Rehberg et al v. Flowers Foods, Inc et al

Filing 225

ORDER granting in part and denying in part 223 Motion Pretrial Conference. The court will hold an in-person status conference in Charlotte on August 22, 2016 at 9:30 a.m. IT IS FURTHER ORDERED that Plaintiffs' Motion to Strike (#220) and Defendants' Motion for Clarification(#218) shall also be calendared for oral argument at that time. Signed by District Judge Max O. Cogburn, Jr on 8/11/16. (mga)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:12-cv-00596-MOC-DSC
SCOTT REHBERG, et al.,
Plaintiffs,
Vs.
FLOWERS BAKING COMPANY OF
JAMESTOWN, LLC and FLOWERS FOODS,
INC.,
Defendants.

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ORDER

THIS MATTER is before the court on Plaintiffs’ Motion for Pretrial Conference (#223),
to which Defendants have indicated by e-mail to chambers staff that they do not object.
This matter currently has a “ready date” for trial of September 1, 2016; the first Charlotte
civil term after that date begins on October 17, 2016. This case will therefore not go to trial until
October 17 at the earliest. Plaintiffs have represented via their motion that despite completing
nearly six days of mediation sessions with several different mediators, the parties have yet to
come to a resolution in this case. They also noted that Defendants have recently filed a Motion
for Clarification (#218) regarding this court’s Class Certification Order, which issued March 24,
2015 (#129). Plaintiffs have also filed a Motion to Strike (#220) Defendants’ recent expert
disclosure. Plaintiffs have requested that the court hold a pretrial conference via phone to address
how the timing of such motions will affect the upcoming trial. As the trial is still scheduled to
begin over two months from now, the court will calendar this matter for a status conference, as
opposed to a final pretrial conference, in Charlotte on August 22, 2016. Additionally, despite

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Plaintiffs’ request for a phone conference, the court will require counsel to appear in person.
Finally, given that the above-mentioned Motions should be fully briefed and ripe for review as of
the August 22, 2016 hearing, the court will calendar those for argument. The court will then
consider the merits of such motions as well as the potential impacts they will have on the trial
schedule in this matter. The court therefore enters the following Order.
ORDER
IT IS, THEREFORE, ORDERED that Plaintiffs’ Motion for Pretrial Conference
(#223) is GRANTED in part and DENIED in part. The court will hold an in-person status
conference in Charlotte on August 22, 2016 at 9:30 a.m.
IT IS FURTHER ORDERED that Plaintiffs’ Motion to Strike (#220) and Defendants’
Motion for Clarification (#218) shall also be calendared for oral argument at that time.

Signed: August 11, 2016

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