Green et al v. Drake Beam Morin, Inc.

Filing 73

ADDENDUM TO E-DISCOVERY PROTOCOL ORDER signed by Magistrate Judge Craig B. Shaffer on 3/12/12. (cbssec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Case No. 11-cv-01063-REB-CBS
JOHN GREEN and ELIZABETH ENRIGHT,
individually and on behalf of others similarly situated,
Plaintiffs,
v.
DRAKE BEAM MORIN, INC.,
Defendant.

ADDENDUM TO E-DISCOVERY PROTOCOL

Pursuant to the Court’s Minute Entry (doc. #55) and the Court’s further direction during the
Scheduling Conference on January 24, 2012, Plaintiffs and Defendant Drake Beam Morin, Inc. submit the
following addendum to the e-discovery protocol for Court approval and inclusion in the Scheduling Order:
1.

In this case, Plaintiffs allege that Defendant violated the Fair Labor Standards Act

(“FLSA”) by failing to pay Plaintiffs and other similarly situated consultants for hours worked and failing
to pay overtime. Defendant has denied the material allegations of Plaintiffs’ complaint and asserted various
other defenses. The Court granted Plaintiffs’ motion for conditional certification (doc. #44). Notice was
mailed on January 20, 2012. The notice period ends on April 19, 2012.
2.

Plaintiffs took depositions of Defendant’s corporate representatives regarding IT topics on

February 28, 2012.
3.

Pursuant to the Court’s order, the parties have conferred regarding electronically stored

information (“ESI”) that may be relevant to this matter following conditional certification, and have agreed
on the following protocol for discovery of ESI.

a.

Electronic Scheduler, Orbit and Time Records

Plaintiffs have requested, and Defendant has agreed to produce, Scheduler records, Orbit records,
web time sheets and ADP records in electronic format for all opt-ins for the relevant time period.
Defendant has agreed to begin production on a rolling basis.
b.

Electronic Time Stamps

Plaintiffs have requested, and Defendant has agreed to produce, electronic time stamp logs for all
opt-ins’ activity in Orbit, ADP, client portal, customer portal, mydbm.com, WebEx (if available from the
vendor) and Microsoft live meeting (if available from the vendor) for the relevant time period. Defendant
has agreed to begin production on a rolling basis.
c.

Email

Plaintiffs have requested, and Defendant has agreed to produce, all email in the email boxes of all
opt-ins in their native format. Further, Plaintiffs have requested, and Defendant has agreed to search, the
email boxes of all employees with supervisory authority over consultants with agreed-upon search terms to
be decided no later than April 1, 2012. Defendant has agreed to begin production on a rolling basis.
DATED at Denver, Colorado, this 12th day of March, 2012.
BY THE COURT:

s/Craig B. Shaffer
Craig B. Shaffer
United States Magistrate Judge

APPROVED:

/s/ Jack D. McInnes________
Jack D . McInnes
Steve Siegel Hanson LLP
460 Nichols Road, Suite 200
Kansas City, Missouri 64112
Telephone: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiffs
/s/ Darin Mackender______________
Darin Mackender
Fisher & Phillips LLP
1999 Broadway, Suite 3300
Denver, Colorado 80202
Telephone: [phone]
Telefax: [phone]
Email: [e-mail]
Attorneys for Defendant

/s/ Daniel A. Sloane________________
Daniel A. Sloane
Hillyard, Wahlberg, Kudla & Sloane LLP
4601 DTC Boulevard, Suite 300
Denver, Colorado 80237
Telephone: [phone]
Telefax: [phone]
Email: [e-mail]