Free Statement - District Court of Delaware - Delaware

Case 1 :04-cv-00414-SLR Document 1 18 Filed 07/30/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
WILLIE DAVIS, JR., et al Z;
Plaintiffs, Z;
v. Z; Civil No 04~·-414-SLR
MOUNTAIRE FARMS, INC., et al E "
Defendant. 2
/
PARTIES’ RESPONSE REGARDING I’RELIMINARY INSTRUCTION
The parties have conferred concerning two issues raised in the Pretrial Conference
and have the following response:
1. The parties agree that the summary of the issues in the preliminary instruction
(at 4) should use the entire "hire and fire test” rather than an abbreviated version. The
instruction thus would read:
You must determine whether plaintiffs were individuals who had the authority to
hire or fire other employees or whose suggestions and recommendations as to the
hiring, firing, advancement, promotion or any other change of status of other
employees were given particular weight. (29 C.F.R. § 541.100)
2. The parties agree that the preponderance ofthe evidence instruction applies to
all questions of fact, including the issue of a willful violation.

Case 1:04-cv-00414-SLR Document 118 Filed 07/30/2008 Page 2 of 2
Defendant’s counsel is authotized te state that this response speaks for all parties.
Respectfully submitted,
J ‘ 0-X.
Matthew F. Boyer (Del ar No. 2564)
Timothy M. Helly (Del ar No. 4106)
CONNGLLY BOVE LODGE & HUTZ, LLP
The Nemours Building
1220 Market Street
P. O. Box 2207
Wilmington, DE 19899
(302) 884-6585
Arthur M. Brewer (admitted Pro Hac Vice)
Eric Hemmendinger (admitted Pm Hm: Vice)
SHAWE & ROSENTHAL, LLP
Sun Life Building, llih Fleer
20 S. Charles Street
Baltimore, MD 21201
(410) 752-1040

Case 1:04-cv-00414-SLR

Document 118

Filed 07/30/2008

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Case 1:04-cv-00414-SLR

Document 118

Filed 07/30/2008

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