Employment: Fair Labor Standards Act-Unpaid Wages-Extension of Expert Report Deadline

Plaintiffs filed a class-action suit against defendants, seeking compensation for unpaid wages allegedly earned during off-duty time spent on short rest breaks and while plaintiffs were resting in their trucks’ sleeper berths. Following a trial, the jury awarded plaintiffs more than $779,000 in damages for short rest-break wages. The district court awarded plaintiffs a reduced amount of liquidated damages and attorneys’ fees and costs and refused to award plaintiffs certain taxable costs and awarded defendants costs on plaintiffs’ sleeper-berth claims.

Where there was no good cause, the district court erred in extending the deadline for disclosing expert reports to permit plaintiffs to submit a new expert report to correct flaws in their original expert report discovered during deposition.

Colloton, J., dissenting: “The district court did not find good cause to modify the schedule, and thus concluded that the plaintiffs should be sanctioned for their late submission. Rather than exclude the late report entirely, the court exercised its discretion to impose a lesser sanction:  plaintiffs were permitted to file the untimely expert report, but they were required to pay the defendants costs in the amount of $61,222.14 that were incurred as a result of the tardy submission.  I conclude that the court’s order was consistent with the rules of procedure and a permissible exercise of discretion.”

Judgment is vacated and remanded

Petrone v. Werner Enterprises Inc. (MLW No. 74027/Case No. 18-1574, 18-1647 & 18-2116 – 20 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.) Appealed from U.S. District Court, District of Nebraska. (Justin L. Swidler, of Cherry Hill, NJ for appellants/cross-appellees) (Joseph Edward Jones, of Omaha, NE for appellees/cross-appellants; Elizabeth A. Culhane, of Omaha, NE on brief)