Garvey v. Kmart Corporation

Filing 356

SECOND ORDER REGARDING RULE 60 MOTION. Signed by Judge Alsup on June 7, 2013.. (whalc1, COURT STAFF) (Filed on 6/7/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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LISA GARVEY, individually and on
behalf of others similarly situated,
Plaintiff,

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No. C 11-02575 WHA

SECOND ORDER
REGARDING RULE 60
MOTION

v.
KMART CORPORATION,
Defendant.
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With respect to the pending motion for relief under Rule 60, the Court is in receipt of Mr.

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Michael Righetti’s June 6 declaration. The parties shall file on ECF — or if this is not

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technically feasible, lodge with the court on a disk or other hard media — exact, digital copies of

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the four email attachments containing the store layouts in the form they were produced to

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plaintiffs’ counsel by JUNE 11 AT NOON.

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At the June 6 hearing, plaintiffs’ counsel represented that they were considering

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requesting a remand from our court of appeals. The deadline to move for a remand (or not) shall

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be JUNE 12 AT NOON.

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The May 28 order regarding the Rule 60 motion (Dkt. No. 341) required Kmart to file

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sworn declarations by persons with actual knowledge regarding the manner in which checkout

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configuration documents were collected and why they were not timely produced. It is apparent

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from the declaration of Emily Schuman (Dkt. No. 347) that Amanda Sommerfeld was involved

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in this process. Kmart has failed, however, to submit a declaration from Ms. Sommerfeld.
Kmart has also failed to submit a declaration from the partner at Winston & Strawn who was

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responsible for managing discovery (as opposed to a junior associate charged with forwarding

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documents). Kmart shall submit these two declarations by JUNE 11 AT NOON.

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IT IS SO ORDERED.

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Dated: June 7, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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