Allen et al v. Pulaski County

Filing 31

ORDER granting 14 Pulaski County's Motion for Expanded Written Discovery; the County has permission to propound the proposed interrogatories filed with its motion; the County must seek leave of Court before conducting more than the maximum number of depositions permitted under the FRCP. Signed by Judge Susan Webber Wright on 6/6/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

CHRISTOPHER ALLEN, ET AL.
Plaintiff
V.
PULASKI COUNTY
Defendant

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NO: 4:10CV1514 SWW

ORDER
Approximately ninety plaintiffs bring this putative collective action against Pulaski
County pursuant to the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201- 219. Before the
Court is the County’s motion for expanded written discovery. In an effort to avoid the time and
cost associated with deposing each plaintiff, the County requests permission to propound more
than 25 interrogatories to each plaintiff. Along with its motion, the County provides a copy of
its proposed interrogatories, the majority of which require the plaintiff to state the number of
hours he or she claims for each of 67 work periods at issue in this case.
Plaintiffs respond that they have no objection to an expansion of written discovery,
provided that County agrees that its discovery requests will be limited to the proposed
interrogatories, which will “take the place of deposing each of the witnesses.” Docket entry#20,
at 2. The County replies that it is possible that responses to the proposed written interrogatories
will necessitate further discovery, and it cannot agree that further discovery will not be
warranted.

The County’s motion for expanded written discovery (docket entry #14) is GRANTED.
The County has permission to propound the proposed interrogatories filed with its motion. This
grant of expanded written discovery does not limit the County’s ability to depose individual
plaintiffs; however, the County must seek leave of Court before conducting more than the
maximum number of depositions permitted under the Federal Rules of Civil Procedure.
IT IS SO ORDERED THIS 6TH DAY OF JUNE, 2011.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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