Wisnewski v. Champion Healthcare Corporation

Full title: Sister Juliana Wisnewski, on behalf of herself and others similarly…

Court: United States District Court, D. North Dakota, Southeastern Division

Date published: Apr 30, 1999

Civil No. A3-96-72 (D.N.D. Apr. 30, 1999)

Opinion

Civil No. A3-96-72.

April 30, 1999.

ORDER

RODNEY S. WEBB, Chief Judge.

Several motions are pending before the Court in the above captioned case. Oral argument was heard on Thursday, April 29, 1999, in Fargo, North Dakota. Based upon memorandum submitted and arguments presented by the parties, and upon findings and reasoning announced by the Court at the hearing, the Court rules as follows:

1. Motion by plaintiffs for oral argument, (docket # 213), is GRANTED.

2. Motion by plaintiffs for leave to interpose third amended class action complaint to dismiss state law claims and certain federal claims without prejudice, (docket # 212), is DENIED.

3. Motion by plaintiffs to defer plaintiffs' Rule 26 damage disclosure as to claims to be dismissed, (docket # 219), is DENIED.

4. Motion by plaintiffs for entry of order approving plaintiffs' damage disclosure of March 22, 1999, (docket # 226), is DENIED.

5. Motion by Champion defendants to compel damage disclosure, (docket # 231), and motion by defendant Dakota Medical Foundation to compel damage disclosure, (docket # 233), are GRANTED, and plaintiffs are ORDERED AND DIRECTED to disclose on or before May 27, 1999, a computation of any category of damages claimed by the plaintiffs. Defendants' respective requests for sanctions are DENIED. There is no further obligation for the parties to file memorandum. with the Court in this regard.

6. Plaintiffs are further ORDERED AND DIRECTED to declare to the defendants and file with the Court on or before May 6, 1999, designation of representative plaintiffs including notation of which claim or claims each named representative plaintiff exemplifies.

7. Motion by Champion defendants to strike plaintiffs' motion for partial summary judgment, (docket # 234), is GRANTED, and motion by plaintiffs for partial summary judgment against Champion defendants on federal wage claim for overtime pay, (docket # 228), is DENIED. Plaintiffs motion for partial summary judgment is hereby ORDERED STRICKEN from the docket. However, plaintiffs are not foreclosed from presenting the issue at a later time.

IT IS SO ORDERED.

RODNEY S. WEBB, CHIEF JUDGE UNITED STATES DISTRICT COURT