Abundes et al v. Athens Food Services, LLC et al

Filing 17

ORDER: By August 29, 2014, the plaintiffs shall file a notice of election, indicating whether they (1) want to maintain this case as a collective action; (2) will limit this case to the individual claims of the three existing plaintiffs; or (3) wi ll seek to add additional individual plaintiffs and limit this case to the individual claims of the existing plaintiffs plus the additionally added plaintiffs. If the plaintiffs seek to maintain this case as a collective action, a further case management conference will be held on Friday, September 5, 2014, at 1:00 p.m. Signed by Magistrate Judge Juliet E. Griffin on 8/7/2014. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ds)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
JUAN ANTONIO ABUNDES; JESUS
EMANUEL ABUNDES; and
SANJUANA ERNESTINA YEBRA
v.
ATHENS FOOD SERVICES, LLC;
ATHENS FOOD SERVICES; ATHENS
FOOD SERVICES 1; MOHAMMAD S.
RASRAS; ADEL ELOSTTA; and
EVANGELIA DINA KAZADOS
ELOSTTA

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No. 3-14-1278

ORDER
At the initial case management conference scheduled on August 7, 2014, plaintiff's counsel
advised that they had not yet determined whether they want to maintain this case as a collective
action, whether they intend to add additional individual plaintiffs, or whether they will maintain the
lawsuit with only the three existing plaintiffs. Whether or not the plaintiffs seek to maintain this case
as a collective action could significantly impact scheduling the progression of this case, including
but not limited to the trial date. Therefore, it is not yet appropriate to request that the trial be
scheduled for a date certain.
By August 29, 2014, the plaintiffs shall file a notice of election, indicating whether they
(1) want to maintain this case as a collective action; (2) will limit this case to the individual claims
of the three existing plaintiffs; or (3) will seek to add additional individual plaintiffs and limit this
case to the individual claims of the existing plaintiffs plus the additionally added plaintiffs.1
If the plaintiffs seek to maintain this case as a collective action, a further case management
conference will be held on Friday, September 5, 2014, at 1:00 p.m., in Courtroom 764, U.S.

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Nothing precludes the plaintiffs from filing an amended complaint with additional
individual plaintiffs if such an amended complaint is filed within 21 days of the answer filed by the
defendants, in accord with Rule 15(a)(1) of the Federal Rules of Civil Procedure.

Courthouse, 801 Broadway, Nashville, TN, to address the progression of this case and a target trial
date. If the plaintiffs do not seek to maintain this case as a collective action, the September 5, 2014,
case management conference will be cancelled, and the parties' proposed case management order
(Docket Entry No. 16), with the modifications addressed on August 7, 2014, will be entered.
It is so ORDERED.

JULIET GRIFFIN
United States Magistrate Judge

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