Rahman v. Mott's LLP et al

Filing 86

ORDER re: class certification. Counsel to answer questions by 12/2/14. Signed by Judge Susan Illston on 11/24/14. (tfS, COURT STAFF) (Filed on 11/25/2014)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 MOHAMMED RAHMAN, Case No. 13-cv-03482-SI Plaintiff, 6 v. ORDER RE: CLASS CERTIFICATION 7 8 Re: Dkt. No. 75 MOTT'S LLP, Defendant. 9 10 United States District Court Northern District of California 11 A hearing on plaintiff’s motion to certify is currently scheduled for December 5, 2014. Docket No. 12 75. The Court hereby ORDERS the parties to respond to the following questions no later than 13 December 2, 2014. 14 15 The following question is directed to both parties: 16 1. Since January 1, 2009, on what dates did the “No Sugar Added” statement not appear on Mott’s 17 100% Apple Juice labels? 18 The following questions are directed solely to plaintiff: 19 2. Should the Court certify a liability only class pursuant to Rule 23(c)(4)? Should the plaintiff 20 ultimately prevail at trial, how does plaintiff propose the issue of damages will be resolved? 21 3. Why has plaintiff opted not to employ a damages expert to calculate damages on a class-wide 22 basis? 23 4. How would certifying a liability only class materially advance the litigation? 24 25 26 27 28 IT IS SO ORDERED. Dated: November 24, 2014 ______________________________________ ______________________ SUSAN ILLSTON United States District Judge

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