Garvey v. Kmart Corporation

Filing 365

ORDER REGARDING EVIDENTIARY HEARING -- Evidentiary Hearing set for 7/2/2013 07:30 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. Evidentiary Hearing set for 7/3/2013 07:30 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup.. Signed by Judge Alsup on June 14, 2013.. (whalc1, COURT STAFF) (Filed on 6/14/2013) Modified on 6/14/2013 (whalc1, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. C 11-02575 WHA

Plaintiff,

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For the Northern District of California

United States District Court

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COLLETTE DELBRIDGE, individually
and on behalf of others similarly situated,

ORDER REGARDING
EVIDENTIARY HEARING

v.
KMART CORPORATION,
Defendant.

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Plaintiff has moved for a remand of its appeal of the December 2012 judgment from our

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court of appeals (Dkt. No. 360). Contingent upon that motion being granted, an evidentiary

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hearing on plaintiff’s Rule 60 motion regarding Kmart’s failure to produce checkout stand

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schematics will take place on JULY 2 AT 7:30 A.M. The hearing will run until 1:00 p.m. If

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necessary, the hearing will continue on JULY 3 AT 7:30 A.M. Counsel and the witnesses shall

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ensure that they are available on both days.

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The following witnesses will be subject to cross-examination at the hearing:

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1.

Amanda Sommerfeld

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2.

Emily Schumann

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3.

Marisa Pulice

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4.

Aimee Grabau

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5.

Jim Hamilton

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6.

Michael Righetti

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Kevin McInerny

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Mr. Righetti and Mr. McInerny shall submit declarations regarding their involvement in
the discovery process related to the checkout stand designs by JUNE 18 AT NOON.
The declarations submitted by the seven witnesses in connection with the Rule 60 motion
shall constitute the witnesses’ direct testimony. No further direct testimony will be permitted.

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IT IS SO ORDERED.

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Dated: June 14, 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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