White v. Heartland Catfish Company, Inc. et al

Filing 94

AMENDED CASE MANAGEMENT ORDER. Signed by Jane M Virden on 1/20/12. (ncb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION

DOREAN WHITE, ET AL.

PLAINTIFFS

VS.

CIVIL ACTION NO. 4:09cv54-WAP-JMV

HEARTLAND CATFISH COMPANY ,
INC.

DEFENDANT

ORDER
A status conference was held in this matter today for the purpose of making
amendments to the current Case Management Order (“CMO”). As a result of said conference,
the existing CMO (Doc. # 68), as amended by Text Order of 9/9/11, is further amended to the
extent that Section 6, “Discovery Provisions and Limitations,” shall include the following
introductory statement and changes:
6. DISCOVERY PROVISIONS AND LIMITATIONS.
There are currently in the neighborhood of 250 opt ins in addition to the original named plaintiffs
in this matter. The defendant shall, within 21 days of entry of this order, provide to counsel for
the plaintiff the following information for each named plaintiff and for each opt in plaintiff:
dates of employment; hours worked for each week of employment; job title or titles (and
corresponding dates in the event job titles changed during employment). Within 7 days
thereafter, counsel for the parties shall have selected 40 persons from the approximately 250
opt ins who counsel may thereafter take discovery of as addressed further below. The 40
persons selected shall be comprised of 20 designated by counsel for the named plaintiffs and
20 selected by counsel for the defendant. Counsel shall use their best efforts in making their
selections to designate persons who appear to be representative of the conditional class that has
been certified. The parties should also undertake to identify which persons on the opt in list the
parties can agree have no colorable claim and such persons should not be designated by either
party as one of the 40 selected to provide discovery. Notwithstanding the foregoing, the parties
selection of the aforesaid 40 persons for discovery purposes shall not be offered or relied on
at any decertification hearing as evidence of the defendant’s concession that the class should
be finally certified.
Counsel for the plaintiff shall be entitled to notice a 30(b)6 deposition and 10 additional fact
witness depositions. Counsel for the plaintiff shall limit interrogatories to 30, requests for

production to 30 and requests for admission to 30. Counsel for the defendant shall be entitled
to take the deposition of each of the 40 selected opt ins and the named plaintiffs but shall not
propound written discovery to any person other than one who it elects not to depose. In the
event it elects not to depose one of the selected 40 persons, written discovery to such person
shall be limited to 10 interrogatories, 10 requests for admission and 10 requests for production.
A. Interrogatories and Requests for Admissions are limited to
See above
statement

[Expedited: 15; Standard and Complex: 30] succinct questions.

B. Depositions are limited to the parties and no more than
See above
statement

[Expedited: 3; Standard: 5; Complex: 10] fact witness depositions per party
without additional approval of the court. The 30(b)(6) deposition notice will
count as one deposition, regardless of the number of deponents tendered for the
same.
SO ORDERED this, 20th day of January, 2012.

/s/ Jane M. Virden
U. S. MAGISTRATE JUDGE