Polnicky v. Liberty Life Assurance Company of Boston et al

Filing 62

ORDER RE CLASS CERTIFICATION (Illston, Susan) (Filed on 11/24/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MOHAMMED RAHMAN,

Case No. 13-cv-03482-SI

Plaintiff,
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v.

ORDER RE: CLASS CERTIFICATION

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Re: Dkt. No. 75

MOTT'S LLP,
Defendant.

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United States District Court
Northern District of California

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A hearing on plaintiff’s motion to certify is currently scheduled for December 5, 2014. Docket No.

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75. The Court hereby ORDERS the parties to respond to the following questions no later than

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December 2, 2014.

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The following question is directed to both parties:

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1. Since January 1, 2009, on what dates did the “No Sugar Added” statement not appear on Mott’s

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100% Apple Juice labels?

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The following questions are directed solely to plaintiff:

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2. Should the Court certify a liability only class pursuant to Rule 23(c)(4)? Should the plaintiff

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ultimately prevail at trial, how does plaintiff propose the issue of damages will be resolved?

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3. Why has plaintiff opted not to employ a damages expert to calculate damages on a class-wide

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basis?

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4. How would certifying a liability only class materially advance the litigation?

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IT IS SO ORDERED.
Dated: November 24, 2014
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SUSAN ILLSTON
United States District Judge