Bitner, Thomas et al v. Wyndham Vacation Resorts, Inc.

Filing 275

ORDER re: Pretrial Submissions. Joint submissions due by 8/11/2017. Signed by District Judge William M. Conley on 6/29/2017. (voc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
THOMAS BITNER and TOSHIA
PARKER,
Plaintiffs,

ORDER

v.
13-cv-451-wmc
WYNDHAM VACATION RESORTS, INC.,
Defendant.
In a prior opinion and order, the court granted plaintiffs’ motion to certify a Rule
23 class, denied defendant’s motion to decertify a FLSA collective action, and denied
defendants’ partial motion for summary judgment, allowing the case to proceed to a jury
trial, scheduled for September 18, 2017. (Dkt. #264.) The court’s amended preliminary
pretrial conference order sets forth deadlines for the parties’ various pretrial submissions.
(Dkt. #18.) In light of the fact that this case is proceeding as a class action, the court will
also require the parties to propose a reasonable trial plan, including the issues to be tried
in each phase (e.g., whether issues as to causation and damages are best determined
together). See generally Espenscheid v. DirectSat USA, LLC, 705 F.3d 770, 775 (7th Cir.
2013) (trial plan is reasonable request in class action suit); 2 William B. Rubenstein,
Newberg on Class Actions § 4:79 (5th ed. 2012) (trial plan is method for addressing
recurring concerns of manageability—individualization and choice of law complexities).
The parties are directed to meet and confer to develop a plan by August 1, 2017. If
the parties are able to reach agreement, then the parties’ joint submission is due on or
before August 11, 2017. If the parties are unable to reach agreement, then plaintiffs’

proposed plan is due August 11, 2017, with defendant’s response due August 18, 2017.
Entered this 29th day of June, 2017.
BY THE COURT:
/s/
__________________________________
WILLIAM M. CONLEY
District Judge

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