UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

SANDRA ALCAZAR, et al.,

Plaintiffs,

v.

WALGREEN CO., d/b/a

WALGREENS,

Defendant.

/

Case No. 2:14-CV-13739-GAD-RSW

Hon. Gershwin A. Drain

JOINT MOTION TO STAY ALL PROCEEDINGS AND,

FOLLOWING STAY, TO PERMIT A SECOND AMENDED COMPLAINT

The Parties, by and through their undersigned counsel, respectfully move

this Court to enter an Order: (i) staying all deadlines and proceedings through and

including March 13, 2015; and (ii) should the Parties be unable to resolve this

action prior to the expiration of the stay, providing (a) Plaintiffs until March 20,

2015 to amend their complaint a second time, and (b) Defendant until April 10,

2015 to respond to Plaintiffs’ complaint. In support of their joint motion, the

Parties state as follows:

1. Plaintiffs filed their First Amended Complaint on September 30,

2014. See Doc. 3. The First Amended Complaint includes as parties 38 named

Plaintiffs.

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2. Defendant waived formal service of the First Amended Complaint,

giving it a response deadline of January 5, 2015. See Executed Waiver, Doc. 4.

3. Defendant has provided Plaintiffs with some preliminary information

about the 38 Plaintiffs. Through that disclosure, the Parties have discovered that

some Plaintiffs are not properly part of this lawsuit.

4. Defendant has also discussed with Plaintiffs—and Plaintiffs

acknowledge—the need for some specifics as to the allegations of each Plaintiff,

such as their dates of employment in the Executive Assistant Manager (“EXA”)

position that they have put at issue, the stores where each Plaintiff worked as an

EXA, the specific weeks in which each Plaintiff claims to have worked overtime

hours as an EXA, and the number of overtime hours each Plaintiff claims to have

worked each week as an EXA. At present, Plaintiffs’ First Amended Complaint

provides none of these facts and is, instead, based on group allegations as to

Plaintiffs’ employment.

5. Ultimately, the Parties agree that this action will either be resolved

through their settlement discussions or, if it is not, that Plaintiffs’ First Amended

Complaint will need to be amended in order to satisfy applicable pleading

standards.

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6. In addition to discussing the deficiencies of Plaintiffs’ First Amended

Complaint, the Parties have discussed the possibility of an early resolution of this

action.

7. Given the factual deficiencies in the First Amended Complaint, the

large number of Plaintiffs in this action and the amount of time it will take to add

some specifics as to each of their allegations, Plaintiffs’ counsel’s need to prepare

for a trial in January, and the Parties’ desire to engage in a preliminary settlement

dialogue, the Parties agree that expending time on pretrial and scheduling

conferences, formal discovery, and motions/pleadings practice would very likely

result in the undue waste of their own time and resources as well as the time and

resources of this Court.

8. For the foregoing reasons, the Parties jointly request that this Court

enter an Order (i) staying all deadlines and proceedings in this action through and

including March 13, 2015; and (ii) in the event that the Parties do not resolve this

action prior to the expiration of the stay, providing Plaintiffs until March 20, 2015

to amend their complaint and Defendant until April 10, 2015 to respond to

Plaintiffs’ complaint.

9. The Parties attach a Proposed Order for this Court’s consideration.

Respectfully submitted this 31st day of December, 2014.

By: s/ Josh Sanford

Josh Sanford

By: s/ Louisa J. Johnson

Brett C. Bartlett

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Arkansas Bar No. 2001037

josh@sanfordlawfirm.com

SANFORD LAW FIRM, PLLC

One Financial Center

650 South Shackleford, Suite 411

Little Rock, Arkansas 72211

Telephone: (501) 221-0088

Facsimile: (888) 787-2040

COUNSEL FOR PLAINTIFFS

Georgia Bar No. 040510

bbartlett@seyfarth.com

Louisa J. Johnson

Georgia Bar No. 391805

lojohnson@seyfarth.com

SEYFARTH SHAW LLP

1075 Peachtree St. NE, Suite 2500

Atlanta, Georgia 30309

Telephone: (404) 885-1500

Facsimile: (404) 892-7056

Lynn V. Luther

Michigan Bar No. P65492

lvluther@eastmansmith.com

Eastman & Smith Ltd.

One Seagate, 24th Floor

P.O. Box 10032

Toledo, Ohio 43699-0032

Telephone: (419) 247-1746

Facsimile: (419) 247-1777

COUNSEL FOR DEFENDANT

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