Gales v. Winco Foods et al

Filing 87

ORDER VACATING MAY 10, 2011 ORDER AND SETTING STATUS CONFERENCE. Signed by Judge Charles R. Breyer on 5/11/2011. (crblc1, COURT STAFF) (Filed on 5/11/2011)

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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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ORDER VACATING MAY 10, 2011
ORDER AND SETTING STATUS
CONFERENCE

v.

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No. C 09-05813 CRB

WINCO FOODS,
Defendant.

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/

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In light of Plaintiff Steven Gales’s motion (dkt. 83) asking the Court to exclude

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certain evidence in connection with class certification, this Court yesterday ordered that

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Plaintiff be permitted to depose certain witnesses, and vacated Plaintiff’s Motion for Class

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Certification. See dkt. 85. Defendant has now filed a Motion for Reconsideration, asking

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that the Court permit it to oppose Plaintiff’s Motion to Exclude, and arguing that “[f]or seven

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months, [Plaintiff] has had in his possession, but has elected to do nothing with, the evidence

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he now has moved to exclude.” See dkt. 86 at 1. The Court finds that discussion with the

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parties, rather than further briefing, is appropriate. The Court therefore VACATES its May

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10, 2011 Order (dkt. 85), and SETS a Status Conference, at which the parties may appear

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//

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//

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telephonically, on Monday, May 16, at 10:00 a.m. in courtroom 8.
IT IS SO ORDERED.

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CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

Dated: May 11, 2011

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United States District Court
For the Northern District of California

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G:\CRBALL\2009\5813\Order Vacating May 10 Order.wpd

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