Smith et al v. Whites Creek Healthcare, LLC

Filing 11

INITIAL CASE MANAGEMENT ORDER: Motion to Amend Pleadings due by 8/22/2011. Discovery due by 2/21/2011. Dispositive Motions due by 3/20/2012. Telephone Conference set for 1/17/2012 at 10:00 AM. To participate in the conference call, parties shall cal l 615-695-2851 at the scheduled time. After consulting with Judge Nixon's courtroom deputy, this matter is set for a trial on 9/11/2012 at 9:00 AM. Final Pretrial Conference is set for 8/31/2012 at 10:00 AM before Senior Judge John T. Nixon. Judge Nixon will issue a separate order covering his requirements for the final pretrial conference and thetrial. Signed by Magistrate Judge Joe Brown on 6/21/11. (dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
SHARON SMITH and
SHANNON RENEE GOINS, on behalf
of themselves and others
similarly situated,
Plaintiffs
v.
WHITES CREEK HEALTHCARE, LLC
d/b/a GRACE HEALTHCARE OF
WHITE’S CREEK,
Defendants

)
)
)
)
)
)
)
)
)
)
)
)
)
)

No. 3:11-0385
Judge Nixon/Brown
Jury Demand

INITIAL CASE MANAGEMENT ORDER
Pursuant to Local Rule 16.01(d)(2), the following Initial Case
Management Plan is adopted.
1.

JURISDICTION:

The Court has jurisdiction over this

matter pursuant to 29 U.S.C. § 216(b) and 28 U.S.C. § 1331.

The

Court has supplemental jurisdiction over Plaintiff’s state law
claims pursuant to 28 U.S.C. § 1367.
2.

PLAINTIFFS’ THEORY OF CASE:

Plaintiffs believe and

assert that the Defendant intentionally failed to pay Plaintiff and
other similarly situated employees straight time and overtime wages
under the Fair Labor Standards Act and the Tennessee common law of
unjust enrichment. Plaintiff contends that the Defendants’ failure
was willful. More specifically, on a regular and repeated basis,
Plaintiffs and other similarly situated employees were required to
perform compensable work during unpaid “meal breaks.”

As a result

of Defendant’s automatic deduction for “meal breaks” the Defendant
worked hourly employees “off the clock” without providing proper
overtime and straight time compensation.
This

action

has

been

filed

seeking

collective

action

certification on behalf of all nonexempt employees of Defendant
whose pay was/is subject to an automatic meal break deduction, even
though they performed compensable work during their meal breaks.
This action is maintainable as an “opt-in” collective action
pursuant to 29 U.S.C. § 216(b) with regard to the Plaintiffs’
claims for overtime compensation, liquidated damages, interest,
attorneys’ fees and costs under the Fair Labor Standards Act.
3.

DEFENDANT’S THEORY OF THE CASE: Plaintiffs and all other

employees were properly paid wages under the FLSA.

At all times,

Defendant acted in a good faith belief that its actions were in
compliance with the FLSA with regard to all named Plaintiffs and
putative class members.
4.

IDENTIFICATION OF ISSUES:

Resolved: Jurisdiction and

venue.
Disputed: Liability and damages. Whether the Defendant
violated the Fair Labor Standards Act and/or state law and whether
this case is properly maintainable as an opt-in collective action
pursuant to 29 U.S.C. § 216(b), as well as the extent and amount of
damages sought by the Plaintiffs in this matter.

2

5.

OTHER CLAIMS OR SPECIAL ISSUES:

Class Certification:

Plaintiffs will file a Motion to Conditionally Certify the class by
September

20,

2011.

Defendant

shall

Plaintiffs’ Motion by October 20, 2011.
Reply on or before October 31, 2011.

file

its

Response

to

Plaintiffs may file a

If motions are filed early,

the response and reply dates are moved up accordingly.
6.

WITNESSES (subject to supplementation):
Plaintiffs:

Defendant:

7.

Sharon Smith
Shannon Renee Goins
Mary Renfroe, Supervisor,
Defendant

Employee of

Sharon Smith
Shannon Rennee Goins
Mary Renfroe
Sue Wales
Marcus Burns

INITIAL DISCLOSURES AND STAGING OF DISCOVERY: Pursuant to

Fed. R. Civ. P. 26(a)(1), all parties must make their initial
disclosures on or before July 5, 2011. The parties shall complete
written discovery and depose fact witnesses on or before February
21, 2012.
Plaintiffs shall disclose expert witness(es) on or before
November 21, 2011. Defendant will disclose expert witness(es) on or
before December 20, 2011. Rebuttal expert witness(es) shall be
disclosed by the Plaintiffs by December 30, 2011. The deadline for
expert witness depositions is February 21, 2012.

3

Prior to filing any discovery-related motion, the parties will
schedule and conduct a telephone conference with the Magistrate
Judge.

Counsel

requesting

the

conference

shall

coordinate

scheduling the telephone conference with opposing counsel and the
Court.
8.

DISPOSITIVE MOTIONS: The deadline for the parties to file

dispositive motions will be March 20, 2012. Responses to these
motions will be April 17, 2012 (28 days after the motion is filed).
A Reply shall be filed 14 days after the date the Response is filed
or by May 1, 2012.
If dispositive motions are filed early, the response and reply
dates are moved up accordingly.

Motion and response memoranda are

limited to 25 pages and the reply, if a reply is filed, is limited
to five pages, absent Court permission for longer pleading.
9.

OTHER DEADLINES: The parties shall file all Motions to

Amend or Motions to Join Parties on or before August 22, 2011.
10.

SUBSEQUENT

CASE

MANAGEMENT

CONFERENCE:

A

telephone

conference with Magistrate Judge Brown to discuss case progress is
set for January 17, 2012, at 10:00 a.m.

To participate in the

conference call, parties shall call 615-695-2851 at the scheduled
time.

4

11.

ALTERNATIVE DISPUTE RESOLUTION: The parties have made no

decision as to whether this case is appropriate for alternative
dispute resolution.
12.

CONSENT TO TRIAL BEFORE MAGISTRATE JUDGE: The parties do

not consent to trial before the Magistrate Judge.
13.

TARGET TRIAL DATE: The parties estimate that this case

will take approximately five days, depending on what issues remain
for trial.

After consulting with Judge Nixon’s courtroom deputy,

this matter is set for trial on September 11, 2012, at 9:00 a.m.
Judge Nixon will conduct the final pretrial conference on August
31, 2012, at 10:00 a.m.

Judge Nixon will issue a separate order

covering his requirements for the final pretrial conference and the
trial.
It is so ORDERED.
______________________________
JOE B. BROWN
United States Magistrate Judge

5