Case 3:13-cv-00146-RNC Document 21 Filed 06/11/13 Page 1 of 10
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
DOONEY & BOURKE, INC. and
CIVIL ACTION NO.
JUNE 11, 2013
RULE 26(f) REPORT OF PARTIES’ PLANNING MEETING
Date Complaint Filed:
January 30, 2013
Date Complaint Served:
Date of Defendant’s Appearance: March 28, 2013
March 21, 2013
Date Motion to Amend Complaint Filed: May 16, 2013
Date Motion for Leave to Amend Complaint Granted: June 7, 2013
Pursuant to Fed. R. Civ. P. 16(b), 26(f) and D. Conn. L. Civ. R. 16, undersigned counsel
for the parties conferred and prepared this Rule 26(f) Report on May 21, 2013.
The Participants in the planning meeting were:
Timothy J. McGuire, Esq., Halloran & Sage LLP for Plaintiff Lynn Andrus
Daniel L. Schwartz, Esq., Day Pitney LLP for Defendants Dooney & Bourke, Inc. (“Dooney and
Bourke”) and Peter Dooney (“Mr. Dooney”) (collectively referred to hereinafter as
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Undersigned counsel certify that, after consultation with their clients, they have discussed
the nature and basis of the parties’ claims and defenses and any possibilities for achieving a
prompt settlement or other resolution of the case and, in consultation with their clients, have
developed the following proposed case management plan. Counsel further certify that they have
forwarded a copy of this report to their clients.
Subject Matter Jurisdiction
Defendants do not contest subject matter jurisdiction. Subject matter jurisdiction of this
Court arises under Title 28 U.S.C., § 1331 and § 1332(a)(1).
Defendants do not contest personal jurisdiction.
III. Brief Description of Case
Claims of Plaintiff
Plaintiff claims in her seven-count Amended Complaint that Defendants violated Conn.
Gen. Stat. § 31-71a, et. seq. (the Connecticut Wage Statute), 29 U.S.C. § 206 et. seq. (the Equal
Pay Act), 42 U.S.C. 2000e, et seq. (Title VII of the Civil Rights Act (“Title VII”)); 29 U.S.C.
§ 621 et seq. (the Age Discrimination in Employment Act (“ADEA”)) and Conn. Gen. Stat.
§ 46a-60(a)(1) et seq. (the Connecticut Fair Employment Practices Act (“CFEPA”)). Plaintiff
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alleges that she was employed by Dooney & Bourke for approximately twenty-five years and
that after it terminated her employment on March 15, 2012, it failed to pay commissions
allegedly due to her in the amount of $44,159.30. Plaintiff also alleges that during her
employment, Defendants violated the Equal Pay Act by paying her less than similarly-situated
male employees. Plaintiff further alleges that the termination of her employment was based on
her gender and age in violation of Title VII, ADEA and CFEPA. In addition, Plaintiff alleges
that Defendants created a hostile work environment and subjected Plaintiff to sexual harassment.
Defenses and Claims of Defendant
Defendants deny all of Plaintiff’s material allegations. More specifically, Defendants
deny that there are any unpaid commissions due to Plaintiff or that they paid Plaintiff less than
any similarly-situated male employees during her employment. Defendants also deny that the
termination of Plaintiff’s employment was based on Plaintiff’s age or gender. Defendants further
deny that they created a hostile work environment or subjected Plaintiff to sexual harassment.
Defendants deny that Plaintiff is entitled to any of the damages and attorneys fees and costs
asserted in the Complaint. Defendants also assert that Plaintiff’s Equal Pay Act claims may be
barred, in whole or part, by the applicable statute of limitations.
Defenses and Claims of Third Party Defendants
At this time, there are no third party defendants in this case.
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Statement of Undisputed Facts
Counsel certify that they have made a good faith attempt to determine whether there are
any material facts that are not in dispute. The Parties state that the following material facts are
1. Plaintiff began working at Dooney & Bourke in or about 1987 as a receptionist and was
thereafter promoted and provided with increased opportunities and responsibilities.
2. In or around 1996, Plaintiff began working as a salaried sales person for Dooney &
3. During some of the time that Plaintiff worked as a salaried sales person for Dooney &
Bourke, she sold Dooney & Bourke’s products to large department stores, including
Macy’s and Nordstrom.
4. On or about March 15, 2012, Phillip Kinsley, Vice President of Finance at Dooney &
Bourke, informed Plaintiff that her employment was being terminated.
5. Dooney & Bourke continued to pay Plaintiff her base salary through June 30, 2012.
Case Management Plan
Standing Order on Scheduling Civil Cases
The Parties request modification of the deadlines in the Standing Order on Scheduling in
Civil Cases as described herein.
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Scheduling Conference With the Court
The Parties do not request a pretrial conference with the Court before entry of scheduling
order pursuant to Fed. R. Civ. P. 16(b).
Early Settlement Conference
1. The Parties certify that they have considered the desirability of attempting to
settle the case before undertaking significant discovery or motion practice.
Settlement is unlikely at this time.
2. The Parties do not request an early settlement conference.
3. The Parties prefer a settlement conference with a magistrate judge after the
completion of discovery.
4. The Parties do not request a referral to alternative dispute resolution pursuant to
D. Conn. L. Civ. R. 16 at this time.
Joinder of Parties and Amendment of Pleadings
Plaintiff does not intend to file motions to join additional parties or to further
amend the Complaint.
2. Defendants do not intend to file motions to join additional parties. Defendants
will file a response to the Amended Complaint within fourteen (14) days after
the Court grants Plaintiff’s Motion for Leave to File Amended Complaint or as
otherwise ordered by the Court.
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The Parties anticipate that discovery will be needed on the following subjects:
Plaintiff will seek discovery on the allegations in her Complaint:
Defendants will seek discovery on the following matters:
the basis for Plaintiff’s claims on liability and damages,
including but not limited to Plaintiff’s claim for emotional distress and all
aspects of the allegations set forth in the Complaint;
the basis for Plaintiff’s claim for unpaid commissions
under Conn. Gen. Stat. § 31-72;
the basis for Plaintiff’s Equal Pay Act claims;
the basis for Plaintiff’s age and gender discrimination
the basis for Plaintiff’s hostile work environment/sexual
the basis for Plaintiff’s claims against Mr. Dooney; and
the basis for all of Plaintiff’s alleged damage claims.
b. All discovery, including depositions of expert witnesses pursuant to Fed. R. Civ.
P. 26(b)(4), will be commenced on or after June 1, 2013 and completed (not
propounded) by January 31, 2014.
c. Discovery will not be conducted in phases.
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d. Discovery on facts will be completed by January 31, 2014. Expert discovery
will be completed by January 31, 2014.
The Parties anticipate that the Plaintiff will require a total of not more than ten
(10) depositions of fact witnesses and that the Defendants will require a total of
not more than ten (10) depositions of fact witnesses. The depositions will
commence after June 1, 2013, and be completed by January 31, 2014.
The Parties do not intend to request permission from this Court to serve more
than twenty-five (25) interrogatories.
Plaintiff does intend to call expert witnesses at trial. Plaintiff will designate all
trial experts and provide opposing counsel with reports from retained experts
pursuant to Fed. R. Civ. P. 26(a)(2) by no later September 20, 2013.
Depositions of such experts will be completed by January 31, 2014.
h. Defendants may call expert witnesses at trial. Defendants will designate all trial
experts and provide opposing counsel with reports from retained experts
pursuant to Fed. R. Civ. P. 26(a)(2) by October 30, 2013. Depositions of such
experts will be completed by January 31, 2014.
A damages analysis will be provided by the Plaintiff to the Defendants by no
later than September 20, 2013.
Undersigned counsel have discussed the disclosure and preservation of
electronically stored information, including, but not limited to, the form in
which such data shall be produced, the location and format of electronically
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stored information, appropriate steps to preserve electronically stored
information and the allocation of costs of assembling and producing such
information. The Parties have agreed that, to the extent possible, all discovery
will be provided in paper form. In addition, the Parties have made reasonable
efforts and inquiry to retain electronic data relating to the allegations in the
k. Undersigned counsel have discussed discovery procedures that minimize the
risk of waiver of privilege or work-product protection, including procedures for
asserting privilege claims after production. The Parties agree that privileged
information inadvertently produced will not waive the attorney-client privilege.
Dispositive Motions, if any, will be filed on or before March 14, 2014.
G. Joint Trial Memorandum
The Joint Trial Memorandum required by the Standing Order on Trial Memoranda in
Civil Cases will be filed on the latter of: (i) April 25, 2014; or (ii) sixty (60) days after a decision
is rendered on any dispositive motion.
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The case will be ready for trial within sixty (60) days after the filing of the Joint Trial
Memorandum described above.
As officers of the Court, the undersigned counsel agree to cooperate with each other and
the Court to promote the just, speedy and inexpensive determination of this action.
DOONEY & BOURKE, INC. AND
By: /s/ Daniel L. Schwartz
Daniel L. Schwartz, Esq. (ct09862)
Day Pitney LLP
One Canterbury Green
Stamford, CT 06901
Telephone: (203) 977-7300
Facsimile: (203) 977-7301
By: /s/ Thomas J. McAndrew
Thomas J. McAndrew, Esq. (PHV# ___)
Thomas J. McAndrew, Esq. & Associates
One Turks Head Place, Suite 205
Providence RI 02903
Telephone: (401) 455-0350
Facsimile: (401) 455-0882
ADMITTED PRO HAC VICE
Attorneys for Defendants
By: /s/ Timothy J. McGuire
Timothy J. McGuire, Esq. (ct28049)
Halloran & Sage, LLP
315 Post Road West
Westport, CT 06880
Telephone: (203) 227-2855
Facsimile: (203) 227-6992
Attorneys for Plaintiff
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I hereby certify that on June 11, 2013, a copy of the foregoing Rule 26(f) Report of
Parties’ Planning Meeting was filed electronically and served by mail on anyone unable to
accept electronic filing. Notice of this filing will be sent by e-mail to all Parties by operation of
the Court’s electronic filing system or by mail to anyone unable to accept electronic filing as
indicated on the Notice of Electronic Filing. Parties may access this filing through the Court’s
By /s/ Daniel L. Schwartz
Daniel L. Schwartz
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