Gales v. Winco Foods et al

Filing 85

ORDER REGARDING MOTION TO EXCLUDE. Signed by Judge Charles R. Breyer on 5/10/2011. (crblc1, COURT STAFF) (Filed on 5/10/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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STEVEN GALES, on behalf of himself and
all others similarly situated,
Plaintiff,

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No. C 09-05813 CRB
ORDER REGARDING MOTION TO
EXCLUDE

v.
WINCO FOODS,
Defendant.

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Plaintiff Steven Gales asks the Court to exclude the declarations of 37 witnesses, as

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well as “evidence pertaining to the number of persons WinCo employs at each of its

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California stores,” when it reviews Defendant WinCo Foods’s Opposition to Plaintiff’s

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Motion for Class Certification. See generally dkt. 83. Plaintiff claims that he was entitled to

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such information pursuant to Federal Rule of Civil Procedure 26, and that Defendant

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improperly withheld it. Id. at 11. In order to alleviate any disadvantage Plaintiff believes he

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has suffered by the late disclosure of this information, the Court orders as follows.

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First, Defendant is ORDERED to make each of the 37 witnesses at issue in this

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Motion, and additional witnesses qualified to testify about “evidence pertaining to the

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number of persons WinCo employs at each of its California stores,” immediately available

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for depositions by Plaintiff of no longer than three hours each. Depositions are to take place

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within the next 60 days.
Second, Plaintiff’s Motion for Class Certification (dkt. 49), currently set for June

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10, 2011 is hereby VACATED. Plaintiff may re-file a motion to certify the class following

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the conclusion of this additional discovery

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Third, the pending Motion to Exclude Evidence (dkt. 83) is VACATED as moot.

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IT IS SO ORDERED.

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CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

Dated: May 10, 2011

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United States District Court
For the Northern District of California

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G:\CRBALL\2009\5813\Order re Motion to Exclude.wpd

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