69110.1

IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

JAMES KUCZMASKI, ADAM PIKE, ) 

RYAN PHILLIPS, JOSH STONE, ) 

SUHANE LOWERY, KEVIN BELL, ) 

and HAMP CRUM, III, individually and ) 

on behalf of all other persons similarly ) 

situated, ) 

) 

Plaintiffs, ) Civil Action No. 2:06-cv-731 

) 

v. ) 

) 

US FOODSERVICE, ) 

) 

Defendant. ) 

REPORT OF THE PARTIES’ PLANNING MEETING

1. Pursuant to Fed. R. Civ. P. 26(f), a meeting was held on October 18, 2006, via 

telephone, and was attended by: 

Gregory O. Wiggins, attorney for plaintiffs; 

Tammy L. Baker, attorney for defendant. 

2. Pre-Discovery Disclosures. By November 17, 2006, the parties will exchange 

the information required by Local Rule 26.1(a)(1). 

3. Discovery Plan. The parties jointly propose to the court the following 

discovery plan: 

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Discovery will be needed on the claims that plaintiffs properly have 

before the court, defendant’s affirmative defenses, and the alleged damages of 

the plaintiffs. 

All discovery should be commenced in time to be completed by June 15, 

2007.

Interrogatories (Responses due 30 days after service) 

Maximum of 50 interrogatories(including subparts) collectively between 

plaintiffs and defendant with regard to collective action issues, and maximum of 

25 (including subparts) by each party to any other party with regard to the merits 

of the named plaintiffs’ claims. 

Requests for Production of Documents (Responses due 30 days after service) 

Maximum of 50 requests (including subparts) collectively between 

plaintiffs and defendant with regard to collective action issues, and maximum of 

25 (including subparts) by each party to any other party with regard to the merits 

of the named plaintiffs’ claims. 

Requests for Admissions (Responses due 30 days after service) 

Maximum of 50 requests (including subparts) collectively between 

plaintiffs and defendant with regard to collective action issues, and maximum of 

25 (including subparts) by each party to any other party with regard to the merits 

of the named plaintiffs’ claims. 

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Depositions - Maximum of ten depositions collectively by plaintiffs and ten 

depositions by defendant (in addition to the named plaintiffs) with regard to 

collective action issues. Maximum of eight depositions by plaintiffs collectively 

and eight depositions by defendant (in addition to the named plaintiffs) with 

regard to the merits of the named plaintiffs’ claims. Depositionsshall be limited 

to a maximum of seven (7) hours each unless extended by agreement of the 

parties or by direction of the Court. 

Experts - Reports from retained experts under Fed. R. Civ. P. 26(a)(2) due: 

from plaintiffs by March 15, 2007. 

from defendant by April 16, 2007. 

Supplementations under Fed. R. Civ. P. 26(e)(1) are an ongoing and continuous 

requirement but must be made no later than 30 days before the close of 

discovery. 

4. Other Items.

The deadlines for joining additional parties or amending the pleadings are 

November 15, 2006, for plaintiffs and December 15, 2006, for defendant. This 

deadline does not include any potential opt-in plaintiffs in the event notice is given by 

the Court. 

All potentially dispositive motions should be filed by June 4, 2007. 

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The parties have discussed whether this action may be suitable for mediation 

under the Court’s Alternative Dispute Resolution Plan. The parties believe that early 

mediation of this case could be productive. 

Final lists of witnesses and exhibits under Fed. R. Civ. P. 26(a)(3) should be 

due: 

 from plaintiffs by 30 days before trial; 

 from defendant by 30 days before trial; 

Parties should have 10 days after service of final lists of witnesses and exhibits 

to identify and serve objections under Fed. R. Civ. P. 26(a)(3). 

The case should be ready for trial for the docket of November 5, 2007. At this 

time, the number of trial days necessary is difficult to estimate. 

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Dated this 19th day of October, 2006. 

ATTORNEYS FOR PLAINTIFFS: 

S. Gregory O. Wiggins

ATTORNEYS FOR DEFENDANT: 

s/ Tammy L. Baker 

Gregory O. Wiggins 

Kevin W. Jent 

Wiggins, Childs, Quinn & Pantazis, LLC 

301 19th Street North 

Birmingham, AL 35203 

Phone: (205) 314-0500 

Facsimile: (205) 254-1500 

Tucker F. Burge 

Burge & Burge 

850 Park Place Tower 

2001 Park Place North 

Birmingham, Alabama 35203 

Phone: (205) 251-9000 

Facsimile: (205) 3223-0512 

Tammy L. Baker 

Tamula R. Yelling 

Constangy, Brooks & Smith, LLC 

1819 5th Avenue North 

Suite 900 

Birmingham, Alabama 35203 

Phone: (205) 226-5466/5471 

Facsimile: (205) 323-7674 

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