Sanders v. F.C. Industries, Inc.

Filing 20

ORDER: (1) GRANTING THE PARTIES JOINT MOTION TO SET NEW CASE MANAGEMENT SCHEDULE (Doc. No. 18 ); (2) VACATING THE PRELIMINARY PRETRIAL CONFERENCE ORDER (Doc. No. 6 ); AND (3) SETTING A NEW CASE MANAGEMENT SCHEDULE. The new case management dates an d deadlines in this case are as follows: 1. Discovery deadline on Plaintiffs motion for Court-approved written notice to any putative collective members: December 15, 2023. 2. Plaintiffs motion for court-approved written notice to any putative coll ective members: February 2, 2024. 3. Defendants opposition to Plaintiffs motion for court-approved written notice to any putative collective members: February 23, 2024. 4. Any reply in support of Plaintiffs motion for court-approved written notice t o any putative collective members: March 8, 2024. 5. Discovery cutoff for Plaintiffs motion for class certification: June 14, 2024.6. Plaintiffs motion for class certification: August 2, 2024. 7. Defendants opposition to Plaintiffs motion for class certification: August 2, 2024. 8. Any reply in support of Plaintiffs' motion for class certification: August 16, 2024. Signed by Judge Michael J. Newman on 11/13/23. (pb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
REGINALD SANDERS,
individually and on
behalf of all others
similarly situated,
Plaintiffs,

Case No. 3:23-cv-55

vs.
F.C. INDUSTRIES, INC.,

District Judge Michael J. Newman
Magistrate Judge Peter B. Silvain, Jr.

Defendant.
______________________________________________________________________________
ORDER: (1) GRANTING THE PARTIES’ JOINT MOTION TO SET NEW CASE
MANAGEMENT SCHEDULE (Doc. No. 18); (2) VACATING THE PRELIMINARY
PRETRIAL CONFERENCE ORDER (Doc. No. 6); AND (3) SETTING A NEW CASE
MANAGEMENT SCHEDULE
______________________________________________________________________________
This civil case is before the Court following a joint motion to set a new case management
schedule. Doc. No. 18. This Court previously issued a Preliminary Pretrial Conference Order
establishing various deadlines. Doc. No. 6. The parties have since requested a new case
management schedule, which this Court adopts.
The new case management dates and deadlines in this case are as follows:
1.
2.
3.

Discovery deadline on Plaintiffs’ motion
for Court-approved written notice to any
putative collective members:
Plaintiffs’ motion for court-approved
written notice to any putative collective
members:
Defendant’s opposition to Plaintiffs’
motion for court-approved written
notice to any putative collective
members:

December 15, 2023
February 2, 2024
February 23, 2024

4.

5.
6.
7.
8.

Any reply in support of Plaintiffs’
motion for court-approved written
notice to any putative collective
members:
Discovery cutoff for Plaintiffs’ motion
for class certification:
Plaintiffs’ motion for class certification:

March 8, 2024

Defendant’s opposition to Plaintiffs’
motion for class certification:
Any reply in support of Plaintiffs’
motion for class certification:

August 2, 2024

June 14, 2024
July 12, 2024

August 16, 2024

Within 30 days of the Court’s ruling on either Plaintiffs’ motion for court-approved written
notice to any putative collective members or Plaintiffs’ motion for class certification, whichever
occurs later, the parties are to file a joint status report proposing a Phase 2 discovery schedule and
indicating whether they are interested in a settlement conference.
Discovery: The parties are reminded of their continuing duty to update their discovery
responses pursuant to Fed. R. Civ. P. 26(e). This includes responses to initial disclosures pursuant
to Rule 26(a), as well as interrogatories, requests for production, and requests for admission. All
discovery must be completed, not just requested, by the discovery deadline. No discovery from
any source shall be requested or received, or any depositions occur, after the discovery deadline.
For such late discovery to occur, the requesting party must seek leave of court to amend the
discovery deadline for that limited purpose. The Court may disregard—on summary judgment, at
trial, or otherwise—any information or documents obtained, received, or produced after the
discovery deadline.
Court Assistance Regarding Discovery: The parties may jointly contact chambers of the
assigned United States Magistrate Judge and request an informal discovery dispute conference (see

S.D. Ohio Civ. R. 37.1) only after having exhausted all extrajudicial means 1 for resolving such
dispute(s).
Protective Orders: Should the parties require a Protective Order governing the exchange
of confidential information in discovery, form Orders are available on the Court’s website at:
https://www.ohsd.uscourts.gov/ohio-southern-district-forms.
Settlement: If the parties would like a referral for mediation by the Court, counsel may
email the chambers of the undersigned ([e-mail]). If the parties
settle this case on their own, they shall inform the Court as soon as possible.
Opportunities for Oral Arguments by Newer Attorneys: The Court reminds the parties
of the current Standing Order allowing newer attorneys (who have graduated from law school
within the past six years) to argue a motion (https://www.ohsd.uscourts.gov/FPNewman).
Accordingly, the Court GRANTS the parties’ joint motion to set a new case management
schedule (Doc. No. 18) and VACATES the previously issued Preliminary Pretrial Conference
Order (Doc. No. 6).
IT IS SO ORDERED.
November 13, 2023

s/Michael J. Newman
Hon. Michael J. Newman
United States District Judge

The undersigned interprets the phrase “all extrajudicial means” to require both telephonic and written
communication between the parties.

1