document #297. On March 3, 2011, Butterball filed its motion to strike these
witnesses from the plaintiffs’ witness list. In their response, the plaintiffs agreed to remove Stephen
Munger and Christopher Lauderdale from their witness list. A motion hearing was held on June 22,
2011, regarding this and other motions. At the hearing, the plaintiffs stated that they would not be
calling Jonathan Krinheim as a witness. The parties also agreed that the plaintiffs would remove
“any opt-in plaintiff not listed above” from their witness list but would reserve the right to amend
that list for good cause. The only issue left to resolve, then, is whether “any plant manager or
supervisor not listed above,” including all Huntsville and Ozark current and past production
supervisors and shift managers, should be stricken from the plaintiffs’ witness list.

In their briefs, the plaintiffs argue that any plant manager or supervisor not specifically listed
by name is a potential witness since, at the time the briefs were filed, Butterball managers and
supervisors had not yet been deposed. The plaintiffs stated in their surreply that, “by the end of April
no mystery will exist as to which managers/supervisors will be potential fact witnesses at trial.”
Document #346, at 2.
Since that April deadline has long since passed, the Court GRANTS Butterball’s motion to
remove from the plaintiffs’ witness list “any plant manager or supervisor not listed above,” including
all Huntsville and Ozark current and past production supervisors and shift managers. Document
#317. As with the opt-in plaintiffs, however, the plaintiffs may amend their list of managers and
supervisors for good cause or to include any managers and supervisors who have been deposed in
the Helmert case and are not specifically listed.
IT IS SO ORDERED this 27th day of July, 2011.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE

2