United States District Court, D. Nebraska
DAKOTA OLIPHANT, on behalf of himself and others similarly situated; Plaintiff,
SPRINT CORPORATION, a Kansas Corporation; and SPRINT/UNITED MANAGEMENT COMPANY, a Kansas Corporation; Defendants.
POST-CONDITIONAL CERTIFICATION DISCOVERY PLAN AND
CASE PROGRESSION ORDER
MICHAEL D. NELSON UNITED STATES MAGISTRATE JUDGE.
accordance with the parties' proposed post-conditional
certification discovery plan and case progression schedule
submitted to the Court, IT IS ORDERED:
Representative Plaintiffs and Alternates.
Plaintiffs and Sprint will select a total of 20 opt-in
Plaintiffs to serve, along with the named Plaintiff, as
representative Plaintiffs for purposes of discovery and trial
(the “Representative Plaintiffs”).
Plaintiffs and Sprint will select the Representative
Plaintiffs in the following order: Plaintiffs will identify
five Representative Plaintiffs, Sprint will then identify the
next set of five Representative Plaintiffs, Plaintiffs will
identify the third set of Representative Plaintiffs, and
Sprint will select the final set of five Representative
Should any Representative Plaintiff fail to respond to
written discovery or appear for a deposition, the party that
selected that particular Representative Plaintiff will select
another individual to take the non-responsive Plaintiff's
place as a Representative Plaintiff.
Sprint reserves the right to move for the dismissal of any
Plaintiff who fails to respond to written discovery or to
appear for a deposition from this lawsuit with prejudice.
Written Discovery. Sprint may serve written
discovery on only the Named Plaintiff and the Representative
Plaintiffs and shall be limited to 20 interrogatories and 20
document requests per Representative Plaintiff. If a
Plaintiff does not respond to written discovery within a
reasonable time, then an alternate will be selected to
respond to written discovery.
Depositions. Sprint may take the depositions of any
of the Representative Plaintiffs. The parties will work
together to select convenient times and locations for the
Additional Witnesses. This stipulation does not
limit either party from identifying additional witnesses who
are not opt-in Plaintiffs (e.g., supervisors, managers, and
other corporate witnesses) to provide testimony for
dispositive motions, class certification, decertification, or
trial, etc. However, no witness may be identified to testify
at trial who was not first disclosed during discovery with
sufficient time for the non-disclosing party to conduct
discovery regarding that witness and to depose that witness.
Final Certification and Trial. Sprint reserves the
right to oppose Plaintiffs' anticipated motion for final
certification of the opt-in FLSA collective. In the event
that the Court finally certifies the opt-in FLSA collective,
the parties agree that the testimony and written discovery
relating to any Representative Plaintiffs selected under this
agreement are representative of non-testifying members of the
FLSA opt-in class for purposes of trial and, accordingly,
that no opt-in Plaintiffs who are not identified as
Representative Plaintiffs may testify at trial. Nothing in
this agreement requires either party to call all, or any, of
the Representative Plaintiffs as witnesses at trial.
Discovery Deadline: This additional discovery shall
be completed on or before June 1, 2020.
Motions to compel discovery under Rules 33, 34, and 36 must
be filed by June 15, 2020.
Note: A motion to compel, to quash, or for a
disputed protective order shall not be filed without first
contacting the chambers of the undersigned magistrate judge
to set a conference for discussing the parties'
Sprint agrees to supplement all discovery previously served
upon them on ...