Roberts v. Red Apple School, Inc.

Filing 17

ORDER: The Joint Motion to Conduct Discovery 16 is GRANTED as specified herein. The parties are directed to file a Case Management Report by September 18, 2013. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 9/12/2013. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MISTY ROBERTS,
Plaintiff,
v.

CASE NO:

8:13-cv-1411-T-33AEP

THE RED APPLE SCHOOL, INC.,
Defendant.
_______________________________/
ORDER
This matter is before the Court pursuant to the parties'
Joint Report Regarding Settlement Attempt (Doc. # 15) and
Joint Motion to Conduct Discovery (Doc. # 16), both filed on
September 9, 2013.

In these submissions, the parties request

the opportunity to conduct discovery and to participate in a
settlement

conference

Magistrate Judge.

presided

over

by

a

United

States

The Court grants the Motion as discussed

herein.
Discussion
The

Red

Apple

School,

Inc.

is

in

the

business

of

providing life skill services to adults in New Port Richey,
Florida.

(Doc. # 1 at ¶ 4).

Roberts is a former employee of

the Red Apple School and asserts that she was not compensated
appropriately for overtime hours in accordance with the Fair
Labor Standards Act. On May 30, 2013, Roberts filed an action

against

The

Red

Apple

School

compensation. (Doc. # 1).

for

recovery

of

overtime

The Red Apple School filed its

Answer and Affirmative Defenses on June 20, 2013. (Doc. # 5).
On that same date, the Court issued its FLSA Scheduling Order
(Doc. # 7), wherein the Court (1) mandated that the parties
exchange certain documents; (2) set forth a time table for
Roberts to respond to the Court's interrogatories and for The
Red Apple School to file its verified summary of Roberts'
hours worked and wages paid to Roberts; and (3) directed the
parties to engage in a settlement conference.

In the FLSA

Scheduling Order, the Court also presented the parties with
the

option

of

participating

in

a

settlement

conference

presided over by a United States Magistrate Judge.
At

this

juncture,

Roberts

has

answered

the

Court's

Interrogatories (Doc. # 12) and The Red Apple School has filed
a Verified Summary of Roberts' hours worked and the wages it
paid to Roberts. (Doc. # 13).

The parties participated in a

settlement conference; however, they were unable to reach an
accord.

The parties now notify the Court that they wish to

conduct discovery and that they would like to avail themselves
of the opportunity to participate in a settlement conference
before a United States Magistrate Judge.
In the Joint Motion, the parties indicate: "Upon the
2

entering of an Order granting this Motion, a joint Case
Management Report shall be filed by the attorneys."
16 at 2).

(Doc. #

Further, in the parties' Status Report, they

indicate: "Both attorneys have discussed dates for the Case
Management Report, and same shall be filed upon this Court's
granting of [the Motion to Conduct Discovery]." (Doc. # 15 at
2).
The Court determines that it is appropriate for the
parties to engage in discovery; however, pursuant to the Local
Rules, no party may engage in discovery until the case
management meeting is held. See Local Rule 3.05(c)(2)(B)
("Unless otherwise ordered by the Court, a party may not seek
discovery

from

any

source

before

the

[Case

Management]

meeting.").
The Court directs the parties to file a Case Management
Report by September 18, 2013.

Thereafter, the parties may

engage in discovery as contemplated by the Federal Rules of
Civil Procedure.

The Court acknowledges the parties' joint

statement that "it is the belief of both attorneys that a
settlement conference, and any informal settlement discussion,
will be more fruitful after positions can be supported through
discovery." (Doc. # 15 at 2).
in

discovery

and,

after

The parties should participate
the
3

desired

documentation

is

collected,

the

parties

may

reassert

their

request

to

participate in a settlement conference before a United States
Magistrate Judge.
Accordingly, it is their
ORDERED, ADJUDGED, and DECREED:
(1)

The Joint Motion to Conduct Discovery (Doc. # 16) is
GRANTED as specified herein.

(2)

The parties are directed to file a Case Management Report
by September 18, 2013.
DONE and ORDERED in Chambers in Tampa, Florida, this 12th

day of September, 2013.

Copies to:
All counsel of record

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