Free Status Report - District Court of Delaware - Delaware

Case 1:07-cv-00262-GMS

Document 37

Filed 02/05/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE WILLIAM WERSINGER, Plaintiff, v. BANK OF AMERICA CORPORATION, Defendant. ) ) ) ) ) ) ) ) )

C.A. No. 07-262-GMS

JOINT STATUS REPORT In accordance with the Court's Notice of Scheduling Conference, the parties hereby submit this joint status report addressing the conference's agenda items. 1. Jurisdiction and Service. The parties agree that the Court has subject matter and

personal jurisdiction over all parties and no parties remain to be served. 2. Substance of the Action. The Plaintiff seeks unpaid wages for hours worked and

overtime compensation under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201 et seq. Defendant denies that it violated the FLSA, and asserts various affirmative defenses. 3. · · · Identification of Issues. Was the Plaintiff improperly classified as exempt under the FLSA? Was the Plaintiff not compensated for work performed during meal periods? Was the Plaintiff not paid for all hours worked in training and performing

customer service work? 4. 5. Narrowing of Issues. None at this time. Relief. Plaintiff seeks unpaid overtime, liquidated damages (interest if liquidated

damages are not awarded) and attorneys' fees and costs for commencing this action. 6. Amendment of the Pleadings. The parties will not be amending the pleadings.

DB02:6553093.1

061442.1002

Case 1:07-cv-00262-GMS

Document 37

Filed 02/05/2008

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7. 8.

Joinder of the Parties. The parties will not be joining other parties. Discovery. The parties have exchanged initial disclosures and written discovery.

The joint discovery plan is set forth in the proposed scheduling order (D.I. 33). 9. 10. 11. Estimated Trial Length. The parties estimate the trial length will be 2 ­ 3 days. Jury Trial. A jury trial has been demanded by Plaintiff. Settlement. Parties agree that this matter should be submitted to mediation

pursuant to the Court's scheduling order. 12. 13. Other Matters. None. Counsel for the parties have conferred about each of the above matters.

/s/ Donald Gouge Donald L. Gouge, Jr. (I.D. No. 2234) Heiman, Gouge & Kaufman, LLP 800 King Street Wilmington, Delaware 19801 Telephone: (302) 658-1800 Facsimile: (302) 658-1473 Email: [email protected] /s/ Stephen B. Lebau Stephen B. Lebau, Pro Hac Vice LEBAU & NEUWORTH, LLC 606 Baltimore Avenue ­ Suite 201 Baltimore, Maryland 21204 Telephone: (410) 296-3030 Email: [email protected] Attorneys for Plaintiff

/s/ Scott A. Holt Sheldon N. Sandler (I.D. No. 245) Scott A. Holt (I.D. No. 3399) Young Conaway Stargatt & Taylor, LLP The Brandywine Building, 17th Floor 1000 West Street Wilmington, Delaware 19801 Telephone: (302) 571-6673; 571-6623 Facsimile: (302) 576-3330; 576-3299 Email: [email protected]; [email protected] Attorneys for Defendant

Dated: February 5, 2008

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