Vallabhapurapu et al v. Burger King Corporation

Filing 158

ORDER REGARDING SUPPLEMENTAL BRIEFING. Signed by Judge Alsup on December 2, 2011. (whalc2, COURT STAFF) (Filed on 12/2/2011)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 MOHAN VALLABHAPURAPU, et al., 10 Plaintiffs, 11 For the Northern District of California United States District Court 9 12 13 v. ORDER REGARDING SUPPLEMENTAL BRIEFING BURGER KING CORPORATION, Defendant. / 14 15 No. C 11-00667 WHA Please respond to the following: First, counsel shall advise whether plaintiffs’ counsel 16 have completed their own expert review of the 86 stores and give the particulars including a 17 general statement on the extent to which illegal barriers were found and the time line. To the 18 extent this has not been done, please explain why. Second, do plaintiffs contend any stores are 19 now out of compliance, and if not, what will be the basis for injunctive relief? Third, do defense 20 counsel concede that the plaintiffs encountered the barriers alleged in their complaints or 21 depositions, and if not, why should the defense surveys not be usable to corroborate plaintiffs’ 22 memories? Do defense counsel waive the possibility of using the surveys to rebut the 23 allegations? Responses to these questions should be included in next Tuesday’s filing and the 24 page limits are enlarged by three pages (to eight) to accommodate this request. 25 26 IT IS SO ORDERED. 27 28 Dated: December 2, 2011. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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