Agyei et al v. Express Catering, Inc. et al

Filing 44

ORDER granting 16 Motion to Stay, FURTHER ORDERED that Defendants are not required to respond to Plaintiffs Motion for Collective Action Certification 42 until further order of the Court. Signed by Senior Judge Graham Mullen on 11/12/2014. (jlk)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:14-CV-00024-GCM

KWAME A. AGYEI, ETCHIEN KOUAHO, )
LADJEBE R. LARE and HENRY SUMAH, )
Individually and on Behalf of All Others
)
Similarly Situated,
)
)
Plaintiffs,
)
)
vs.
)
)
EXPRESS CATERING, INC. and FRANK )
FUMICH,
)
)
Defendants.
)

ORDER
GRANTING PARTIAL
STAY OF DISCOVERY

THIS MATTER IS BEFORE THE COURT upon Defendants’ Motion to Stay
Discovery (Doc. No. 16), Plaintiffs’ Response in Opposition (Doc. No. 23), and Defendants’
Reply (Doc. No. 36). Having considered the motion, corresponding memoranda and relevant
pleadings, and for good cause shown, the Court finds as follows:
Defendants Express Catering, Inc. and Frank Fumich (collectively, “Defendants”) have
shown that: (a) Defendants’ Motion for Summary Judgment (Doc. No. 12) is dispositive and, if
granted, would terminate all of Plaintiffs’ claims against the Defendants; (b) a stay is necessary
to avoid costs, expenses, and inconvenience that would be unnecessary if the Court grants
Defendants’ Motion for Summary Judgment, and (c) a stay of discovery will not prejudice
Plaintiff.
Accordingly, the Court will GRANT the motion.
IT IS, THEREFORE, ORDERED that all discovery be STAYED pending the outcome
of Defendants’ Motion for Summary Judgment, except on two limited topics issues raised by

Defendants’ Motion for Summary Judgment: (a) whether Express Catering’s employees are
exempt from overtime under 29 U.S.C. § 213(b)(3); and (b) whether Plaintiffs were relieved and
performed no duties for break periods equal to or in excess of 30 minutes. The parties are
directed to confer and craft a new discovery plan and schedule which addresses these two topics;
the parties should submit this plan to the Court within thirty (30) days of the date of this order.
IT IS FURTHER ORDERED that Defendants are not required to respond to Plaintiffs’
Motion for Collective Action Certification (Doc. No. 42) until further order of the Court. That
matter will be held in abeyance until the Court can rule on Defendants’ Motion for Summary
Judgment.
SO ORDERED.
Signed: November 12, 2014

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