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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 20-cv-61690-SINGHAL

DEBRON WALLEN, 

SANJAY SHAKES, Individually and

On Behalf of All Others Similarly Situated, 

Plaintiffs, 

Vs. 

SVENSK MANAGEMENT, INC. &

RICHARD FERNBACH

_________________________________/

JOINT PLANNING AND SCHEDULING REPORT

Pursuant to Southern District of Florida Local Rule 16.1(B), Federal Rule of Civil 

Procedure 26(f), and this Honorable Court’s August 21, 2020 Order Requiring Scheduling Report 

(ECF No. 5), Plaintiff Debron Wallen, Plaintiff Sanjay Shakes, Defendant Svensk Management, 

Inc., and Defendant Richard Fernbach, now file this Joint Scheduling Report in the above styled 

action and show the Court as follows:

CASE MANAGEMENT TRACK

Plaintiffs have styled the instant action as a collective action under §216(b) of the Fair 

Labor Standards Act (“FLSA”). Plaintiffs intend to add opt-in plaintiffs to the instant action and 

also to request permission from this Court to conditionally certify a class of similarly situated 

individuals and to issue notice to that putative class. As a result, Plaintiffs suggested to Defendants 

that the instant action should be placed on the Complex Case Management Track, as defined in 

Local Rule 16.1(A)(2)(C). Defendants do not believe that the instant action is appropriate to 

proceed as a collective action, and instead, assert that it should proceed for the named Plaintiffs 

only. Nonetheless, Defendants do not object to the placement of the instant action on the Complex 

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Case Management Track, so that sufficient time can be provided for discovery after any ruling by 

the Court on a collective action motion filed by Plaintiffs.

ELEMENTS REQUIRED BY LOCAL RULE 16.1

(A) The likelihood of settlement;

The likelihood of settlement cannot be determined at this time, as Plaintiffs intend to add 

additional parties, ask the Court for preliminary certification of a collective action, and send 

notice to all employees, employed on the date of the filing of the action and backward three 

years.

(B) A discussion of the likelihood of appearance in the action of additional parties;

It is highly likely additional parties will make an appearance in this action, as additional parties 

have already expressed an interest, to Plaintiff’s Counsel, in opting into the action. 

(C) Proposed limits on time:

_11/20/20__ Parties shall notify the Court of their selected mediator and 

time, date, and place scheduled for mediation.

_1/22/21__ Joinder of additional parties (including any motion 

requesting conditional certification as a collective action)

and amendment of pleadings.

_5/21/21__ Plaintiff shall furnish opposing counsel with a written list 

containing the names and addresses of all expert witnesses 

intended to be called at trial.

_6/18/21__ Defendant shall furnish opposing counsel with a written list

containing the names and addresses of all expert witnesses 

intended to be called at trial.

_7/2/21__ Parties shall exchange written lists containing the names and 

addresses of all witnesses intended to be called at trial.

_7/30/21__ Mediation or settlement conference must be completed.

_8/13/21__ All fact and expert discovery shall be completed.

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_9/10/21___ All dispositive pretrial motions, including summary 

judgment motions and Daubert motions shall be filed.

_12/3/21___ All non-dispositive pretrial motions, including motions in 

limine, shall be filed.

_1/7/22___ Joint Pretrial Stipulation must be filed. Designations of 

deposition testimony shall be made.

_1/7/22___ Proposed jury instructions and verdict form and/or proposed 

findings of fact and conclusions of law must be filed.

(D) Proposals for the formulation and simplification of issues, including the elimination 

of frivolous claims or defenses;

The Parties are unable to eliminate any claims or defenses at this point in time but will 

endeavor to do so in order to simplify the issues, including the elimination of frivolous 

claims or defenses. 

(E) The necessity or desirability of amendments to the pleadings;

Plaintiff plans to add parties as opt-in Plaintiffs and seek preliminary, and final 

certification for an opt-in action. 

(F) A discussion of possible admissions of fact of possible stipulations regarding the 

authenticity of documents; and of the need for advance rulings from the Court on 

the admissibility of evidence;

The Parties will endeavor to stipulate to facts and admissions of documents and 

electronically stored information such as to avoid unnecessary proof at trial. However, at 

this point in time, the Parties are unable to stipulate to any facts at this time.

(G)Suggestions for the avoidance of unnecessary proof and of cumulative evidence;

The Parties do not have any suggestions at this time. 

(H)Suggestions on the advisability of referring matters to a Magistrate Judge or 

master:

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The parties do not consent to the magistrate at this time. 

(I) A preliminary estimate of the time required for trial;

The parties estimate that this will be a 4-5 day trial. 

(J) Requested dates for conferences before trial, a final pretrial conference and trial.

The parties propose January 17, 2022 for trial and January 10, 2022 for the calendar call. 

(K) Any Issues About 

(i) Disclosure, discovery, or preservation of electronically stored information 

including the form or forms in which it should be produced 

The Parties agree to comply with Federal Rules of Civil Procedure 26(a)(A)(ii), 

34(b)(1)(C) and 34(b)(2) in connection with the disclosure and discovery of 

electronically stored information. Documents, including electronic discovery, will be 

produced in PDF format or by printing the electronic documents. Electronic discovery

does not have to be produced in its natural form, unless the authenticity of a particular 

document becomes an issue in the case

(ii) Claims of Privilege or Protection 

The Parties agree that these will be addressed in response to specific discovery items.

(iii) ESI Checklist on Court’s Website

The Parties do not anticipate using the ESI Check List at this moment. 

(L) Any other information useful to the Court in setting the case for status or pretrial conference 

As previously mentioned, the Plaintiffs plan to move for preliminary and final 

certification of this action as an opt-in collective action. If granted same may require an 

extension of the above deadlines. 

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Respectfully Submitted,

Dated: 10/13/2020 

Lubell Rosen

Attorney for Plaintiffs

200 South Andrews Ave, Suite 900

Ft. Lauderdale, Florida 33301

Tel: (954) 880-9500

Fax: (954) 755-2293

By: /s/ Joshua H. Sheskin___

 Joshua H. Sheskin, Esq.

 Florida Bar Number 93028

 E-Mail: jhs@lubellrosen.com

Littler Mendelson, P.C.

Attorneys for Defendants

Wells Fargo Center

333 S.E. 2nd Avenue, Suite 2700

Miami, Florida 33131

Tel: (305) 400-7500

Fax: (305) 603-2552

/s/ Stella S. Chu____________

Aaron Reed

Florida Bar No. 557153

E-mail: areed@littler.com

Stella S. Chu

Florida Bar No. 60519

E-mail: sschu@littler.com

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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 20-cv-61690-SINGHAL

DEBRON WALLEN, 

SANJAY SHAKES, Individually and

On Behalf of All Others Similarly Situated, 

Plaintiffs, 

Vs. 

SVENSK MANAGEMENT, INC. &

RICHARD FERNBACH

_________________________________/

PROPOSED JOINT SCHEDULING ORDER

The Court, having received and reviewed the parties’ Joint Scheduling Report and being 

otherwise duly advised in the premises thereof, it is thereupon, ORDERED AND ADJUDGED as 

follows:

I. CASE MANAGEMENT TRACK

This case is placed on the Standard Case Management Track, as defined in Local Rule 16.1 

(A)(2)(b), S.D. Fla.

II. TRIAL

This action is set for trial during the two-week trial period beginning on _______________. 

Calendar call will be held at ________ on _____________________, at 

_________________________________. A pretrial conference will be held immediately 

following calendar call only if requested by the parties in advance. 

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III. TIME LIMITS

(1) The deadline to file a notice of selection of mediator that also indicates the time, 

date, and place for mediation is _______________.

(2) The deadline to add/join other parties and to amend the pleadings is __________.

(3) The deadline for Plaintiff to furnish opposing counsel with a list of expert witnesses 

intended to be called as trial, along with the summaries/reports required by Local Rule 16.1(K), is 

.

(4) The deadline for Defendant to furnish opposing counsel with a list of expert 

witnesses intended to be called at trial along with the summaries/reports required by Local Rule 

16.1 (K), is . 

(5) The deadline to exchange witness lists is .

(6) The deadline to complete mediation is . 

(7) The deadline to complete all fact and expert discovery is . 

(8) The deadline to file dispositive motions and Daubert motions (which include 

motions to strike experts) and supporting memoranda of law is ____________. 

(9) The deadline to file motions in limine and all other non-dispositive motions and 

supporting memoranda of law is .

(9) The deadline to file the joint pre-trial stipulation, proposed jury instructions and 

proposed verdict form is .

(10) The calendar call is scheduled for _________________.

(11) The trial is scheduled for the trial period commencing on ___________________. 

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DONE AND ORDERED in Chambers this _____ day of ____________, 2020.

__________________________________

UNITED STATES DISTRICT JUDGE

Copies furnished to:

All Parties

4827-3848-4686.1 109338.1001

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