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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 10 11 12 STEVEN GALES, on behalf of himself and all others similarly situated, Plaintiff, 13 14 15 16 No. C 09-05813 CRB ORDER REGARDING MOTION TO EXCLUDE v. WINCO FOODS, Defendant. / 17 18 Plaintiff Steven Gales asks the Court to exclude the declarations of 37 witnesses, as 19 well as “evidence pertaining to the number of persons WinCo employs at each of its 20 California stores,” when it reviews Defendant WinCo Foods’s Opposition to Plaintiff’s 21 Motion for Class Certification. See generally dkt. 83. Plaintiff claims that he was entitled to 22 such information pursuant to Federal Rule of Civil Procedure 26, and that Defendant 23 improperly withheld it. Id. at 11. In order to alleviate any disadvantage Plaintiff believes he 24 has suffered by the late disclosure of this information, the Court orders as follows. 25 First, Defendant is ORDERED to make each of the 37 witnesses at issue in this 26 Motion, and additional witnesses qualified to testify about “evidence pertaining to the 27 number of persons WinCo employs at each of its California stores,” immediately available 28 for depositions by Plaintiff of no longer than three hours each. Depositions are to take place 1 2 within the next 60 days. Second, Plaintiff’s Motion for Class Certification (dkt. 49), currently set for June 3 10, 2011 is hereby VACATED. Plaintiff may re-file a motion to certify the class following 4 the conclusion of this additional discovery 5 Third, the pending Motion to Exclude Evidence (dkt. 83) is VACATED as moot. 6 IT IS SO ORDERED. 7 8 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE Dated: May 10, 2011 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\CRBALL\2009\5813\Order re Motion to Exclude.wpd 2

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