Gaffers v. Kelly Services, Inc.

Filing 54

ORDER Regarding Parties' Preliminary Motions (granting in part 39 Motion to Strike; denying without prejudice 40 Motion to Strike; finding as moot 43 Motion to Compel; denying in part 25 Motion to Compel; denying 27 Motion to Stay; denying without prejudice 31 Motion to Reschedule Hearing on Certification). Signed by District Judge David M. Lawson. (SPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JONATHAN GAFFERS,
Plaintiff,
v.

Case Number 16-10128
Honorable David M. Lawson

KELLY SERVICES, INC.,
Defendant.
______________________________/
ORDER REGARDING PARTIES’ PRELIMINARY MOTIONS
This matter is before the Court on the plaintiff’s motion conditionally to certify the case as
a collective action under the Fair Labor Standards Act (FLSA), the defendant’s motion to dismiss,
and a slew of preliminary procedural motions filed by the parties. The Court has reviewed the
submissions of the parties and held a hearing on April 6, 2016 in which it addressed the parties’
preliminary motions and announced from the bench its ruling as to each of them.
Accordingly, it is ORDERED that the defendant’s motion to stay consideration of the
plaintiff’s motion for conditional class certification [dkt. #27] is DENIED for the reasons stated on
the record. The defendant must file its response to the motion to certify class on or before April
22, 2016. If the plaintiff wants to file a reply, then he must do so on or before April 29, 2016. The
plaintiff’s motion to reschedule the hearing on the motion to certify class [dkt. #31] is DENIED
without prejudice. The Court will address the plaintiff’s motion for class certification in due course
after the briefing is completed.
It is further ORDERED that the defendant must file an answer to the complaint on or before
April 22, 2016.

It is further ORDERED that the defendant’s motion to compel arbitration [dkt. #25] is
DENIED IN PART with respect to plaintiff Jonathan Gaffers and DENIED without prejudice as
to any opt-in members of the putative collective action class.
It is further ORDERED that the plaintiff’s motion to strike the defendant’s early discovery
[dkt. #39] is GRANTED IN PART. The defendant’s interrogatories are STRICKEN. The
defendant’s requests to produce documents will be deemed to be served when the case management
conference has been completed and the Court has entered a scheduling order. The motion to strike
is DENIED in all other respects.
It is further ORDERED that the defendant’s motion to strike the declaration of plaintiff
Jonathan Gaffers [dkt. #40] is DENIED without prejudice. The defendant may address the
substance of that declaration in its response to the motion for class certification.
It is further ORDERED that the defendant’s motion to compel the plaintiff to participate in
a Rule 26(f) conference [dkt. #43] is DENIED as moot.
It is further ORDERED that all formal discovery in the case is STAYED and the case
management and scheduling conference is ADJOURNED pending the Court’s rulings on the
plaintiff’s motion for conditional class certification and the defendant’s motion to dismiss.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: April 6, 2016

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PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon each attorney or party of record herein by electronic means or first
class U.S. mail on April 6, 2016.
s/Susan Pinkowski
SUSAN PINKOWSKI

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