Vilchez v. 3F Management, LLC

Filing 16

ORDER granting in part and denying in part 15 Joint Motion to Continue Deadlines Contained in this Court's FLSA Scheduling Order and Motion to Allow Plaintiff's Counsel to Appear Telephonically. Signed by Magistrate Judge Carol Mirando on 1/12/2017. (LS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
BAYARDO VILCHEZ,
Plaintiff,
v.

Case No: 2:16-cv-652-FtM-99CM

3F MANAGEMENT, LLC,
Defendant.
ORDER
This matter comes before the Court upon review of the Joint Motion to
Continue Deadlines Contained in this Court’s FLSA Scheduling Order and Motion to
Allow Plaintiff’s Counsel to Appear Telephonically (Doc. 15) filed on January 11,
2017. The Court’s Fair Labor Standards Act Scheduling Order requires counsel for
both parties to meet and confer in person in a good faith effort to settle all pending
issues, including attorneys’ fees and costs, no later than January 6, 2017. Doc. 13 at
2. The parties seek to extend this deadline to February 23, 2017. Doc. 15 at 2. The
Court will grant this request.
Plaintiff’s attorney also requests to appear telephonically at the settlement
conference. Id. This Court, however, has emphasized that “the most advantageous
vehicle through which to encourage early discussion and possible resolution of FLSA
cases is the conduct of an in-person settlement conference between counsel before the
general discovery phase begins.” Vega v. Circle K Stores, Inc., No. 2:14-cv-298-FtM38CM, 2014 WL 4101642, at *2 (M.D. Fla. Aug. 20, 201 4). Although Plaintiff’s

counsel represents that he will be unable to travel to Fort Myers, Florida in the next
thirty days, the Court is granting an extension of the deadline beyond thirty days.
Thus, the Court will deny this request. Should Plaintiff’s counsel need additional
time within which to comply with the in-person requirement, the Court will entertain
any reasonable requests.
ACCORDINGLY, it is hereby
ORDERED:
1.

Joint Motion to Continue Deadlines Contained in this Court’s FLSA

Scheduling Order and Motion to Allow Plaintiff's Counsel to Appear Telephonically
(Doc. 15) is GRANTED in part and DENIED in part.
2.

By February 23, 2017, counsel for Plaintiff and Defendant shall meet

and confer in person in a good faith effort to settle all pending issues, including
attorneys’ fees and costs, and fully comply with paragraph four of the Court’s
Scheduling Order (Doc. 13 ¶ 4).
3.

By March 15, 2017, the parties shall jointly file a Report Regarding

Settlement that is in strict compliance with paragraph five of the Court’s Scheduling
Order (Doc. 13 ¶ 5).
DONE and ORDERED in Fort Myers, Florida on this 12th day of January,
2017.

Copies: Counsel of record

-2-