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Case 3:13-cv-00146-RNC Document 21 Filed 06/11/13 Page 1 of 10




UNITED STATES DISTRICT COURT

DISTRICT OF CONNECTICUT

Plaintiff,


LYNN ANDRUS,


v.

DOONEY & BOURKE, INC. and
PETER DOONEY





Defendants.



















CIVIL ACTION NO.
3:13-CV-00146 (RNC)







JUNE 11, 2013





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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

“Defendants”).

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I.

Certification

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.

II.

Jurisdiction

A.

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).

B.

Personal Jurisdiction

Defendants do not contest personal jurisdiction.

III. Brief Description of Case

A.

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.

B.

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.

C.

Defenses and Claims of Third Party Defendants

At this time, there are no third party defendants in this case.


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IV.

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

undisputed:

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 &

Bourke.

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.

V.

Case Management Plan

A.

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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B.

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).

C.

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.

D.

Joinder of Parties and Amendment of Pleadings

1.

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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E.

Discovery

a.

The Parties anticipate that discovery will be needed on the following subjects:





i.

ii.



Plaintiff will seek discovery on the allegations in her Complaint:

Defendants will seek discovery on the following matters:

(1)

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;

(2)

the basis for Plaintiff’s claim for unpaid commissions

under Conn. Gen. Stat. § 31-72;

(3)

the basis for Plaintiff’s Equal Pay Act claims;

(4)

the basis for Plaintiff’s age and gender discrimination

claims;

(5)

the basis for Plaintiff’s hostile work environment/sexual

harassment claims;

(6)

the basis for Plaintiff’s claims against Mr. Dooney; and

(7)

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.

e.

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.

f.

The Parties do not intend to request permission from this Court to serve more

than twenty-five (25) interrogatories.

g.

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.



i.

A damages analysis will be provided by the Plaintiff to the Defendants by no

later than September 20, 2013.

j.

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

Complaint.

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.

F.

Dispositive Motions

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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VI.

Trial Readiness



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.

DEFENDANTS,
DOONEY & BOURKE, INC. AND
PETER DOONEY

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
[email protected]


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
[email protected]
ADMITTED PRO HAC VICE
Attorneys for Defendants



Respectfully submitted,

PLAINTIFF,
LYNN ANDRUS

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
[email protected]

Attorneys for Plaintiff










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CERTIFICATION

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
CM/ECF System.





By /s/ Daniel L. Schwartz
Daniel L. Schwartz


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