McConnell v. Red Robin International, Inc.

Filing 32

ORDER SCHEDULING EVIDENTIARY HEARING. Signed by Judge Alsup on February 24, 2012. (whalc2, COURT STAFF) (Filed on 2/24/2012)

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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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KEVIN MCCONNELL, on behalf of
himself and all others similarly situated,
and the general public,

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Plaintiff,

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No. C 11-03026 WHA

ORDER SCHEDULING
EVIDENTIARY HEARING

v.

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RED ROBIN INTERNATIONAL, INC.,

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Defendant.

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/
An evidentiary hearing will be held on MARCH 7, 2012, AT 1:15 P.M. The purpose of the

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hearing is to determine whether plaintiff Kevin McConnell has been contacting putative class

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members and requesting they perjure themselves. This issue came to light as a result of defense

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counsel’s submission in response to plaintiff’s discovery dispute letter.

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Plaintiff McConnell shall appear at the hearing and testify. He must bring all materials,

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electronic or otherwise, including e-mails, Facebook messages, and any other communications he

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has had with putative class members in this action.

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Taylar Oertwig, plaintiff’s former co-worker shall also be present and testify at the

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hearing. Defense counsel shall be responsible for securing her presence and obtain a subpoena, if

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necessary. Ms. Oertwig must bring all materials, electronic or otherwise, including e-mails,

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Facebook messages, and any other communications she has had with plaintiff, relating to this

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action.

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IT IS SO ORDERED.

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Dated: February 24, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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