Filed: Feb. 15, 2013
Latest Update: Feb. 15, 2013
Summary: ORDER DONALD G. WILKERSON, Magistrate Judge. On February 15, 2013 a Final Pretrial Conference was held where Plaintiffs were represented by attorneys Paul, Schwarz, and Potashnick and Defendant was represented by attorneys Prophete and Ray. Pursuant to that Conference, the following is hereby ORDERED: 1. Attached to this Order is a Proposed Final Pretrial Order with the changes identified and agreed to at the Conference. The parties should be prepared to sign the order on the first day of t
Summary: ORDER DONALD G. WILKERSON, Magistrate Judge. On February 15, 2013 a Final Pretrial Conference was held where Plaintiffs were represented by attorneys Paul, Schwarz, and Potashnick and Defendant was represented by attorneys Prophete and Ray. Pursuant to that Conference, the following is hereby ORDERED: 1. Attached to this Order is a Proposed Final Pretrial Order with the changes identified and agreed to at the Conference. The parties should be prepared to sign the order on the first day of tr..
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ORDER
DONALD G. WILKERSON, Magistrate Judge.
On February 15, 2013 a Final Pretrial Conference was held where Plaintiffs were represented by attorneys Paul, Schwarz, and Potashnick and Defendant was represented by attorneys Prophete and Ray. Pursuant to that Conference, the following is hereby ORDERED:
1. Attached to this Order is a Proposed Final Pretrial Order with the changes identified and agreed to at the Conference. The parties should be prepared to sign the order on the first day of trial. The changes that have been made by the Court reflect the following:
a. Section III: Uncontroverted facts will be read to the jury as stipulations of fact.
b. With consent of parties, Section IV(2)(c) is changed to: "Whether and to what extent Plaintiffs can claim damages for time worked in weeks where the clock rings reflect that they worked for more than 40 hours but where Defendant's pay record reflects that they were paid for working under 40 hours."
c. Section V(A)(4): The parties agree that Defendant may depose Witness Aaron Brookins prior to trial. Defendant withdraws its objection to inclusion of this witness in the proposed Final Pretrial Order.
d. Section V(A)(9): Plaintiffs withdraws this paragraph.
e. Section V(B)(9): Plaintiffs withdraws their objection. Defendants shall provide, however, the clock rings of witnesses Gore, Watson, Johnson, and Logan within 7 days of the date of this Order.
f. Section IX: Trial Briefs shall be filed by February 20, 2013.
g. Section X(C): There will be a minimum of 8 jurors.
2. The Court has reviewed the Parties' voir dire questions. The Court will conduct general voir dire and the parties are granted 15 minutes to conduct their own voir dire. The parties are reminded that while they may ask follow-up questions, they should not ask repetitive questions. The parties are also reminded to review their questions and be more circumspect in their questioning. Impertinent or irrelevant questions will not be tolerated.
3. Plaintiffs' Motion in Limine (Doc. 246) is found to be MOOT. Defendant does not object to the exclusion of Plaintiff Whitby's charge of race discrimination from evidence in this case. Defendant's Motion in Limine (Doc. 247) will be taken up at trial.
4. The parties shall appear by 8:00 A.M. on the first day of trial.
FINAL PRETRIAL ORDER
This matter is before the Court for a Final Pretrial Conference held pursuant to Rule 16 of the Federal Rules of Civil Procedure:
I. NATURE OF THE CASE
This case involves a claim for unpaid wages under the Fair Labor Standards Act. Defendant Amsted Rail Company manufactures freight cars and locomotive components at its steel foundry and manufacturing facility in Granite City, Illinois. In this case, Chester Marshall and Richard Whitby allege that they were paid based on their scheduled shifts rather than the time they actually spent working, and that they were not paid for the time they spent working before and after their scheduled shifts. Plaintiffs seek their unpaid regular and overtime wages. Amsted denies Plaintiffs' allegations.
II. JURISDICTION
A. This is an action for damages.
B. The jurisdiction of the Court is not disputed and is based on the federal question statute, 28 U.S.C. § 1331 and 29 U.S.C. § 216(b).
III. UNCONTROVERTED FACTS
The following facts are stipulated to by the parties:
1. Defendant Amsted Rail Company is a steel and train parts manufacturing company that operates the foundry and manufacturing facility at issue in this case, in Granite City, Illinois.
2. Plaintiff Chester Marshall has been employed by Amsted during the applicable statute of limitations as an hourly-paid chipper, leadman, and foreman/instructor.
3. Plaintiff Richard Whitby was formerly employed by Amsted during the applicable statute of limitations as an hourly-paid chipper inspector, laborer, and mold processor.
4. During the times at issue in this case, Amsted classified Plaintiffs as non-exempt, hourly employees.
5. Plaintiffs are employees covered by the Fair Labor Standards Act.
IV. AGREED TO ISSUES OF LAW
The parties agree that the following are the issues to be decided by the Court:
1. Whether Plaintiffs are entitled to liquidated damages.
2. The proper calculation of purported overtime damages, specifically:
a. The proper divisor for calculation of the regular rate (i.e. whether it is the amount of time Plaintiffs contend they worked—clock ring hours— or the amount of time Plaintiffs were paid for).
b. Whether any alleged damages should be computed at .5 times the regular rate—the "half-time"—or whether they should be calculated at 1.5 times the regular rate; and
c. Whether and to what extent Plaintiffs can claim damages for time worked in weeks where the clock rings reflect that they worked for more than 40 hours but where Defendant's pay record reflects that they were paid for working under 40 hours.
V. WITNESSES
A. List of witnesses plaintiffs expect to call, including experts:
1. Robert Offerman, expert witness
2. Chester Marshall
3. Richard Whitby
4. Aaron Brookins
5. Wayne Luce
6. Peggy Reynolds
7. Chris Dockery
8. Any witnesses identified by Defendant
B. List of witnesses defendant expects to call, including experts:1
1. Wayne Luce
2. Peggy Reynolds
3. Chris Dockery
4. Matt Modrovsky, supervisor
5. Kevin Jordan, supervisor
6. Joel Grinston, supervisor
7. Neil Huff, supervisor
8. George Smith, supervisor
9. Ed Self, supervisor
10. Ralph Gore
11. Larry Watson
12. Lenroy Johnson
13. John Logan
C. Rebuttal witnesses. Each of the parties may call such rebuttal witnesses as may be necessary, without prior notice to the other party.
VI. EXHIBITS
The parties' Pretrial Exhibit Stipulation is attached hereto as Appendix 1.
VII. DAMAGES
An itemized statement of the back wages sought by Plaintiffs is attached hereto as Appendix 2. In addition, Plaintiffs seek liquidated damages equal to the amounts shown on Appendix 2, plus attorneys' fees and costs.
VIII. BIFURCATED TRIAL
The parties do not seek a bifurcated trial.
IX. TRIAL BRIEFS
Trial briefs shall be filed by February 20, 2013.
X. LIMITATIONS, RESERVATIONS, AND OTHER MATTERS
A. Trial Date. Trial of this cause is set for February 25-27, 2012.
B. Length of Trial. The probable length of trial is 3 days. The case will be listed on the trial calendar to be tried when reached.
Mark Appropriate Box: JURY. . . . . . . . . __X__
NON-JURY. . . . ____
C. Number of Jurors. There shall be a minimum of eight jurors.
D. Jury Voir Dire. The Court will conduct voir dire. Parties may conduct voir dire but are limited to 15 minutes.
E. Jury Instructions. All jury instructions shall be submitted as directed by the presiding judge and a copy delivered to opposing counsel.
This Final Pretrial Order may be modified at the trial of the action or before to prevent manifest injustice or for good cause shown. Such modification may be made either on application of counsel for the parties or by the Court on its own.
IT IS SO ORDERED.
