Ferebee v. Excel Staffing Service, Inc.

Filing 89

ORDER granting 88 Motion to Stay. The convening of a Fed. R. Civ. P. 26(f) conference is STAYED until 30 days after the opt-in period closes. The parties shall file a joint Rule 26(f) report within 14 days of the Rule 26(f) conference. Signed by US Magistrate Judge James E. Gates on 5/8/2017. (Stouch, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
NORTHERN DIVISION
2:16-CV-8-BO
TYRONN FEREBEE, on Behalf of Himself
and on Behalf of All Others Similarly
Situated,
Plaintiff,
v.
EXCEL STAFFING SERVICE, INC., et al.,
Defendants.

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ORDER

Before the court is the joint motion (D.E. 88) by the parties to stay the deadline for a
conference pursuant to Fed. R. Civ. P. 26(f) pending the conclusion of the opt-in period for
potential plaintiffs. Plaintiff’s motion (D.E. 77) for conditional certification of collective action
under 29 U.S.C. § 216(b) was granted on 19 April 2017 (D.E. 87). The parties contend that
waiting until the opt-in period closes will give the parties a better understanding of the scope of
discovery required and “will allow the parties to obtain additional information needed relating to
the opt-in class in order to ‘reassess the parties’ claims and defenses and the possibilities for
resolution of the case.’” Jt. Mot. 2. The parties specifically request that the deadline for
conducting the Rule 26(f) conference be stayed until 30 days after the opt-in period closes.
The court finds that the parties have shown good cause for the stay requested. The
motion to stay is therefore ALLOWED, and the convening of a Fed. R. Civ. P. 26(f) conference
is STAYED until 30 days after the opt-in period closes. The parties shall file a joint Rule 26(f)
report within 14 days of the Rule 26(f) conference.

FOR GOOD CAUSE SHOWN, the Motion is ALLOWED. The Clerk is directed to release
the Bond placed on Dr. EI-Gamal's property.
SO ORDERED.

SO ORDERED, this 8th day of May 2017.
This the ~ day of June, 2011.

_________________________
James E. Gates
United States Magistrate Judge

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