Brewer v. General Nutrition Corporation

Filing 244

ORDER RE: HEARING ON SUMMARY JUDGMENT MOTIONS SET FOR AUGUST 11, 2015. Signed by Judge Yvonne Gonzalez Rogers on 08/05/2015. (ygrlc1, COURT STAFF) (Filed on 8/5/2015)

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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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Case No.: 11-CV-3587 YGR
ORDER RE: HEARING ON SUMMARY
JUDGMENT MOTIONS

v.
GENERAL NUTRITION CORPORATION,

United States District Court
Northern District of California

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Defendant.
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The parties’ cross-motions for partial summary judgment are currently set for hearing on

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Tuesday, August 11, 2015, at 2:00 p.m. The Court advises the parties to be prepared to discuss the

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following additional issues at the hearing:

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1. assuming that shorter statutes of limitations apply to certain claims than are reflected in

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the current class periods, whether the Court should modify the class definition rather than grant

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summary judgment against a portion of the class (or subclass); and

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2. whether the Court should modify the class certification order to fix an end date for the

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class and/or subclass periods, and related issues of ongoing notification of class members “to

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present” depending upon when that end date is fixed (see, e.g., Cruz v. Dollar Tree Stores, Inc., No.

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07-2050 SC, 2009 WL 1974404, at *1-2 (N.D. Cal. July 2, 2009).

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Any party seeking to cite additional authorities on these issues shall bring to the hearing
courtesy copies for the Court and opposing counsel.
IT IS SO ORDERED.

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Date: August 5, 2015

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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE