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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

PECOS DIVISION

KENNETH CRAIN, Individually and For 

Others Similarly Situated,

 Plaintiff,

v.

BERGAILA & ASSOCIATES, INC.,

 Defendants.

Case No. 4:20-cv-00008

COLLECTIVE ACTION PURSUANT

TO 29 U.S.C. § 216(b) 

JURY TRIAL DEMANDED

JOINT MOTION TO EXTEND STAY AND FOR EQUITABLE TOLLING

Pursuant to Federal Rule of Civil Procedure 1 and the Court’s equitable power to control 

its docket, Kenneth Crain (“Crain”), individually and on behalf of himself and those similarly 

situated, and Defendant Bergaila & Associates, Inc. (“Bergaila”) (together, “the Parties”) jointly 

move to extend the stay entered by this Court on April 29, 2020 case for an additional 60 days to 

allow the Parties to continue to work together in a good-faith effort to resolve this case. The Parties 

also request the Court continue to equitably toll the putative collective members’ respective

statutes of limitations from the date the Court grants the Parties’ instant Motion through the 

expiration of the requested stay.

1. Plaintiff filed his Complaint on February 4, 2020. ECF No. 1. Defendant answered 

on March 2, 2020. ECF No. 8.

2. On April 22, 2020, the Parties filed their Joint Motion to Stay Proceedings & 

Deadlines and for Equitable Tolling, so that the Parties could engage in early settlement 

discussions. ECF No. 11. The Court granted that motion on April 29, 2020 and stayed the case 

for 60 days. ECF No. 14.

Case 4:20-cv-00008-DC Document 16 Filed 06/29/20 Page 1 of 4
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3. The Parties have exchanged the data they previously agreed to exchange and they 

have exchanged settlement proposals as contemplated by the original motion for stay. See ECF 

No. 11 at 1–2. The Parties are now working to schedule mediation to continue their good-faith 

discussions.

4. The Parties request the Court continue to stay all proceedings and deadlines in this 

case. The Parties’ proposed stay will conserve the Parties’ resources and serve judicial economy 

while they work towards a potential resolution of this matter. See FED. R. CIV. P. 1 (indicating the 

rules “should be construed, administered, and employed by the court and the parties to secure the 

just, speedy, and inexpensive determination of every action and proceeding”).

5. The Parties also request the Court continue to stay the putative collective members’ 

respective statutes of limitations pending the additional 60-day requested stay while the Parties 

engage in mediation and further informal resolution discussions. 

WHEREFORE, the Parties respectfully ask the Court to grant their Joint Motion, stay this 

case for an additional 60 days to allow the Parties to attempt to informally resolve this matter in 

good faith, and to toll the putative collective members’ respective statutes of limitation. 

Case 4:20-cv-00008-DC Document 16 Filed 06/29/20 Page 2 of 4
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RESPECTFULLY SUBMITTED AND AGREED TO BY: 

Dated: June 29, 2020

JOSEPHSON DUNLAP

/s/ Taylor A. Jones

Michael A. Josephson

TX Bar No. 24014780

Andrew W. Dunlap

TX Bar No. 24078444

Taylor A. Jones

TX Bar No. 24107823

Josephson Dunlap

11 Greenway Plaza, Suite 3050

Houston, Texas 77046

713-352-1100 – Telephone

713-352-3300 – Facsimile

mjosephson@mybackwages.com

adunlap@mybackwages.com

tjones@mybackwages.com

Richard J. (Rex) Burch

TX Bar No. 24001807

Bruckner Burch PLLC

8 Greenway Plaza, Suite 1500

Houston, Texas 77046

713-877-8788 – Telephone

713-877-8065 – Facsimile

rburch@brucknerburch.com

ATTORNEYS FOR PLAINTIFF

AND PUTATIVE CLASS MEMBERS

Dated: June 29, 2020

LITTLER MENDELSON, P.C.

/s/ Nicole S. LeFave

Allison C. Williams

TX Bar No. 24075108

LITTLER MENDELSON, P.C.

A Professional Corporation

1301 McKinney Street, Suite 1900

Houston, Texas 77010

713-951-9400 – Telephone

713-951-9212 – Facsimile

acwilliams@littler.com

Nicole S. LeFave

TX Bar No. 24085432

LITTLER MENDELSON, P.C.

A Professional Corporation

100 Congress Avenue, Suite 1400

Austin, Texas 78701

512-982-7250 – Telephone

512-982-7248 – Facsimile

nlefave@littler.com

ATTORNEYS FOR DEFENDANT

BERGAILA & ASSOCIATES, INC.

Case 4:20-cv-00008-DC Document 16 Filed 06/29/20 Page 3 of 4
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CERTIFICATE OF SERVICE

I hereby certify that on June 29, 2020, I served the foregoing on all parties and/or their 

counsel of record via the Court’s CM/ECF filing system in accordance with the Federal Rules of 

Civil Procedure.

/s/ Nicole S. LeFave

Nicole S. LeFave

4820-4187-7441.1 106793.1001

Case 4:20-cv-00008-DC Document 16 Filed 06/29/20 Page 4 of 4