Holland v. Fulenwider Enterprises Inc. et al

Filing 63

ORDER granting the parties' 62 Joint MOTION to Amend/Correct 56 Scheduling Order and the dates set forth in the Court's Pretrial Order and Case Management Plan are AMENDED as follows: Discovery due by 3/1/2019, Motions due by 4/1/2019, Mediation deadline set for 3/15/2019, Ready for Trial Date 10/7/2019. Signed by Magistrate Judge W. Carleton Metcalf on 11/27/2018. (kby)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:17-CV-48
HELEN HOLLAND,
Individually, on behalf of herself and on behalf
of all other similarly-situated current and former
employees,
Plaintiff,
v.
FULENWIDER ENTERPRISES INC., a
North Carolina Corporation, et al.,
Defendants.
______________________________________

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This matter is before the Court upon the parties’ Joint Motion to Amend Case Management
Plan (Doc. 62), which requests that the remaining deadlines in the Pretrial Order and Case
Management Plan be extended by 90 days. Id. at 1.
I.

Background
On February 15, 2017, Plaintiff filed this action against Defendants as a collective action

under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., to recover unpaid overtime
compensation for Plaintiff and other similarly-situated current and former employees. See Compl.
(Doc. 1).
On April 24, 2017, Defendants filed their Answer (Doc. 10).
On June 2, 2017, the presiding District Judge, the Honorable Max O. Cogburn, Jr., entered
an order denying without prejudice Plaintiff’s motion for FLSA Conditional Collective Action
Certification and Notice and granting the parties leave to conduct limited discovery. See (Doc.
29).

On October 9, 2017, Plaintiff filed a Second Motion for FLSA Conditional Collective
Action Certification and Notice (Doc. 32). Oral argument on the Motion was held on January 4,
2018 and the Motion was granted on February 2, 2018. (Doc. 38).
A Joint Motion to Approve Collective Action Notice was also subsequently filed and
allowed. (Doc. 42, 43).
On April 6, 2018, the parties filed a Joint Certification and Report of Fed. R. Civ. P. 26(f)
Conference and Proposed Discovery Plan (Doc. 55).
On April 13, 2018, United States Magistrate Judge Dennis Howell entered a Pretrial Order
and Case Management Plan (Doc. 56), which imposed the following deadlines:
Expert Reports:

July 1, 2018 (Plaintiff)
August 1, 2018 (Defendants)

Discovery Completion:
Mediation:

December 15, 2018

Motions

January 1, 2019

Ready for trial:
II.

December 1, 2018

1st session beginning on or after June 3, 2019

Discussion
In the instant Joint Motion to Amend Case Management Plan (Doc. 62), the parties request

that the remaining deadlines in the Pretrial Order be extended by 90 days as follows:
Discovery deadline: March 1, 2019
Mediation deadline: March 15, 2019
Motions deadline:

April 1, 2019

Ready for trial date: 1st session beginning on or after September 2, 2019
(Doc. 62) at 1.

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Though allowing the requested extensions will result in trial taking place significantly more
than two (2) years after the filing of Defendants’ Answer, this timeframe appears justified given
the circumstances of this individual case, including but not limited to the need to address
certification and notice issues.
III.

Conclusion
The parties’ Joint Motion to Amend Case Management Plan (Doc. 62) is hereby

GRANTED, and the dates set forth in the Court’s Pretrial Order and Case Management Plan are
AMENDED as follows:
(1)

Discovery deadline: March 1, 2019;

(2)

Mediation deadline: March 15, 2019;

(3)

Motions deadline:

(4)

Ready for trial date: October 7, 2019 session.

April 1, 2019; and

Signed: November 27, 2018

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