Brown v. Reddy Ice Corporation

Filing 43

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendant's Motion for an Extension of Time to File its Response in Opposition to Plaintiff's Motion to Conditionally Certify FLSA Collective Action (ECF No. 40) is DENIED. Signed by District Judge Ronnie L. White on 4/6/15. (JWJ)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
KENNETH BROWN, on behalf of himself
and other similarly situated individuals,
Plaintiff,
v.

REDDY ICE CORPORATION,
Defendant.

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No. 4:14CV1786 RLW

MEMORANDUM AND ORDER
This matter is before the Court on Defendant's Opposed Motion for an Extension of Time
to File its Response in Opposition to Plaintiffs Motion to Conditionally Certify FLSA Collective
Action (ECF No. 40). Plaintiff filed a response in opposition to the motion. Defendant did not
file a reply brief, and the time for doing so has expired. Upon review of the motion and
response, the Court will deny Defendant' s motion.
Defendant requests that the Court extend the time for responding to Plaintiffs Motion to
Conditionally Certify FLSA Collective Action until the Court has ruled on the pending motion
for protective order, which, inter alia, seeks an order prohibiting Plaintiff from possessing
allegedly privileged information from Ashley Hogan, a former employee of Defendant.
However, the Case Management Order states that Defendant' s response is due 30 days after
Plaintiff files a motion for certification. The Court declines to extend this deadline and notes that
concerns about potentially privileged information can be relieved by filing the response under
seal. The Court will rule on the motion for protective order prior to addressing the motion to
certify, and will afford proper weight to the information provided by Mr. Hogan in determining
the certification issue.

According! y,

IT IS HEREBY ORDERED that Defendant' s Motion for an Extension of Time to File
its Response in Opposition to Plaintiff's Motion to Conditionally Certify FLSA Collective
Action (ECF No. 40) is DENIED.
Dated this ~ day of April 2015.

RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE

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