Kelly v. Hospitality Ventures LLC, et al

Filing 181

ORDER - The court GRANTS IN PART defendants' motion for extension of time to complete discovery DE 175 , to the extent set forth herein. The court HOLDS IN ABEYANCE the remaining part of defendants' motion to permi t supplemental briefing as set forth herein. Accordingly, the clerk is DIRECTED to terminate the parties' joint motion regarding motion hearing DE 180 . Signed by District Judge Louise Wood Flanagan on 1/19/2022. Counsel is reminded to read the order in its entirety for critical deadlines and information. (Collins, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO. 5:17-CV-98-FL
WAI MAN TOM,
Plaintiff,
v.
HOSPITALITY VENTURES LLC doing
business as Umstead Hotel and Spa; SAS
INSTITUTE, INC.; NC CULINARY
VENTURES LLC, doing business as An
Asian Cuisine,
Defendants.

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ORDER

This matter is before the court on defendants’ motion for extension of time to complete
discovery (DE 175). At hearing on the motion, held January 12, 2022, the court directed the parties
to confer and file, by January 18, 2022, a proposed consent order memorializing agreed upon
deadlines, if any. On that date, the parties instead filed a joint motion regarding the hearing, in
which they set forth their points of agreement and disagreement (DE 180). Upon consideration of
the joint motion, the court orders as follows:
A.

Agreed Upon Deadlines
1.

Defendants may take the deposition of the three individuals, specifically the one

FLSA opt-in plaintiff, Joseph Hardin, and two Rule 23 class members, Taylor Rogan and Ruth
Lee, no later than February 2, 2022.
2.

Plaintiff shall provide substantive responses to defendants’ written discovery

requests, as to Taylor Rogan and Ruth Lee, to best of these individual’s recollection and

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knowledge, and such discovery responses will be due no later than three days before the scheduled
depositions of Rule 23 class members Rogan and Lee.
3.

The above-referenced depositions will occur on dates to be agreed upon by the

parties but will occur no later than February 2, 2022. Each deposition is limited to no more than
three hours, and the depositions will take place on one day, no later than February 2, 2022. They
will be conducted remotely. Plaintiff shall provide dates and times that the deponents are available
for these depositions no later than January 21, 2022.
4.

Disclosures required by Federal Rule of Civil Procedure 26(a)(2), including reports

from retained experts, shall be served by plaintiff by March 15, 2022, and by defendants by April
15, 2022. Disclosures and reports by any rebuttal experts shall be served by April 29, 2020.
5.

All discovery shall be commenced or served in time to be completed by May 13,

6.

All potentially dispositive motions shall be filed by June 3, 2022.

2022.1

All other terms and conditions set forth in the court’s February 22, 2021, amended case
management order, not altered herein, shall remain in full force and effect.
B.

Point of Disagreement
The parties disagree regarding plaintiff’s need to respond to outstanding written discovery

served on absent Rule 23 class members, beyond the limitations set forth in section A., herein.
The parties seek guidance from the court on whether to brief this issue or to hold a second hearing
to hear further argument on this issue. Because the issue raised involves interpretation of case law,
as previewed at hearing held January 12, 2022, the court directs the parties to brief this issue. In
particular, defendants are DIRECTED to file a supplemental brief in support of their position on
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Although the parties did not propose a new deadline for completion of all discovery, the court has imposed
a new deadline based upon the parties’ proposed deadlines for expert rebuttal reports and dispositive motions.

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this issue, on or before January 31, 2022. Plaintiff is DIRECTED to file a response brief on or
before February 10, 2022. There shall be no reply. Thereupon, the court will enter such further
order as is warranted regarding this part of defendants’ motion held in abeyance pending
supplemental briefing.
CONCLUSION
Based on the foregoing, the court GRANTS IN PART defendants’ motion for extension of
time to complete discovery (DE 175), to the extent set forth herein. The court HOLDS IN
ABEYANCE the remaining part of defendants’ motion to permit supplemental briefing as set forth
herein. Accordingly, the clerk is DIRECTED to terminate the parties’ joint motion regarding
motion hearing (DE 180).
SO ORDERED, this the 19th day of January, 2022.

_____________________________
LOUISE W. FLANAGAN
United States District Judge

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