Brewer v. General Nutrition Corporation
Filing
333
PRE-TRIAL ORDER NO. 4 RE: MOTIONS IN LIMINE by Judge Yvonne Gonzalez Rogers : granting 260 Motion in Limine; granting in part and denying in part 261 Motion in Limine; granting in part and denying in part 262 Motion in Limine; granting in part and denying in part 263 Motion in Limine; granting 264 Motion in Limine; RESERVED 265 Motion in Limine; RESERVED 266 Motion in Limine; denying 267 Motion in Limine; granting 268 Motion in Limine; granting in part and denying i n part 269 Motion in Limine; granting in part and denying in part 270 Motion in Limine; granting 272 Motion in Limine; RESERVED 273 Motion in Limine; RESERVED 274 Motion in Limine; withdrawing 275 Motion in Limine; granting in part and denying in part 276 Motion in Limine (fs, COURT STAFF) (Filed on 12/29/2015)
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
NORTHERN DISTRICT OF CALIFORNIA
9
10
United States District Court
Northern District of California
11
12
CHARLES BREWER, individually and on
behalf of all other similarly situated current
and former employees of Defendant,
Plaintiffs,
13
Case No. 11-cv-3587 YGR
PRE-TRIAL ORDER NO. 4 RE:
MOTIONS IN LIMINE
Dkt. Nos. 260-270, 272-276
v.
14
15
GENERAL NUTRITION CORPORATION,
Defendant.
16
17
The parties’ motions in limine (Dkt. Nos. 260-270, 272-276) came on regularly for hearing
on October 9, 2015. The Court, having considered the parties’ papers in support of and in
18
opposition to the motions, their arguments, and the record of the proceedings herein, ORDERS as
19
follows:
20
I.
21
DEFENDANT’S MOTIONS IN LIMINE
No. 1 To Exclude Responses To Plaintiffs’ Survey:
22
GNC moves to preclude Plaintiffs from offering into evidence the responses of class
23
members to the written survey, including any compilation and/or summary of the Survey
24
responses on hearsay grounds.
25
26
Ruling: GRANTED. The Court further notes that the instant trial concerns Plaintiffs’ claims that
GNC is operating under a policy. Thus, while individual class members’ experiences have some
27
bearing on the issue, they will not be the gravamen of the trial.
28
1
No. 2 To Exclude Evidence Regarding Post-Class Period Conduct
2
GNC moves to preclude Plaintiffs from referencing conduct after the close of the class
3
period (November 12, 2014) under Rules 401, 403, and 407.
4
Ruling: GRANTED IN PART to the extent that Plaintiffs seek to offer such testimony to the jury at
5
trial. Evidence may be offered to the Court separately during an injunctive phase, upon a proffer
6
establishing admissibility for purposes of injunctive or other equitable relief.
7
No. 3 To Exclude Reference To Prior Court Orders
8
GNC moves to preclude Plaintiffs from referring to prior Court orders in this action,
9
including the November 12 2014 Order on Plaintiffs’ Motion for Class Certification under Rules
401 and 403.
11
United States District Court
Northern District of California
10
Ruling: GRANTED IN PART. Evidence of prior orders is not admissible except to the extent that
12
jury will need to make a determination of damages based upon an issue of liability previously
13
resolved and they need only decide the issue of damages. The Court’s prior determinations as to
14
the applicable law will be incorporated in the jury instructions.
15
16
No. 4 To Exclude Evidence Regarding Any Computation of Damages Not Identified in
Plaintiffs’ Rule 26 Disclosures
17
GNC moves to preclude any evidence or argument supporting a computation of damages
18
not identified in Plaintiffs’ Rule 26 Disclosures. Alternatively, GNC moves to limit Plaintiffs to
19
presentation of the computation of damages disclosed in their expert report (i.e., Plaintiffs cannot
20
introduce evidence or argument inconsistent with, or otherwise not addressed by, Dr. Kane’s
21
report), to the extent that expert opinion is admissible.
22
Ruling: GRANTED IN PART to the extent that GNC seeks to limit Plaintiffs to the computation of
23
damages disclosed in their expert report; RESERVED to the extent GNC seeks to preclude all
24
evidence or argument. By January 8, 2016, Plaintiffs shall provide the Court with a proffer for
25
the presentation of damages not otherwise in the report, including the evidentiary basis upon
26
which it shall be offered.
27
28
2
1
No. 5 To Exclude Declarations of Class Members
2
GNC moves to preclude Declarations of Class Members listed on Plaintiffs’ September 11,
3
2015 Exhibit List as Exhibits 1 through 4 under Rules 801(c) and 401.
4
Ruling: GRANTED.
5
No. 6 To Exclude of Defendant’s Financial Condition
6
GNC moves the Court for an order, in limine, precluding Plaintiffs from using evidence or
testimony regarding GNC’s financial condition, including Exhibits 44-53, on the grounds that
8
such evidence is not relevant when financial information is not the element of a claim or defense.
9
GNC contends that its financial information has no probative value with regard to Plaintiffs’
10
claims and is unduly prejudicial, citing In re Homestore.com, Inc., No. CV 01-11115 RSWL
11
United States District Court
Northern District of California
7
CWX, 2011 WL 291176, (C.D. Cal. Jan. 25, 2011).
12
Ruling: RESERVED. By January 8, 2016, GNC shall notify the Court whether it intends to assert
13
financial condition or inability as part of its defense to any claim.
14
No. 7 To Exclude Summaries Proffered By Plaintiffs
15
GNC moves the Court for an order, in limine, precluding Plaintiffs from offering into
16
evidence, or otherwise presenting to the Jury, certain purported summaries they created. These
17
summaries are identified on Plaintiffs’ September 11, 2015 Exhibit list as Exhibits 75-80 and
18
purport to summarize certain voluminous records (change records, on duty, payment detail, punch
19
records, and reimbursement forms). These summaries are not admissible under Federal Rule of
20
Evidence 1006, they are misleading, and are not stated objectively.
21
Ruling: RESERVED. The parties were to meet and confer on summaries of voluminous records for
22
presentation to the jury. The parties shall be prepared to discuss this issue at the pretrial
23
conference set for January 15, 2016.
24
II.
PLAINTIFFS’ MOTIONS IN LIMINE
25
No. 1 to Exclude Evidence Regarding Affirmative Defenses Not Pleaded
26
Plaintiffs move to preclude GNC from offering evidence or argument regarding affirmative
27
defenses of: voluntary waiver of meal period, on-duty meal period agreements, or good faith
28
dispute as to wages owed for final payment of wages as not having been pleaded in GNC’s
3
1
Answer to Third Amended Complaint (Dkt. No. 86).
2
Ruling: DENIED.
3
No. 2 to Exclude Evidence Not Disclosed During Discovery
4
Plaintiffs move to preclude GNC from offering the declaration of Lona Toffolo or any
5
expert witness evidence not produced during discovery and not disclosed, pursuant to FRCP 37(c)
6
and FRE 403.
7
Ruling: GRANTED.
8
No. 3 to Exclude Verdicts from Prior Litigation
9
Plaintiffs move to preclude GNC from presenting evidence or argument regarding the
outcome of prior litigation, including but not limited to the Abad litigation, pursuant to Rule 401,
11
United States District Court
Northern District of California
10
402, and 403.
12
Ruling: GRANTED IN PART. The evidence will be excluded except to the extent that Plaintiffs
13
open the door on this issue, in which case GNC may respond.
14
No. 4 to Exclude Evidence from Prior Litigation
15
Plaintiffs move the Court for an order, in limine, precluding GNC from offering argument
16
or evidence relating to any claim or issue that was previously adjudicated, including the Abad
17
litigation and the Naranjo, and the deposition transcripts taken of Matthew Cappadonna,
18
Cassandra Draeger, Misty Fair, Anthony Lozano, and Thomas Scott in the Naranjo action.
19
Ruling: GRANTED IN PART. This evidence is excluded except to the extent that GNC offers a
20
proffer establishing admissibility under some hearsay exception other than FRE 801(d)(2)(A), or
21
Plaintiffs open the door by offering evidence of other litigation by class members. See Pierce v.
22
County of Orange, 526 F.3d 1190, 1202 (9th Cir. 2008); this Court’s Pretrial Order No. 3, dated
23
December 21, 2015 (Dkt. No. 330).
24
No. 5 to Exclude Evidence Regarding Previously Adjudicated Issues
25
Plaintiffs move to preclude GNC from offering argument or evidence regarding matters
26
summarily adjudicated by the Court, including: availability of a derivative final pay claim,
27
evidence regarding the date of the final payment of wages other than the “Final Pay Spreadsheet”
28
and evidence regarding the date of termination other than the “Final Pay Spreadsheet,” pursuant to
4
1
Rule 401 and 403.
2
Ruling: GRANTED.
3
No. 6 to Exclude Unqualified Expert Testimony
4
Plaintiffs move to preclude GNC from offering argument or evidence based upon
5
unqualified expert testimony, including but not limited to Mr. Masztak’s testimony regarding
6
surveys, pursuant to Rules 702 and 403.
7
Ruling: RESERVED. To the extent Masztak is being offered as rebuttal to explain why Plaintiffs’
8
survey was inadequate, the issue is moot in light of the Court’s ruling excluding the survey
9
evidence.
No. 7 to Exclude Expert Testimony Based On Speculation
11
United States District Court
Northern District of California
10
Plaintiffs move to preclude GNC from offering argument or evidence of expert testimony
12
regarding the concept of “coverage” due to speculation and lack of factual basis, pursuant to Rules
13
702, 401 and 403.
14
Ruling: RESERVED. To the extent such evidence is being offered as rebuttal to explain why
15
Plaintiffs’ survey was inadequate, the issue is moot in light of the Court’s ruling excluding the
16
survey evidence.
17
No. 8 to Exclude Evidence Regarding the Disciplinary Record of Any Class Member
18
Plaintiffs move to preclude GNC from offering argument or evidence regarding
19
disciplinary records of class members.
20
Ruling: WITHDRAWN. (See Dkt. No. 317.)
21
No. 9 to Exclude Class Member Declarations
22
Plaintiffs move to preclude GNC from offering into evidence Class Member Declarations,
23
pursuant to Rules 403 and 801(c).
24
Ruling: GRANTED to the extent that GNC seeks to introduce a declaration from a non-testifying,
25
unnamed class member. Otherwise, DENIED as to declarations of class representatives who are
26
named or are identified as testifying at trial.
27
III.
28
CONCLUSION
With respect to any Motion in Limine that is granted, in part or in whole, the Court
5
1
excludes the evidence identified. Such evidence is not to be introduced for any purpose unless
2
otherwise specified. No party, or its counsel, shall attempt to introduce, testify about, question
3
witnesses regarding, comment on, or refer to such evidence, whether during voir dire or trial.
4
5
6
7
IT IS SO ORDERED.
Dated: December 29, 2015
______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
8
9
10
United States District Court
Northern District of California
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?