Rehberg et al v. Flowers Foods, Inc et al

Filing 231

ORDER denying 218 Motion for clarification; denying without prejudice 220 Motion to Strike. Signed by District Judge Max O. Cogburn, Jr on 8/23/2016. (chh)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:12-cv-00596-MOC-DSC
SCOTT REHBERG, WILLARD ALLEN RILEY,
and MARIO RONCHETTI, individually and
behalf of all similarly situated individuals,
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 Defendants’ Motion for Clarification (#218) and
Plaintiffs’ Motion to Strike (#220) Defendants’ recent expert disclosure. The court held a status
conference on August 22, 2016, at which time it discussed the status of mediation as well as the relief
sought through the pending Motions. As stated at the status conference, the court finds that
Defendants’ request for the court to tell the parties how it will rule on the issue of damages as they
relate to FLSA offsets is premature. If this case proceeds to trial, the court will address the issue of

how to calculate damages after it reaches a decision as to whether damages are appropriate in
this case. The court will therefore deny the Motion to Clarify and will hear arguments on the legal
issues in dispute at the appropriate time during trial. Regarding Plaintiffs’ Motion to Strike, the court
will deny the Motion without prejudice for the reasons stated in open court, and will hear any
renewed Motion from Plaintiff about the expert disclosure—including arguments regarding
timeliness—at trial. The court enters the following Order.

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ORDER
IT IS, THEREFORE, ORDERED that Defendants’ Motion for Clarification (#218) is
DENIED, and Plaintiffs’ Motion to Strike (#220) is DENIED without prejudice.

Signed: August 23, 2016

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