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IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

AUSTIN DIVISION 

BRYNNE SOUKUP, ) 

Plaintiff, ) 

) Civil Action No. 1:20-cv-648-RP 

v. ) 

) 

FRONTIER AIRLINES, INC. and ) 

FLIGHT SERVICES & SYSTEMS, LLC, ) 

Defendants. ) 

UNOPPOSED MOTION TO CONTINUE DEFENDANT’S 

EXPERT REPORT DEADLINE 

NOW INTO COURT, comes Defendant, Flight Services & Systems, LLC (“Defendant” or 

“FSS”), who files this Unopposed Motion to Continue Defendant’s Expert Report Deadline in the 

above-captioned matter and respectfully requests a 30-day extension for Defendant to serve its 

expert report(s) – for the reasons more fully explained herein. 

Procedural Background 

1. On July 21, 2020, Plaintiff filed an amended complaint alleging workplace 

discrimination, harassment, and retaliation against co-defendants, FSS and Frontier 

Airlines, Inc. See Amended Complaint, Rec. Doc. 7. 

2. In response, Frontier Airlines, Inc. filed a Motion to Dismiss, Rec. Doc. 10, on 

August 4, 2020, and FSS filed its own Motion to Dismiss, Rec. Doc. 19, on October 

7, 2020. 

3. While FSS’s and Frontier Airlines, Inc.’s Motions to Dismiss were pending, the 

Parties agreed to delay significant discovery until the motions were ruled upon – so 

that the Parties could focus their discovery efforts on the surviving claims and/or 

parties. 

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4. On February 9, 2021, this Court granted Frontier Airlines, Inc.’s Motion to Dismiss 

in whole and granted FSS’s Motion to Dismiss in part, dismissing Plaintiff’s 

harassment claims against FSS. See Order, Rec. Doc. 33. 

5. Since then, Plaintiff and FSS have conducted significant discovery, including 

exchanging voluminous written discovery, conducting a Rule 37 conference to 

amicably resolve discovery issues, supplementing discovery responses and 

production, and scheduling depositions. 

IT Issues in Plaintiff’s Production of Documents Delay Plaintiff’s Deposition 

6. On March 8, 2021, FSS served Interrogatories, Requests for Production, and 

Request for Admission on Plaintiff, and Plaintiff provided written responses on 

April 21, 2021. 

7. Plaintiff’s discovery responses and production of documents contained 

deficiencies, including approximately 100-pages of illegible e-mails. 

8. Pursuant to a Rule 37 conference conducted on April 30, 2021, Plaintiff agreed to 

provide supplemental responses, including producing legible copies of the 

approximately 100-pages of responsive e-mails. 

9. Because Plaintiff’s deposition was scheduled to take place on May 13, 2021, 

Plaintiff agreed to produce the supplemental discovery responses and production 

by close of business on May 7, 2021. 

10. On May 10, 2021, Plaintiff supplemented its discovery production to produce a 

large, 5 GB file of raw “.olm” data containing Plaintiff’s e-mail communications. 

This was produced in order to correct the approximately 100-pages of illegible emails. 

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11. However, this supplemental production of “raw” data ultimately contained nearly 

90,000 emails and attachments (when Plaintiff’s original discovery production 

contained only 1,200 pages of responsive documents). 

12. After several communications to try to resolve this discrepancy, Plaintiff Counsel 

represented that, due to an IT conversion issue, he was unaware that the additional, 

tens of thousands of e-mails existed and had not reviewed them. But Plaintiff 

Counsel represented that he had produced all documents in his possession to FSS 

and that he either could not or would not parse down the approximately 90,000 emails and attachments for responsiveness. See E-Mail Chain dated May 17, 2021, 

attached as “Exhibit A.” 

13. In an effort to resolve this issue without the need for Court intervention, FSS agreed 

to review the 90,000 e-mails and attachments for responsiveness, but requested that 

Plaintiff’s deposition (which had been re-scheduled for the following week on 

May 19, 2020) be left open based on the newly-produced e-mails. See id. 

14. Plaintiff objected to this request and consented only to (again) re-scheduling 

Plaintiff’s deposition until after Defendant had an opportunity to meaningfully 

review the nearly 90,000 e-mails and attachments. See id.

15. The parties subsequently re-scheduled Plaintiff’s deposition for June 9, 2021—in 

order to allow Defendant time to review the newly-produced 90,000 e-mails and 

attachments. 

Defendant’s Expert Report Deadline 

16. Defendant’s current deadline to serve its expert report(s) is June 11, 2021. See Text 

Order dated March 24, 2021. 

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17. Because this deadline is a mere two days after Plaintiff’s re-scheduled deposition, 

Defendant respectfully requests a short extension of its expert report deadline to 

allow it time to secure an expert and provide a report based on Plaintiff’s deposition 

testimony. 

18. Plaintiff does not opposes this request. 

19. Therefore, FSS respectfully requests that its deadline to serve expert report(s) be 

extended 30-days, or until July 12, 2021. 

20. The discovery deadline is this case is August 20, 2021, and this case is currently set 

for a jury trial beginning December 13, 2021. 

21. The requested 30-day extension of Defendant’s expert report deadline will not 

affect the trial date. The extension will change Plaintiff’s deadline to object to the 

reliability of Defendant’s expert(s) from on or before June 22, 2021 to on or before 

July 23, 2021 and Plaintiff’s deadline to file designation of rebuttal experts from on 

or before June 25, 2021 to on or before July 27, 2021. 

22. Defendant respectfully represents that it is not seeking this extension for any 

improper purpose. 

WHEREFORE, Defendant, Flight Services & Systems, LLC, respectfully requests that the 

Court grant this Unopposed Motion to Continue Defendant’s Expert Report Deadline in the abovecaptioned matter, extending Defendant’s deadline to serve expert report(s) by 30-days, or until 

July 12, 2021. 

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Respectfully Submitted: 

CHAFFE McCALL, LLP 

/s/ Sarah V. Myers 

Sarah Voorhies Myers (pro hac vice) 

Amy L. McIntire (pro hac vice) 

2300 Energy Centre, 1100 Poydras Street 

New Orleans, LA 70163 

T: (504) 585-7000 

F: (504) 544-6092 

E: myers@chaffe.com 

E: mcintire@chaffe.com 

H. Michael Bush 

Texas Bar No.24054296 

2300 Energy Centre, 1100 Poydras Street 

New Orleans, LA 70163 

T: (504) 585-7000 

F: (504) 544-6042 

E: bush@chaffe.com 

Attorneys for Defendant, 

Flight Services & Systems, LLC 

CERTIFICATE OF SERVICE

I hereby certify that on this 3rd day of June, 2021, a true and correct copy of the foregoing 

was served by filing the same in this Court’s CM/ECF System. 

/s/ Sarah Voorhies Myers 

Sarah V. Myers 

CERTIFICATE OF CONFERENCE

I hereby certify that the parties have conferenced and Plaintiff does not oppose this 

request. 

/s/ Sarah Voorhies Myers 

Sarah V. Myers 

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