Shuman v. Simply Right, Inc.

Filing 13

INITIAL CASE MANAGEMENT ORDER: Bench Trial set for 1/19/2016 at 9:00 AM and Pretrial Conference set for 1/11/2016 at 2:30 PM before District Judge Kevin H. Sharp. Motions to Amend Pleadings due by 12/1/2014. Discovery due by 1/30/2015. Dispositive Motions due by 8/28/2014. Signed by Magistrate Judge John S. Bryant on 8/26/2014. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ds)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
DAVID SHUMAN,

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Plaintiff,
vs.
SIMPLY RIGHT, INC.,
Defendant.

No.: 3:14-cv-1368
Judge Sharp
Magistrate Judge Bryant

INITIAL CASE MANAGEMENT ORDER
In accordance with Federal Rule of Civil Procedure 26(f) and Local Rule 16.01, plaintiff
David Shuman, (“Plaintiff”) and Simply Right, Inc. (“Defendant”) submit this proposed Initial
Case Management Order.
1.

Status of Service of Process: Service of process is complete.

2.

Status of Responsive Pleadings: Defendant has responded to the Complaint.

3.

Jurisdiction: The parties agree that the Court has jurisdiction under 28 U.S.C. §

1332.
4.

(a)

Plaintiff’s Theory of the Case:

Plaintiff was employed by Defendant

within the last three years as a custodian and is entitled to minimum wage at the applicable rate
for each hour worked in accordance with Section 206 of the Fair Labor Standards Act (“FLSA”)
and overtime pay at a rate of one and one-half times his regular rate of pay for all hours worked
over 40 in a workweek in accordance with Section 207.
Plaintiff regularly worked seven days per week, beginning around 11:30 p.m. or 12:30
a.m. each evening, depending on the day of the week, and ended each work day around 10:30
a.m., for an approximate total workweek of 75 hours per week. Plaintiff worked this schedule for

12 out of the 14 weeks he worked for Defendant. Although Plaintiff worked seventy-five hours
for twelve workweeks, he was only credited with 95.44 hours every two week pay period, or a
total of 15.44 overtime hours. Accordingly, Plaintiff worked more than 40 hours per workweek
in one or more workweeks but did not receive one and one-half times his regular rate for all
hours over forty (40) in some workweeks.
Plaintiff is entitled to recover his overtime rate of one and one-half times his regular rate
of pay for all unpaid overtime hours, plus an equal amount in liquidated damages, and
reasonable attorney’s fees and costs.
(b)

Defendants’ Theory of the Case: Defendant contends that Defendant

and its agents have acted in a good faith. Moreover Defendant’s actions concerning Plaintiff’s
employment and compensation have been performed with a good faith reliance of a reasonable
interpretation of the Fair Labor Standards Act. Further, Defendant contends that it relied on
Plaintiff’s timekeeping when Defendant compensated Plaintiff for the hours worked. Defendant
did nothing to purposefully or negligently withhold Defendant’s compensation. Accordingly
Defendant prays that this court deny all of Plaintiff’s prayers for relief and award Defendant
reasonable attorney’s fees and costs for litigation of this action.
5.

Identification of Issues:

The following issues have been resolved: service of

process, jurisdiction, venue. All other issues relating to liability and damages are in dispute.
6.

Need for Additional Claims: At this time, the parties do not anticipate a need

for any counterclaims, cross-claims, third-party claims, amended pleadings, joinder of parties or
claims, or the need for resolution of any issues arising from Rules 13-15, 17-21, or 23 of the
Federal Rules of Civil Procedure. Plaintiff may move to amend his Complaint in accordance

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with the Federal Rules of Civil Procedure, if appropriate, following some discovery. The
deadline for filing motions to amend the pleadings is December 1, 2014.
7.

Rule 26(a)(1) Disclosures: The parties shall make their Rule 26(a)(1) disclosures

within thirty (30) days from the date of the initial case management conference.
Other Pretrial Discovery Matters: All fact discovery shall be completed by
January 30, 2015. All written discovery shall be submitted in sufficient time so that the
response may be submitted by the discovery cutoff. Discovery is not stayed during dispositive
motions, unless ordered by the court. Local Rule 33.01(b) is expanded to allow 30
interrogatories, including subparts. All discovery motions shall be filed by February 16, 2015.
No motions concerning discovery are to be filed until after the parties have conferred in good
faith and, unable to resolve their differences, have scheduled and participated in a conference
telephone call with Magistrate Judge Bryant.
8.

Expert Witnesses:

On or before April 30, 2015, Plaintiff shall declare to the

Defendant (not file with the Court) the identity of his expert witnesses and provide all the
information specified in Rule 26(a)(2)(B).
On or before June 1, 2015, Defendant shall declare to Plaintiff (not file with the Court)
the identify of its expert witnesses and provide all the information specified in Rule
26(a)(2)(B).
Any supplements to expert reports shall be filed on or before June 29, 2015. There shall
be any rebuttal expert witnesses. All expert depositions shall be completed by July 17, 2015.
9.

Electronic Discovery:

The parties have reached agreements on how to

conduct electronic discovery. Therefore, the default standard contained in Administrative Order
No. 174 need not apply to this case.

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10.

Dispositive Motion Deadlines:

Dispositive motions shall be filed on or

before August 28, 2015. Responses to dispositive motions shall be filed within thirty (30) days
after service. Briefs shall not exceed 20 pages without leave of Court. Optional replies shall be
filed within fourteen (14) days after service of the response. Reply briefs shall not exceed five
pages.
11.

Pretrial Conference and Deadlines:

January 11, 2016,
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at 2:30 p.m

A pretrial conference is set for

. The parties’ pretrial obligations will be set forth

by separately entered order.
Trial Date and Length: Bench trial is set to begin on January 19, 2016, at 9:00 a.m. The
trial is expected to last two days.
Joint Mediation Report: The parties shall submit a joint mediation report on or

12.
13.

before January 30, 2015.
It is so ORDERED.
s/ John S. Bryant
Honorable John S. Bryant
United States Magistrate Judge

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APPROVED FOR ENTRY:

/s/Randall W. Burton
Randall W. Burton, BPR #15393
144 Second Avenue, North
Suite 212
Nashville, TN 37201
[phone]
Morgan E. Smith, BPR #26601
144 2nd Ave. N. Ste. 200
Nashville, TN 37201
[phone]
Attorneys for Plaintiff
/s/ TeShaun Moore
TeShaun Moore, BPR #27816
TD Moore Law Firm
80 Monroe Ave., Suite 450
Memphis, Tennessee 38103
[phone]
Attorney for Defendant

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