Requested Extension is Latest Point of Contention
in Suit Against Safelite Solutions
October 4, 2011
The plaintiffs who filed a class action suit last year against
Safelite Solutions have requested an extension of 120 additional
days for discovery in the case. The class
action suit was filed by a group of customer service representatives
(CSRs) last August and is related to allegations about overtime
The plaintiffs allege that they need an expert related to Safelite's
computer systems for the case, along with "a statistical expert
who can conduct statistically sound sampling of what are anticipated
to be over 400,000 pages of employee records, in order to calculate
The request for an extension was filed on September 26-just four
days before the September 30 deadline. Plaintiffs have requested
a new deadline of January 27.
Plaintiffs cite the way Safelite keeps its employment records as
one reason for the extension.
"Plaintiffs have been informed that the work records showing
the number of hours worked and whether the employee worked at least
40 hours per week are kept by date, not by employee, and consist
of more than 400,000 pages of records," write the plaintiffs.
Safelite officials have called this "another late filing by
the plaintiffs in the case."
"Plaintiffs filed their motion while both parties and their
counsel were together in a conference room taking the deposition
of plaintiff Joshua Pursley," writes the company. "At
no time before or during this deposition did plaintiffs mention
their desire to extend witness discovery or that they would be filing
(or had filed) this motion
The extension the plaintiffs now
seek would unduly prejudice [the] defendants' ability to respond
to discovery and prepare its summary judgment motion
Safelite officials also claim plaintiffs learned of how the records
are kept in late August, a month before the motion requesting an
extension was filed.
In addition, the company argues in its memo opposing the motion
that the discovery deadline already was extended once; the court
originally set a discovery deadline of June 1, but extended to October
1 in April.
The class action suit currently contains more that 200 current
and former Safelite Solutions CSRs who allege that the time CSRs
spend booting up their computers each day is not calculated into
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