Padan v. West Business Solutions, LLC

Filing 121

ORDER Granting 120 Second Proposed Discovery Plan/Scheduling Order. The parties have agreed to confer again on 10/14/2016 and will file another status report with the court within 14 days of such conference. The parties agree that a further scheduling order may be necessary if mediation is unsuccessful. Signed by Magistrate Judge Carl W. Hoffman on 7/6/2016. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:15-cv-00394-GMN-CWH Document 120 Filed 07/05/16 Page 1 of 7

1
2
3
4
5
6
7
8
9

Leslie Bryan Hart, Esq. (SBN 4932)
FENNEMORE CRAIG, P.C.
300 E. Second St., Suite 1510
Reno, Nevada 89501
Tel: [phone] Fax: [phone]
[e-mail]
(Admitted Pro Hac Vice)
Julie A. Springer, Esq.
WEISBART SPRINGER HAYES, LLP
212 Lavaca St., Suite 200
Austin, TX 78701
Tel: [phone] Fax: [phone]
[e-mail]; [e-mail]
Attorneys for Defendant West Business Solutions, LLC
n/k/a as Alorica Business Solutions, Inc.
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

10
11
12
13
14
15

TIFFANIE PADAN, individually, and on
behalf of others similarly situated,

CASE NO. 2:15-cv-00394-GMN-CWH

Plaintiffs,

SECOND PROPOSED JOINT DISCOVERY
PLAN AND SCHEDULING ORDER

vs.
WEST BUSINESS SOLUTIONS, LLC, a
Delaware limited liability company,

SPECIAL SCHEDULING REVIEW
REQUESTED

Defendant.

16

/

17
18
19
20
21
22
23
24
25
26
27
28

Plaintiff Tiffanie Padan (“Padan”), on behalf of herself and all persons who have opted in
to this action (collectively “Plaintiffs”), and Defendant West Business Solutions, LLC n/k/a
Alorica Business Solutions, Inc. (“Alorica”) submit this Second Proposed Joint Discovery Plan
and Scheduling Order.
1.

Conference of the Parties. Earlier this year, the Court conditionally certified a

representative collective action under the Fair Labor Standards Act (“FLSA”). Doc. 58. Due to
the unique procedural needs of a collective action, the Court subsequently granted special
scheduling review and entered a scheduling order requiring the parties to confer about alternative
dispute resolution, discovery sampling, and a discovery plan within 21 days after the opt-in
period expired. Doc. 60. The deadline for potential plaintiffs to opt in to the conditionallycertified collective action expired on May 23, 2016. In accordance with the Court’s scheduling

Case 2:15-cv-00394-GMN-CWH Document 120 Filed 07/05/16 Page 2 of 7

1

order, a conference was held telephonically on June 10, 2016, and was attended by Matthew L.

2

Turner, Kevin J. Stoops, David Grounds, and Molly Nephew, attorneys for Plaintiffs; and Julie

3

A. Springer, attorney for Defendant. As a result of this conference, the parties have stipulated to

4

various matters affecting the schedule of this case and now seek the Court’s approval of their

5

agreement.

6

2.

Extension of the Opt-in Period. Notice was mailed to approximately 50,000

7

individuals. Approximately 5,114 individuals opted in to the lawsuit during the opt-in period.

8

After the opt-in period expired on May 23, 2016, a number of additional individuals submitted

9

opt-in forms in an attempt to opt in to the case. The parties have agreed that persons who

10

submitted opt-in forms close to the deadline should not be deprived of participation in the case,

11

but that a definite cut-off point is necessary to ensure fair and efficient administration of the case.

12

Accordingly, the parties agree that all opt-in forms submitted on or before June 17, 2016, shall

13

be deemed timely. All opt-in forms submitted within this extended opt-in period must be filed

14

with the Court on or before June 20, 2016.

15

3.

Alternative Dispute Resolution. The parties anticipate scheduling a mediation

16

session for later this year, with a current target date of mid-November.

17

considering several potential mediators with expertise in the area of FLSA collective actions. In

18

the meantime, and as described below, the parties anticipate sharing information related to the

19

opt-ins on an informal basis to evaluate the possibility of settlement. The parties will continue to

20

confer in good faith to determine an agreed-upon mediation date and mediator.

21

4.

The parties are

Discovery. On a rolling basis, Alorica has been providing Plaintiff’s counsel with

22

payroll and hours-worked information for the persons who opted in to the action. Alorica

23

anticipates providing additional information related to time-keeping practices and policies

24

including training information, as well as information regarding instructions for applications

25

specific to line groups.

26

demonstration or interview for purposes of evaluating Alorica’s computer systems, but the

27

details have not yet been agreed upon by the parties. All informal information exchanges shall

The parties are also discussing the possibility of a confidential

28
2

Case 2:15-cv-00394-GMN-CWH Document 120 Filed 07/05/16 Page 3 of 7

1

be completed no later than 30 days before the date of mediation. The parties believe that formal

2

discovery is unnecessary at this time and can be further postponed pending mediation. However,

3

the parties reserve the right to seek discovery sampling in the future if appropriate.

4

5.

Arbitration. Alorica believes that a number of the opt-ins agreed to arbitration

5

provisions during their employment which bar them from proceeding in this case and may

6

warrant a motion to compel arbitration in the future. The parties have agreed that Alorica need

7

not file a motion to compel arbitration while settlement discussions are ongoing. Accordingly,

8

Plaintiffs agree that they will not argue that Alorica has waived its right to compel arbitration of

9

any opt-in Plaintiff’s claim based on a delay in filing such motion to compel arbitration until

10

after mediation. All Plaintiffs agree that they are not prejudiced by any such delay and will not

11

oppose a motion to compel arbitration based on any alleged waiver or forfeiture due to Alorica’s

12

failure to file a motion to compel until after the mediation in this case.

13

6.

Addition of state-law claims. Plaintiffs have indicated that they may seek leave

14

to amend their complaint to add additional state-law claims for the persons who have opted in to

15

the conditionally-certified collective action. The parties have agreed that Plaintiffs need not file

16

a motion for leave to amend to add such claims while settlement discussions are ongoing.

17

Accordingly, Alorica has agreed that it will not argue that Plaintiffs have waived their right to

18

move to amend their complaint to add the above-described state-law claims based on Plaintiffs’

19

delay in filing such a motion until after mediation. Alorica agrees to toll any limitations period

20

applicable to the above-described state-law claims for the period beginning on the date this

21

report is filed until the date the mediator declares an impasse.

22

7.

Proposed Schedule. The parties have agreed to confer again on October 14,

23

2016, and will file another status report with the court within 14 days of such conference. In the

24

event mediation is unsuccessful, the parties propose that: (1) they confer within 21 days after the

25

mediator declares an impasse to develop a proposed discovery plan and schedule under FED. R.

26

CIV. P. 26(f) and LR 26-1; and (2) the parties will submit a proposed discovery plan and

27

schedule within 14 days after their post-mediation conference.

28
3

Case 2:15-cv-00394-GMN-CWH Document 120 Filed 07/05/16 Page 4 of 7

1
2

8.

Further Scheduling Orders. The parties agree that a further scheduling order

may be necessary if mediation is unsuccessful.

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4

Case 2:15-cv-00394-GMN-CWH Document 120 Filed 07/05/16 Page 5 of 7

1

DATED: This 5th day of July, 2016.

2

FENNEMORE CRAIG, P.C.

3

By:

4
5
6

and

7
8
9
10
11

/s/ Julie A. Springer
Leslie Bryan Hart (SBN 4932)
300 E. Second St., Suite 1510
Reno, NV 89501
Tel: [phone] Fax: [phone]
[e-mail];

WEISBART SPRINGER HAYES, LLP
(Admitted Pro Hac Vice)
Julie A. Springer, Esq.
ATTORNEYS FOR DEFENDANT WEST BUSINESS
SOLUTIONS N/K/A ALORICA BUSINESS SOLUTIONS,
LLC

12

SOMMERS SCHWARTZ, P.C.

13

One Towne Square, Suite 1700
Southfield, Michigan 48076
248.355.0300

14
15
16
17
18
19
20

By:/s/Kevin J. Stoops
Jesse L. Young (admitted pro hac vice)
MI Bar No. P72614
[e-mail]
Matthew L. Turner (admitted pro hac vice)
MI Bar No. P48706
[e-mail]
Kevin J. Stoops (admitted pro hac vice)
MI Bar No. P64371
[e-mail]

21
22
23
24
25
26

Don Springmeyer, Esq.
State Bar No. 1021
[e-mail]

WOLF RIFKIN, SHAPIRO,
SCHULMAN & RABKIN, LLP
3556 E. Russell Road, Second Floor
Las Vegas, Nevada 89120
702.341.5200
702.341.5300 fax

27
28
5

Case 2:15-cv-00394-GMN-CWH Document 120 Filed 07/05/16 Page 6 of 7

Timothy J. Becker (admitted pro hac vice)
MN Bar No. 2563
[e-mail]
Jacob R. Rusch (admitted pro hac vice)
MN Bar No. 391892
[e-mail]

1
2
3
4

JOHNSON BECKER, PLLC

5

33 South Sixth Street, Suite 4530
Minneapolis, Minnesota 55402
612.436.1800
612.436.1801 fax

6
7

ATTORNEYS FOR PLAINTIFF

8
9
10

IT IS SO ORDERED:

11
12
13
14

__________________________________
The Honorable Gloria M. Navarro
UNITED STATES MAGISTRATE JUDGE
United States District Judge
July 6, 2016
DATED:__________________________

15
16
17
18
19
20
21
22
23
24
25
26
27
28
6

Case 2:15-cv-00394-GMN-CWH Document 120 Filed 07/05/16 Page 7 of 7

1

CERTIFICATE OF SERVICE

2

Pursuant to F.R.C.P. 5(b) and Electronic Filing Procedure IV(B), I certify that on the 5th

3

day of July 2016, a true and correct copy of the Second Proposed Joint Discovery Plan and

4

Scheduling Order was transmitted electronically through the Court’s e-filing electronic notice

5

system to the attorney(s) associated with this case. If electronic notice is not indicated through

6

the court’s e-filing system, then a true and correct paper copy of the foregoing document was

7

delivered via U.S. Mail.

8

Don Springmeyer, Esq.
Bradley S. Schrager, Esq.
WOLF, RIFKIN, SHAPIRO, SCHULAMN
& RABKIN, LLP
3556 E. Russell Road, Second Floor
Las Vegas, Nevada 89120
[e-mail]
[e-mail]

9
10
11
12
13
14
15
16
17
18
19
20

Timothy J. Becker
Jacob R. Rusch
JOHNSON BECKER, PLLC
33 South Sixth Street, Suite 4530
Minneapolis, Minnesota 55402
[e-mail]
[e-mail]

Matthew L. Turner
Kevin J. Stoops
Jesse L. Young
SOMMERS SCHWARTZ, P.C.
One Towne Square, Suite 1700
Southfield, Michigan 48076
[e-mail]
[e-mail]
[e-mail]
/s/ Julie A. Springer
Julie A. Springer

21
22
23
24
25
26
27
28
7