Guttmann v. Nissin Foods (U.S.A.) COMPANY, INC.

Filing 50

ORDER RE LIMITED DISCOVERY AND SUPPLEMENTAL BRIEFING Discovery due by 7/21/2015. Supplemental briefs due by 7/27/2015.. Signed by Judge Alsup on 7/2/2015. (whalc1, COURT STAFF) (Filed on 7/2/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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VICTOR GUTTMANN,

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For the Northern District of California

United States District Court

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Plaintiff,
v.
NISSIN FOODS (USA) COMPANY INC.,

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Defendant.

ORDER RE LIMITED
DISCOVERY AND
SUPPLEMENTAL BRIEFING

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No. C 15-00567 WHA

The Court is concerned that plaintiff lacks Article III standing. This is an issue best

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resolved on a sworn evidentiary record rather than on the pleadings. Therefore, defendant will

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be entitled to propound FIVE requests for production of documents narrowly-tailored to this

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issue, and plaintiff will sit for a ONE-DAY DEPOSITION, also tailored to this issue. This limited

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discovery shall be completed by JULY 21, 2015. Both sides will submit briefs explaining the

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results of this limited discovery by JULY 27 AT NOON.

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At least THREE DAYS prior to his deposition, plaintiff shall sign a sworn declaration

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setting forth the approximate dates and quantities of the accused product that he purchased and

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consumed and the extent to which he was aware, at the time that he purchased defendants’

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products, that if a food product contained less than 0.5 grams of trans fat per serving, the trans

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fat content of that product, if expressed in the nutrition facts, must be expressed as zero pursuant

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to regulation.

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Plaintiff shall also disclose the extent to which he has been medically diagnosed with any
of the conditions described in his complaint that the complaint alleges are caused by the

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consumption of artificial trans fats, such as high cholesterol. To protect plaintiff’s privacy, those

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portions of plaintiff’s deposition and the parties’ supplemental submissions that discuss his

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medical history may be temporarily filed under seal.

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In the meantime, the Court will continue to work on defendant’s motion to dismiss.

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IT IS SO ORDERED.

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Dated: July 2, 2015.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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