IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

LISA RIEGEL, et al.,

Plaintiffs,

Civil Action 2:17-cv-1112

v. Chief Judge Edmund A. Sargus, Jr.

Magistrate Judge Kimberly A. Jolson

KANA HOTELS, INC., et al.,

Defendants.

RULE 26(f) REPORT

Pursuant to Federal Rule of Civil Procedure 26(f), a meeting was held on February 28,

2018, and was attended by:

Greg R. Mansell , counsel for plaintiff(s) Riegel & Dagenfield,

Fred G. Pressley, Jr. , counsel for defendant(s) Kana Hotels, Inc. and

Alpesh Patel,

Counsel represent that, during the meeting, they engaged in a meaningful attempt to meet and

confer on the matters outlined below.

1. CONSENT TO MAGISTRATE JUDGE

Do the parties consent to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c)?

Yes X No

2. INITIAL DISCLOSURES

Have the parties agreed to make initial disclosures?

X Yes No _____The proceeding is exempt under Rule 26(a)(1)(B)

If yes, such initial disclosures shall be made by April 13, 2018.

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3. VENUE AND JURISDICTION

Are there any contested issues related to venue or jurisdiction?

Yes X No

If yes, describe the issue:

If yes, the parties agree that any motion related to venue or jurisdiction shall be filed by

N/A .

4.

a.

PARTIES AND PLEADINGS

The parties agree that any motion or stipulation to amend the pleadings or to join

additional parties shall be filed by June 22, 2018.

b. If the case is a class action, the parties agree that the motion for class certification shall be

filed by N/A.

5. MOTIONS

a. Are there any pending motion(s)?

Yes No

If yes, indicate which party filed the motion(s), and identify the motion(s) by name and

docket number:

Defendant Alpesh Patel filed a Motion to Dismiss Plaintiffs’ Amended Complaint, 

Doc. No. 7, filed on February 16, 2018. 

Plaintiffs thereafter filed an unopposed motion to dismiss Defendant Alpesh Patel as 

a party, pursuant to Fed. R. Civ. P. 21, Doc. No. 10, filed on March 1, 2018.

The Court granted Plaintiffs’ Rule 21 motion and dismissed Alpesh Patel as a party 

to this action, Doc. No. 11, on March 5, 2018.

b. Are the parties requesting expedited briefing on the pending motion(s)?

Yes X No

If yes, identify the proposed expedited schedule:

Opposition to be filed by N/A; Reply brief to be filed by N/A.

6. ISSUES

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Jointly provide a brief description of case, including causes of action set forth in the complaint,

and indicate whether there is a jury demand:

Plaintiffs Riegel and Dagenfield assert claims under the Fair Labor Standards Act, the 

Ohio Minimum Fair Wage Standards Act, the Ohio Constitution, and the Ohio Prompt Pay 

Act. Specifically, Plaintiffs allege Defendants’ unlawful retention of tips, unlawful claiming of 

a tip credit, and the failure to pay minimum wages violate the FLSA and Ohio law. Further, 

Plaintiffs allege that Defendants have failed to pay overtime compensation in violation of the 

FLSA and Ohio law. Plaintiff Riegel also asserts a claim of retaliation under the FLSA.

There is a jury demand.

7.

a.

DISCOVERY PROCEDURES

The parties agree that all discovery shall be completed by September 28, 2018. The

parties to schedule agreetheir discovery in such a way as to require all responses to discovery to be

served prior to the cut-off date, and to file any motions relating to discovery within the

discovery period unless it is impossible or impractical to do so. If the parties are unable to 

reach an agreement on any matter related to discovery, they are directed to arrange a 

conference with the Court.

b. Do the parties anticipate the production of ESI? X Yes No

If yes, describe the protocol for such production: The parties agree to produce ESI in 

the most efficient way possible.

c. Do the parties intend to seek a protective order or clawback agreement? Yes

If yes, such order or agreement shall be produced to the Court by May 4, 2018.

8. DISPOSITIVE MOTIONS

a. Any dispositive motions shall be filed by November 9, 2018.

b. Are the parties requesting expedited briefing on dispositive motions?

Yes X No

If yes, identify the proposed expedited schedule:

Opposition to be filed by N/A; Reply brief to be filed by N/A.

9. EXPERT TESTIMONY

a. Primary expert reports must be produced by July 13, 2018.

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b. Rebuttal expert reports must be produced by August 27, 2018.

10. SETTLEMENT

Plaintiffs will a make a settlement demand upon receipt of discovery necessary to 

accurately calculate a demand. Defendant will respond within 30 days of receipt of Plaintiff’s 

demand. The parties agree to make a good faith effort to settle this case. The parties understand that 

this case will be referred to an attorney mediator, or to the Magistrate Judge, for a settlement 

conference during this Court’s settlement week. The parties request the following week:

March 20___; June 20___; September 2018; December 20___

In order for the conference to be meaningful, the parties agree to complete all discovery that may

affect their ability to evaluate this case prior to the beginning of settlement week. The parties

understand that they will be expected to comply fully with the settlement week orders which

require, inter alia, that settlement demands and offers be exchanged prior to the conference and

that principals of the parties attend the conference.

11. RULE 16 PRETRIAL CONFERENCE

Do the parties request a scheduling conference?

Yes, the parties would like a conference with the Court prior to it issuing a scheduling

order. The parties request that the conference take place 

telephone.

in chambers by

X No, a conference is not necessary; the Court may issue a scheduling order after

considering this Report.

12. OTHER MATTERS

Indicate any other matters for the Court’s consideration:

Signatures:

Attorney for Plaintiff(s): Attorney for Defendant(s):

/s/ Greg R. Mansell /s/ Fred G. Pressley, Jr.

Counsel for Plaintiffs Riegel & Dagenfield Counsel for Defendants Kana Hotels

Ohio Bar No.: 0085197 Inc. and Alpesh Patel

Ohio Bar No.: 0023090

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/s/ Carrie J. Dyer /s/ Rachel E. Burke

Counsel for Plaintiffs Riegel & Dagenfield Counsel for Defendants Kana Hotels

Ohio Bar No.: 0090539 Inc. and Alpesh Patel

Ohio Bar No.: 0066863

DATE: March 6, 2018

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