Free Motion for Discovery - District Court of Federal Claims - federal

Case 1:05-cv-01043-VJW

Document 96

Filed 04/18/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS NO: 05-1043C JORGE A. DELPIN APONTE, et al., v. UNITED STATES OF AMERICA

MOTION FOR LEAVE TO SERVE ADDITIONAL LIMITED DISCOVERY UPON DEFENDANT BEFORE THE HONORABLE COURT: COMES NOW plaintiffs in the above captioned complaint and as further detailed, through undersigning counsel, respectfully STATE and PRAY: 1. On March 21, 2008, plaintiffs deposed Defendant's

Representative Mrs. Jo Ann Mitchell.

As of the date of this

motion, plaintiffs have not received the final transcript to the deposition, but do have available the preliminary draft sent by the Court Reporting Company on April 7, 2008. 2. During the deposition, Mrs. Mitchell made reference to certain categories of documents which are pertinent to the matters subject of the deposition and of the current issues pending before this Honorable Court in the captioned matter. 3. Plaintiffs seek leave to request that Defendant produce the documents responsive to these categories. Only a handful of

categories would be required at this point, since the matters discussed during the deposition made it clear, with

Case 1:05-cv-01043-VJW

Document 96

Filed 04/18/2008

Page 2 of 2

mathematical certainty, that Defendant is not paying overtime in accordance with FLSA. 4. The categories of documents to be requested from Defendant, as per the attached draft, are the following: a. Retention policies for the Change Control Board; b. Retention policies for the Payroll Department; c. Software Change Request related to overtime calculations; d. Software Change Request related to the Regular Rate

calculations; WHERETOFORE, plaintiffs move the Honorable Court for leave to serve upon Defendant a Request for Production of Documents based on these four (4) categories of documents. Respectfully submitted, S/ Santiago F. Lampón

SANTIAGO F. LAMPÓN LAMPÓN & ASSOCIATES PO BOX 363641 SAN JUAN, PR 00936-3641 Tel: (787) 273-6767 Fax: (787) 758-3679 Attorney for Plaintiffs April, 18, 2008 CERTIFICATE OF SERVICE I hereby certify that on this same date, a copy of the foregoing motion has been filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. S/ Santiago F. Lampón

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