UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
WESTERN DIVISION
_______________________________, )
)
Plaintiff(s), ) Case No. ___________________
)
v. ) Magistrate Judge Michael F. Iasparro
)
_______________________________, )
)
Defendant(s). )
FLSA SCHEDULING ORDER
Pursuant to FED. R. CIV. P. 16, the Court finds it necessary to implement a schedule
tailored to meet the particular circumstances of this case, which is based on the Fair Labor
Standards Act (“FLSA”). Therefore, consistent with the just, speedy and inexpensive
administration of justice (FED. R. CIV. P. 1), it is
ORDERED that the provisions of FED. R. CIV. P. 16 and 26 (a)(1) concerning the initial
disclosures and filing of a case management report are hereby waived in this case. Instead, the
parties shall comply with the following schedules.
1. By _________________ [21 days from the date this Order is issued], the parties
shall serve upon each other (but not file) copies of the following:
Plaintiff: 1 All documents in Plaintiff's possession, custody or control that pertain to
the unpaid wages claimed in the Complaint.
Defendant: All time sheets and payroll records in Defendant's possession, custody or
control that pertain to work performed by Plaintiff during the time period
for which Plaintiff claims unpaid wages.
1
If there is more than one plaintiff or defendant, the singular reference to plaintiff or defendant shall include the
plural.
2. By _________________ [42 days from the date this Order is issued], and no
earlier, Plaintiff shall answer the Court's Interrogatories (attached to this Order) under oath or
penalty of perjury, serve a copy on Defendant, and file the answers with the Court entitled
"Notice of Filing Answers to Court's Interrogatories."
3. In collective actions, an exchange of documents as referenced in Paragraph 1 shall
occur with respect to opt-in Plaintiffs who join the action before the dissemination of a court-
approved opt-in notice. The exchange of documents must occur within twenty days of their
filing of opt-in notices with this Court, and such opt-in Plaintiffs must thereafter file and serve
their respective answers to the Court's Interrogatories within an additional twenty days.
4. By _________________ [70 days from the date this Order is issued], after
Plaintiff serves answers to the Court's Interrogatories, counsel for Plaintiff and Defendant must
meet and confer in person in a good faith effort to settle all pending issues, including attorneys'
fees and costs. 2 The parties, including a representative of each corporate party with full
settlement authority, must be available by telephone during the conference to consider and
approve any settlement negotiated by counsel. Counsel must have full authority to settle, and
must set aside sufficient time for a thorough, detailed, and meaningful conference that is
calculated to fully resolve the case by agreement.
5. By _________________ [90 days from the date this Order is issued], after the
settlement conference, counsel shall jointly file a Report Regarding Settlement that notifies the
Court whether: (1) the parties have settled the case; (2) the parties have not settled the case but
wish to continue settlement discussions for a specific period of time; (3) the parties wish to
engage in a formal mediation conference before a specific mediator on or before a specific date;
2
In the case of an individual party not represented by counsel, the individual shall comply with the provisions of this
Order.
2
(4) either party requests a settlement conference before the United States Magistrate Judge who
upon the consent of the parties shall have the authority to approve the settlement as a “fair and
reasonable resolution of a bona fide dispute” over FLSA issues without additional filings made
by the parties; or (5) the parties have exhausted all settlement efforts and will immediately file a
proposed Case Management Order 3 signed by counsel for all parties.
6. The parties may consent to the conduct of all further proceedings in this case by
the United States Magistrate Judge. Absent consent, the Magistrate Judge shall prepare a report
and recommendation as to whether any settlement is a 'fair and reasonable resolution of a bona
fide dispute' over FLSA issues.
7. Until the Court enters a case management order, all discovery in this case is
STAYED, except as provided in this Order.
8. If no settlement is reached pursuant to these procedures, and this Court later
grants a motion permitting notice to be sent to similarly situated individuals advising them of
their right to opt-in to this action, the limitations period for any person receiving notice shall be
tolled during the period from the date of this Order until the Court enters a case management
order lifting the stay on these proceedings.
9. Should the parties settle the dispute at any later time, they must immediately
advise the Court and promptly submit a joint motion to approve the settlement.
10. The Court expects strict adherence to these deadlines. Exceptions will be granted
only for compelling reasons. Failure to comply may result in the imposition of sanctions,
including but not limited to the dismissal of the case and the striking of pleadings.
3
The Case Management Order form is available on Judge Iasparro's website at www.ilnd.uscourts.gov.
3
11. Either party, for good cause shown, may move to alter this schedule should the
circumstances so warrant.
ENTERED: By: ________________________________________
Michael F. Iasparro
United States Magistrate Judge
Rev. 5/30/2025
4
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
WESTERN DIVISION
____________________________________, )
Plaintiff(s), )
v. ) Case No. __________
)
____________________________________, ) Magistrate Judge Michael F. Iasparro
Defendant(s). )
COURT’S INTERROGATORIES TO PLAINTIFF
1. During what period of time were you employed by the Defendant?
2. Who was your immediate supervisor?
3. Did you have a regularly scheduled work period? If so, specify.
4. What was your title or position? Briefly describe your job duties.
5. What was your regular rate of pay?
6. What is the nature of your claim (check all that apply)?
Off the clock work (Defendant failed to record, or prohibited you from recording,
all of your working time;
Misclassification (Defendant mistakenly classified you as exempt from overtime);
Miscalculation (Defendant failed to correctly calculate your compensation);
Other (Please describe):____________________________________________________
7. Provide an accounting of your claim, including:
(a) dates
(b) regular hours worked
(c) over-time hours worked
(d) pay received versus pay claimed
(e) total amount claimed
8. If you have brought this case as a collective action:
(a) Describe the class of employees you seek to include in this action.
(b) Has an opt-in notice been filed for every potential opt-in Plaintiff who has
identified himself or herself as a person who wishes to join this action?
9. Please specify all attorney's fees and costs incurred to date. With respect to attorney's
fees, please provide the hourly rate(s) sought and the number of hours expended by each
person who has billed time to this case.
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10. When did you (or your attorney) first complain to your employer about alleged violations
of the FLSA?
11. Was this complaint written or oral? (If a written complaint, please attach a copy).
12. What was your employer’s response? (If a written response, please attach a copy).
____________________________________________ Date:___________________________
Signature of Plaintiff
STATE OF ILLINOIS
BEFORE ME personally appeared the plaintiff, who being first duly sworn, deposes and says
that he/she has read the foregoing responses to the Court’s Interrogatories, knows their contents,
and to the best of his/her knowledge and belief, the responses are true and correct.
SWORN TO AND SUBSCRIBED before me on this _____ day of _______________________,
20_____.
____________________________________
NOTARY PUBLIC
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