Malicki v. Leman USA Inc

Filing 77

ORDER ON SUPPLEMENTAL BRIEFING signed by Magistrate Judge Nancy Joseph. IT IS HEREBY ORDERED that Malicki shall file a supplemental response to Leman's motion for partial summary judgment with any additional proposed findings of fact by no later than August 9, 2019. Leman shall have fourteen (14) days to file a surreply and its response to Malicki's additional proposed findings of fact. (cc: all counsel)(asc)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
JODIE L. MALICKI,
on behalf of herself and all others similarly situated,
Plaintiff,
v.

Case No. 17-CV-1674

LEMAN U.S.A., INC.,
Leman.
ORDER ON SUPPLEMENTAL BRIEFING
Jodie L. Malicki filed a lawsuit against her former employer, Leman U.S.A., Inc.,
alleging that Leman violated the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (“FLSA”)
and Wisconsin Wage Payment and Collection Laws, Wis. Stat. §§ 109.01 et seq., 103.01 et
seq., 104.01 et seq., and Wis. Admin. Code § DWD 272.01. (Docket # 1, 43.) On February
19, 2019, Leman filed a motion for partial summary judgment on Malicki’s Claims 1 and 2.
(Docket # 50.) The motion is now fully briefed. However, Malicki’s response of March 22,
2019, asserts that she was not able to provide some material facts because Leman filed its
motion for partial summary judgment before the close of discovery on June 5, 2019, in
violation of the court’s scheduling order. (Docket # 63 at 14–15 (citing Docket # 16).)
Given Malicki’s assertion of prejudice due to Leman’s failure to abide by the scheduling
order, I will allow Malicki to file a supplemental response to Leman’s motion and submit
any additional proposed findings of fact by no later than August 9, 2019. Leman may file its
surreply, if any, and its response to Malicki’s additional proposed findings of fact within

fourteen days of Malicki’s supplemental response. Any other dispositive motions shall be
filed by no later than August 9, 2019, in accordance with the scheduling order.
ORDER
NOW, THEREFORE, IT IS HEREBY ORDERED that Malicki shall file a
supplemental response to Leman’s motion for partial summary judgment with any
additional proposed findings of fact by no later than August 9, 2019. Leman shall have
fourteen (14) days to file a surreply and its response to Malicki’s additional proposed
findings of fact.

Dated at Milwaukee, Wisconsin this 18th day of June, 2019.
BY THE COURT:
s/Nancy Joseph
NANCY JOSEPH
United States Magistrate Judge

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