Free Status Report - District Court of Delaware - Delaware

Case 1 :04-cv-00414-SLR Document 84 Filed O1/10/2007 Page 1 of 3
IN THE UNITED STATED DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
WILLIE DAVIS, JR., NATHANIEL *
BRIDDELL, GEORGE W. FEDDIMAN, *
JOSEPH GARISON, LARRY E. GIBBS, *
ROY H. WALTERS, and ALL *
SIMILARLY-SITUATED CURRENT *
AND FORMER EMPLOYEES OF *
MOUNTAIRE FARMS, INC., *
MOUNTAIRE FARMS OF DELMARVA *
INC., and MOUNTAIRE FARMS OF *
DELAWARE, INC., *
*
Plaintiffs, * Civil Action No. 04—4l4 — ***
v. *
MOUNTAIRE FARMS, INC., a Delaware *
Corporation, MOUNTAIRE FARMS OF *
DELMARVA, a Delaware Corporation, *
and MOUNTAIRE FARMS OF *
DELAWARE, INC., a Delaware *
Corporation, *
>[=
Defendant. *
JOINT STATUS REPORT
This is a Fair Labor Standards Act case brought by six crew leaders who allege that they
were improperly classified as exempt from overtime under the executive exemption. Judge
Jordan granted. the Defendants’ motion for summary judgment in its entirety; however, the Court
of Appeals for the Third Circuit reversed that ruling and remanded the case.
Present status:
The first amended scheduling order issued September 22, 2006 (D.I. 72) contains the
following dates:
Pretrial order—— January 22, 2007

Case 1:04-cv-00414-SLR Document 84 Filed O1/10/2007 Page 2 of 3
Jury instructions, voir dire, special verdict forms--three days before trial conference.
Pretrial conference —— February 22, 2007 4:30 pm.
Four day jury trial —- March 19, 2007.
Outstanding Motions:
Defendants’ Motion for Partial Summary Judgment is pending. The pleadings include
Defendants opening motion (D.I. 67, 9/ 15/ 06), Plaintiffs’ Answering Brief in Opposition (DJ.
75, 10/l3/06) and Defendants’ Reply (D.l. 79, ll/l0/06).
Status of Discovery:
The main discovery is completed. The parties agree that Plaintiffs may depose the new
witnesses presented by Defendants.
Mediation
The parties had a mediation conference before the motion for summary judgment. Other
matters
The parties agree that it would be premature to prepare a Pretrial Order before the
pending motion is decided, and that it d.oes not appear that this case can advance until a new
judge has been confirmed to fill the vacancy left by Judge J ordan’s appointment to the Court of
Appeals. Under the circumstances, the parties request that the dates for the pretrial order, voir
dire/jury instructions! special verdict forms, pretrial conference and trial be continued pending
appointment of a new judge.
Date: January I0, 2007

Case 1:04-cv-00414-SLR Document 84 Filed O1/10/2007 Page 3 of 3
Respectfully submitted,
/s/ Matthew F Boyer /ls/’ Jeyfrey KQ Mcxrrtin
Matthew F. Boyer (#2564) Jeffrey K. Martin (#2407)
CONNOLLY BOVE LODGE & HUTZ, MARGOLIS EDELSTBIN
LLP 1509 Gilpin Avenue
1220 Market Street Wilmington, DE 19806
P. O. Box 2207 (302) 777-4680
Wilinington, DE 19899
(3 02) 884-6585 Azwrneyfor Plainifjs
Arthur M. Brewer (admitted pro has vice)
SHAWE & ROSENTHAL, LLP
Sun Lite Building, lllh Floor
20 S. Charles Street
Baltimore, MD 21201
(410) 752-1040
/lz‘r0rrzeys_f0r Defemdrmr Mauntcmre Farms
[mi., Mounmire Farms (}fD€[1?1GFVCI Inc.,
and Mew/ztczire Fezrms 0fDelawczre Inc.

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