Cline et al v. DC Power Tong, LLC et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
WESTERN DIVISION
JEFF CLINE, MATTHEW SIMMONS, AND
ALL OTHERS SIMILARLY SITUATED
UNDER 29 USC § 216(b),
Plaintiffs,
v.
DC POWER TONG, LLC, DEREK
LINGHOR, JONAS MCKENZIE, BOB
HVINDEN & MICHAEL SHANE
KORNKVEN,
Defendants.
Civil Action No. 1:16-cv-00301-DLH-CSM
SCHEDULING/DISCOVERY PLAN
SCHEDULING/DISCOVERY PLAN
Pursuant to Rule 26(f), counsel for the parties certify that on November 16, 2016, they
conferred by telephone person to discuss the nature and basis of their clients’ claims and defenses,
the possibilities for a prompt settlement or resolution of the case, and a proposed discovery plan.
After conferring, counsel for the parties have agreed upon the following:
Two-Phase Litigation and Discovery Plan
Because this is an FLSA collective action potentially involving dozens of potential
plaintiffs, the Parties propose that the case proceed in two separate phases which will affect all of
the deadline proposals sought by the Court’s typical Scheduling Order:
Phase One is limited to the Court’s consideration of Plaintiffs’ Motion for Notice and
Conditional Certification seeking court-approval to send notice to the other similarly
situated individuals who worked for Defendants (or an Agreed Motion for Notice and
Conditional Certification if the Parties can reach agreement).
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Phase Two: If the Court grants the Motion for Notice and Conditional Certification (or if
the Parties agree on the motion), an opt-in period will be established for individuals to file
consents to join the action. Phase Two of the case would begin immediately after the close
of any opt-in period or after the Court denies the Motion. Because the size of the case will
affect all of the deadlines in the case, the Parties are ordered (1) to meet and confer within
10 days after Phase Two begins for the purpose of conducting a second Rule 16 conference
which 	addresses 	the 	deadlines 	and 	proposals 	set 	forth 	in 	the 	Court’s 	form
Scheduling/Discovery Plan, and (2) to file, within 14 days of the meeting, a proposed
scheduling 	order 	addressing 	the 	deadlines 	identified 	in 	the 	Court’s 	form
Scheduling/Discovery Plan
Additional Issues
1. 	The parties will set a deadline for making Rule 26(a)(1) disclosures in Phase Two of the
case.
2. 	The issues on which the parties need to conduct discovery are:
Phase One: None
Phase Two: The Parties will need discovery concerning the nature and extent of Plaintiffs’
job duties, working hours, and compensation. Plaintiff will need discovery of Defendants’
efforts to comply with the FLSA.
3. 	The fact discovery deadline and deadline to file discovery motions will be set in Phase
Two of the case.
4. 	The parties shall provide the names of expert witnesses and complete reports under Rule
26(a)(2) in accordance with deadlines set in Phase Two of the case.
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5. 	The deadline to complete discovery depositions of expert witnesses will be set in Phase
Two of the case.
6. 	The deadline to move to join additional parties will be set in Phase Two of the case.
7. 	The deadline to move to amend pleadings to add claims or defenses will be set in Phase
Two of the case.
8. 	The deadline to file other nondispositive motions (e.g., consolidation, bifurcation) will be
set in Phase Two of the case.
9. 	The deadline to file threshold motions (e.g., jurisdiction, qualified immunity, statute of
limitations) will be set in Phase Two of the case. Discovery shall not be stayed during
the pendency of such motions.
10. 	The deadline to file other dispositive motions (summary judgment as to all or part of the
case) will be set in Phase Two of the case.
11. 	Any limits on the number of interrogatories will be set in Phase Two of the case.
12. 	Any expansion or limitation on the number of discovery depositions will be set in Phase
Two of the case.
13. 	Depositions taken for presentation at trial shall be completed 45 days before trial, unless
the Parties agree otherwise.
14. 	Counsel have discussed between themselves and explored with their clients early
involvement in alternative dispute resolution. The following option(s) would be
appropriate in this case:
The Parties agree that mediation with a private mediator is appropriate in this case.
The deadline for the parties to be ready to evaluate the case for settlement purposes will
be set in Phase Two of the case.
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15. 	A mid-discovery status conference would be helpful in this case. An appropriate time for
the conference would be will be set in Phase Two of the case.
16. 	The parties will not voluntarily waive their rights to proceed before a district judge and
consent to have a magistrate judge conduct any and all further proceedings in the case,
including the trial, and order the entry of a final judgment.
17. 	The trial date for this case will be set in Phase Two of the case.
18. 	The estimated length of trial will be provided in Phase Two of the case.
Dated this 17 th day of November, 2016.
By: 	/s/ J. Derek Braziel
J.DEREK BRAZIEL*
Co-Attorney in Charge
Texas Bar No. 00793380
JAY FORESTER*
Texas Bar No. 24087532
Lee & Braziel, L.L.P.
1801 N. Lamar Street, Suite 325
Dallas, Texas 75202
(214) 749-1400 phone
(214) 749-1010 fax
www.overtimelawyer.com
*Admitted to Practice in this Court
ATTORNEYS FOR PLAINTIFFS
JACK SIEGEL*
Co-Attorney in Charge
Texas Bar No. 24070621
Siegel Law Group PLLC
10440 N. Central Expy., Suite 1040
Dallas, Texas 75231
(214) 706-0834 phone
(469) 339-0204 fax
www.4overtimelawyer.com
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By: 	/s/ Joseph M. Sokolowski
Joseph M Sokolowski (MN # 0178366)*
Ashley R. Thronson (MN #0395947)*
FREDRIKSON & BYRON, P.A.
200 South Sixth Street, Suite 4000
Minneapolis, MN 55402-1425
Phone: (612) 492-7000
Facsimile: (612) 492-7077
jsokolowski@fredlaw.com
athronson@fredlaw.com
Attorneys for Defendants
*Admitted to practice in this Court
Lawrence Bender (ND Bar No. 03908)
Danielle M. Krause (ND Bar No. 06874)
FREDRIKSON & BYRON, PA.
1133 College Drive, Suite 1000
Bismarck, ND 58501-1215
Telephone: 701.221.8700
Facsimile: 701.221.8750
lbender@fredlaw.com
dkrause@fredlaw.com
59858770_1.docx
Case 1:16-cv-00301-DLH-CRH Document 18 Filed 11/21/16 Page 5 of 6

ORDER
The court ADOPTS the parties’ scheduling and discovery plan without any additions or
modifications.
IT IS SO ORDERED.
Dated this 21st day of November, 2016.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court
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