Chavez v. Excel Services Southeast, Inc. et al
ORDER by Magistrate Judge Boyd N. Boland on 12/4/14 re: Plaintiffs' Second Motion to Compel Discovery 39 and the Unopposed Motion for Modification of Scheduling Order 44 . The Motion to Compel 39 is GRANTED IN PART and DENIED IN PART. The Motion to Extend Schedule 44 is GRANTED as specified and the case schedule is modified. (bsimm, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 13-cv-03299-CMA-BNB
MARGARITA HERRERA, and
ANA MARIA PEINADO-NOVOA
on behalf of themselves and all
others similarly situated,
EXCEL SERVICES SOUTHEAST, INC.,
EXCEL SERVICES NETWORK, INC., and
JAMES DAVID SAXTON,
This matter is before me on the following:
Plaintiffs’ Second Motion to Compel Discovery [Doc. # 39, filed 10/20/2014]
(the “Motion to Compel”); and
Plaintiffs’ Unopposed Motion for Modification of Scheduling Order [Doc. #
44, filed 12/1/2014] (the “Motion to Extend Schedule”).
I held a hearing on the motions this morning and made rulings on the record, which are
IT IS ORDERED:
The Motion to Compel [Doc. # 39] is GRANTED IN PART and DENIED IN
PART as follows:
•GRANTED to require the defendants to make available to the plaintiffs, on or
before December 18, 2014, the defendants’ electronic Quickbooks payroll database insofar as it
contains addresses, Social Security numbers, and weekly payment data for the 215 identified
potential collective action plaintiffs, including, if it exists, any program that converts the
Quickbooks data to a report in the form of Plaintiffs’ Exhibit 29 [Doc. # 39-2].
•GRANTED to require the defendants to make available for inspection and
copying the approximately 106 customer files which contain the missing 302 sheets previously
marked by apparently not copied. The defendants shall bear the cost of pulling the identified
files, and the plaintiffs shall bear the cost of identifying the particular missing pages and copying
them. The files shall be made available to the plaintiffs at a date and time as the parties may
agree, but not later than January 30, 2015.
•DENIED without prejudice insofar as it seeks production of 190 missing files.
On or before December 18, 2014, the parties shall conduct additional conferences under
D.C.COLO.LCivR 7.1A in an attempt to resolve or narrow this dispute.
The Motion to Extend Schedule [Doc. # 44] is GRANTED as specified and the
case schedule is modified to the following extent:
Deadline to Join Parties and
February 13, 2015
Deadline to Give Notice of
February 16, 2015
Deadline to Opt-In to
45 days after notice is given
Deadline to File Motion for Rule 23
Class Action Certification:
May 14, 2015
July 14, 2015
Dispositive Motions Deadline and
to File Motion to Decertify
August 30, 2015
The parties shall designate all experts and provide
opposing counsel with all information specified in
Fed. R. Civ. P. 26(a)(2) on or before may 15, 2015
The parties shall designate all rebuttal experts and
provide opposing counsel with all information
specified in Fed. R. Civ. P. 26(a)(2) on or before
June 15, 2015
Final Pretrial Conference: The final pretrial conference set for
August 10, 2015, at 9:00 a.m., is VACATED and RESET to
November 4, 2015, at 9:00 a.m. A Final Pretrial Order shall be
prepared by the parties and submitted to the court no later than
October 29, 2015.
The plaintiffs’ request for an order tolling the statute of limitation applicable to
the claims of opt-in plaintiffs is DENIED without prejudice. Any such relief shall be made by a
The plaintiffs’ request for an award of their costs and attorneys’ fees in
connection with the Motion to Compel and Motion to Extend Schedule is DENIED.
Dated December 4, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
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