Alcazar et al v. Walgreen Company

Filing 16

ORDER DENYING JOINT MOTION TO STAY ALL PROCEEDINGS AND, FOLLOWING STAY, TO PERMIT A SECOND AMENDED COMPLAINT [#5]. Signed by District Judge Gershwin A. Drain. (Bankston, T)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
SANDRA ALCAZAR, et al.,
Plaintiffs,
Case No. 14-cv-13739
HON. GERSHWIN A. DRAIN

vs.

WALGREENS CO., d/b/a
WALGREENS,
Defendant.
_____________________________/
ORDER DENYING JOINT MOTION TO STAY ALL PROCEEDINGS AND,
FOLLOWING STAY, TO PERMIT A SECOND AMENDED COMPLAINT [#5]
On September 30, 2014, Plaintiffs filed an Amended Complaint pursuant to the Fair
Labor Standards Act, 29 U.S.C. § 201 et seq. Presently before the Court is the parties’ Joint
Motion to Stay All Proceedings and Following Stay, to Permit a Second Amended
Complaint, filed on December 31, 2014.
In the present motion, the parties indicate that the First Amended Complaint will need
to be amended in order to include certain information that is missing in the Amended
Complaint, including but not limited to, the dates each of the thirty-eight (38) Plaintiffs were
employed with Defendant, and the specific store where each Plaintiff worked as an Executive
Assistant Manager. The parties further argue that they are interested in participating in early

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settlement discussions and believe it will be a waste of time to engage in scheduling
conferences, formal discovery and motion practice.
On February 10, 2015, the parties appeared for a scheduling conference in this matter.
At the conference, the parties discussed the nature and status of the case. The Court and the
parties agreed to permit amendment of the pleadings no later than March 20, 2015. Upon
consideration of the discussion at the conference and the present motion, the Court does not
find a stay of the instant proceedings is warranted under the circumstances.
Accordingly, the parties’ Joint Motion to Stay All Proceedings and, Following Stay,
to Permit a Second Amended Complaint [#5] is DENIED.
SO ORDERED.
Dated: February 11, 2015

/s/Gershwin A Drain
GERSHWIN A. DRAIN
UNITED STATES DISTRICT JUDGE

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