67839.1

IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

CALVIN FLUKER, RICARDO ) 

WRIGHT, BERYL JACKSON, ) 

TRACEY MARTIN, LISA ) 

PITCHFORD, KIMBERLY LOVE, ) 

) 

Plaintiffs, ) 

) 

v. ) CIVIL ACTION NO.: 

) 2:06cv785-MHT 

) 

U.S. FOODSERVICE, INC. and ) 

U.S. FOODSERVICE, INC. - ) 

MONTGOMERY DIVISION, ) 

) 

Defendants. ) 

REPORT OF PARTIES’ PLANNING MEETING

1. Pursuant to Fed. R. Civ. P. 26(f), a meeting was held on November 2, 

2006, via telephone, and was attended by: 

Jon C. Goldfarb, attorney for plaintiffs; 

Tammy L. Baker, attorney for defendant U.S. Foodservice, Inc.

1

2. Pre-Discovery Disclosures. By December 10, 2006, the parties will 

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

 

1

Plaintiffs also named “U.S. Foodservice, Inc. – Montgomery Division” as a defendant. 

However, no such legal entity exists. 

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3. Discovery Plan. The parties jointly propose to the Court the 

following discovery plan: 

Discovery will be needed on the claims that plaintiffs properly have before 

the Court, defendant’s affirmative defenses, and the alleged damages of plaintiffs. 

All discovery should be commenced in time to be completed by October 2, 

2007.2

Interrogatories (Responses due 30 days after service) 

Maximum of 25 interrogatories (including discrete subparts) by each party 

to any other party. 

Requests for Production of Documents (Responses due 30 days after 

service) 

Maximum of 30 requests for production (including discrete subparts) by 

each party to any other party. 

Requests for Admissions (Responses due 30 days after service) 

Maximum of 25 requests for admissions (including discrete subparts) by 

each party to any other party. 

Depositions – Depositions shall be limited to a maximum of seven (7) hours 

each unless extended by agreement of the parties or by direction of the Court. 

 

2 Due to the fact that there are multiple plaintiffs in this matter and each plaintiff makes multiple 

claims against defendant, the parties are in need of a significant amount of time in which to 

complete discovery. 

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Maximum of 20 depositions by plaintiffs collectively and 20 depositions by 

defendant (in addition to plaintiffs). 

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

from plaintiffs by May 24, 2007; and 

from defendant by June 28, 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 parties do not request a conference with the Court before entry of the 

scheduling order. 

The parties request a pretrial conference in December 2007. 

The parties disagree on the deadlines for joining additional parties or 

amending the pleadings. Defendant would like the deadlines to be December 14, 

2006 for plaintiffs, and January 14, 2007 for defendant. Plaintiffs would like the 

deadlines to be May 15, 2007 for plaintiffs, and June 15, 2007 for defendant. 

All potentially dispositive motions should be filed by August 31, 2007. 

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

under the Court’s Alternative Dispute Resolution Plan. Until some discovery is 

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conducted, the parties do not believe mediation would be productive. The parties 

will inform the Court when and if it appears that this case is suitable for mediation. 

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

due: 

from plaintiffs by 30 days before trial; and 

from defendant by 30 days before trial. 

Parties should have 15 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 the trial docket of January 28, 2008. At this 

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

Respectfully submitted this 3rd day of November, 2006. 

ATTORNEYS FOR PLAINTIFFS: 

s/ Jon C. Goldfarb 

ATTORNEYS FOR DEFENDANT: 

s/ Tammy L. Baker 

Jon C. Goldfarb (GOL015) 

Maury S. Weiner (WEI021) 

Ethan R. Dettling (DET001) 

Wiggins, Childs, Quinn & Pantazis, LLC 

301 19th Street North 

Birmingham, Alabama 35203 

Phone: (205) 314-0500 

Facsimile: (205) 254-1500 

Tammy L. Baker (ASB-9522-B62T) 

E-mail: tbaker@constangy.com

Direct Dial No.: (205) 226-5466 

Tamula R. Yelling (ASB-9447-E61T) 

E-Mail: tyelling@constangy.com 

Direct Dial No.: (205) 226-5471 

Constangy, Brooks & Smith, LLC 

1819 Fifth Avenue North 

One Federal Place, Suite 900 

Birmingham, Alabama 35203 

Fax: (205) 323-7674 

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