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Saturday, Dec. 20, 2014

Judge reschedules detectives vs. county trial date

Sunday, October 21, 2012

The trial date for the lawsuit involving four detectives who claim the sheriff and Bedford County owe them for unpaid overtime has been moved to early next year.

U.S. Magistrate Judge William B. Mitchell Carter set Tuesday, Jan. 22, 2013 as the date for the trial in Winchester, with a final pretrial conference reset for Wednesday, Jan. 9 in Chattanooga.

The trial is expected to last five days, Carter wrote in his latest scheduling order.

Background

In August 2011, Sheriff Randall Boyce and the county were sued by David Sakich, Kevin Holton, Scott Jones, Todd Hammond "and others similarly situated" under the Fair Labor Standards Act.

The four claim they were denied overtime and straight time compensation and were worked "off the clock," also alleging they were retaliated against for exposing the issue. Sakich and Holton also claim they were demoted from detectives to patrol duty for "whistleblowing activity."

Date change

Magistrate Carter had already set a trial date earlier this month, ordering proceedings to begin on Nov. 12.

He had also instructed both sides in the suit to prepare a proposed pretrial order that would outline the claims and defenses of both sides, contested issues of law, exhibits and witnesses, as well as other matters, before the final pretrial conference would be held.

In August, attorneys for the detectives requested an additional month to hear depositions in their case, but according to federal court records, pre-trial disclosures were made in the case on Sept. 10.