Brewer v. General Nutrition Corporation

Filing 228

ORDER SETTING SCHEDULE FOR SUMMARY JUDGMENT BRIEFING AND HEARING; SETTING DEADLINES FOR SUBMISSION OF REVISED CLASS CERTIFICATION AND FLSA DECERTIFICATION NOTICES AND SERVICE THEREOF. Set/Reset Deadlines as to Defendant Summary outlining issues fi led by 5/4/15. Plaintiffs to file summary judgment/summary adjudication motion by 5/19/15; Defendant cross-motion for summary judgment/summary adjudication and Opposition to Plaintiff's Motion for Summary Judgment/Summary Adjudication by 6/9/201 5. Plaintiffs Replies and opposition due by 6/23/2015. Defendant reply filed 6/30/15. Motion Hearing set for 7/21/2015 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Signed by Judge Yvonne Gonzalez Rogers on 4/30/15. (fs, COURT STAFF) (Filed on 4/30/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHARLES BREWER, et al.,
Plaintiffs,

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v.
GENERAL NUTRITION CORPORATION,

Case No.: 11-CV-3587 YGR
ORDER SETTING SCHEDULE FOR SUMMARY
JUDGMENT BRIEFING AND HEARING;
SETTING DEADLINES FOR SUBMISSION OF
REVISED CLASS CERTIFICATION AND FLSA
DECERTIFICATION NOTICES AND SERVICE
THEREOF

United States District Court
Northern District of California

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Defendant.
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The Court, having held its summary judgment pre-filing conference with the parties this

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date, ORDERS as follows:

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Summary Judgment/Adjudication Motions

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(1) Defendant shall file its summary outlining the issues as to which it will seek summary

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judgment or adjudication no later than Monday, May 4, 2015.
(2) Plaintiffs shall file their summary judgment/summary adjudication motion no later than

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May 19, 2015.
(3) Defendant shall file its cross-motion for summary judgment/summary adjudication and

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opposition to Plaintiffs’ motion for summary judgment/summary adjudication no later than June 9,

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2015.

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(4) Plaintiffs shall file the reply on their motion for summary judgment/summary

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adjudication and opposition to Defendant’s cross-motion for summary judgment/summary

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adjudication no later than June 23, 2015.

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(5) Defendant shall file its reply on its cross-motion for summary judgment/summary
adjudication no later than June 30, 2015.

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(6) The parties’ summary judgment/summary adjudication motions shall be heard on July
21, 2015, at 2:00 p.m.
(7) Plaintiffs shall file their trial plan within 21 days of the Court’s order on the motions.

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Defendant shall file its motion to decertify the class, if any, within 30 days of the Court’s order on

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the motions.

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Class Certification Notice/FLSA Decertification Notice

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(8) Plaintiffs shall file by Monday, May 4, 2015, for approval by the Court revised forms

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of: (a) notice of decertification for non-California plaintiffs who opted into the FLSA action; (b)

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notice of decertification for California plaintiffs who opted into the FLSA action; (c) class
certification for the remaining certified claims. The parties shall revise the notices in the manner as

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United States District Court
Northern District of California

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stated on the record and confirm that the notices will be mailed by May 8, 2015.

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(9) Upon further reflection on the parties’ arguments, the opt-out postmark deadline shall be
June 24, 2015. The revised form of notice shall so reflect.
IT IS SO ORDERED.

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Date: April 30, 2015

_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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