Antonio v. Green Island Tree Spray, Inc. et al

Filing 20

ORDER re 18 : see attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 5/22/2013. c/ecf (Johnston, Linda)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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LESSEP ANTONIO,
Plaintiff,

ORDER
CV 12-4053(ADS)(ARL)

-againstGREEN ISLAND TREE SPRAY, INC., et al.,
Defendants.
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LINDSAY, Magistrate Judge:
Before the court is plaintiff’s letter motion dated May 16, 2013, to compel defendants to
produce (1) actual wage statements and time records of plaintiff; (2) e-discovery, including email
searches with relevant terms; (3) any documents which could prove defendants’ assertion that
plaintiff was an exempt employee; and (4) deposition dates for individual defendant Robert Ward
and defendants’ 30(b)(6) witnesses. In response, defendants have represented that they (1) have
produced supplemental documents establishing that plaintiff was an exempt employee; (2) have
advised plaintiff that they are obtaining any time records that may exist and are reviewing their
files for any time records that may exist; (3) maintain they are not in possession, custody or
control of any e-discovery concerning plaintiff; and (4) have advised plaintiff that should any
more responsive documents exist, they are in storage, and anticipate producing the outstanding
documents shortly. With respect to the scheduling of depositions, defendants state they are
willing to attend depositions, but have scheduling limitations since they run a small business and
can only attend depositions on Sundays or on a date after Labor Day.
The defendants are directed to fully respond to all outstanding discovery demands by June
14, 2013. In view of the circumstances and constraints of defendants’ business, the court will not
require that the depositions to be conducted prior to the August 13, 2013 discovery deadline.
Defense counsel is directed to contact plaintiff’s counsel forthwith to arrange for a mutually
convenient time to schedule the depositions of Mr. Ward and defendants’ 30(b)(6) witnesses on
or before September 13, 2013. The court will extend the discovery deadlines to enable the
parties to engage in any follow up discovery necessitated by the depositions. Accordingly, all
discovery, inclusive of expert discovery, must be completed by October 15, 2013. The deadline
to commence dispositive motion practice is extended to October 29, 2012. The final conference
scheduled for September 10, 2013 is adjourned to November 12, 2013 at 11:30 a.m. The parties
are directed to electronically file a proposed joint pretrial order prior to the final conference.
Dated: Central Islip, New York
May 22, 2013

SO ORDERED:

/s/
ARLENE ROSARIO LINDSAY
United States Magistrate Judge