Brewer v. General Nutrition Corporation

Filing 363

PRETRIAL ORDER NO. 6 REGARDING BRIEFING ON TRIAL SUBPOENA ISSUES AND REIMBURSEMENT DAMAGES CALCULATION. Set/Reset Deadlines as to 358 MOTION FOR DECLARATORY RELIEF REGARDING LIVE WITNESSES, 355 MOTION to Quash Plaintiffs' Subpo enas (Local Rule 7-11). Responses due by 1:00PM on Friday, 1/29/2016. Motion Hearing re 355 and 358 set for Monday, 2/1/2016 09:30 AM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Signed by Judge Yvonne gonzalez Rogers on 1/27/16. (fs, COURT STAFF) (Filed on 1/27/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHARLES BREWER, individually and on
behalf of all other similarly situated current
and former employees of Defendant,
Plaintiffs,

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United States District Court
Northern District of California

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v.

PRETRIAL ORDER NO. 6
REGARDING BRIEFING ON TRIAL SUBPOENA
ISSUES AND REIMBURSEMENT DAMAGES
CALCULATION

GENERAL NUTRITION CORPORATION,

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Defendant.

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Case No. 11-cv-3587 YGR

The Court issues this further pretrial order to address two outstanding issues:
(1)

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Trial Subpoena Issues
Defendant General Nutrition Corporation (GNC) has filed a Motion to Quash Plaintiffs’

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Trial Subpoenas. (Dkt. No. 355.) In response, Plaintiffs have filed an opposition brief (Dkt. No.

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359), as well as a Motion for Declaratory Relief (Dkt. No. 358). The Court sets the following

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schedule for hearing and briefing on the trial subpoena issues:

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(a) Hearing on the Motions to Quash and for Declaratory Relief is SET for Monday,
February 1, 2016, at 9:30 a.m;

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(b) GNC shall file any response to the arguments made in Plaintiffs’ opposition or Motion

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for Declaratory Relief no later than 1:00 p.m. on Friday, January 29, 2016.

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(2)

Expert Opinion Regarding Reimbursement Claim

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Plaintiffs are ORDERED to lodge with the Court:

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(a) the information upon Dr. Jeffrey S. Kane relied in calculating the reimbursement

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scenarios at Tables 10-13 (pages 16-18) in his report, including number of stores, distance from

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each store to its bank, and any evidence of representations from GNC regarding the same;

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(b) the relevant portion(s) of Dr. Kane’s deposition where this information was discussed.

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Plaintiffs shall lodge copies of the responsive documents with the Court no later than 1:00

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p.m. on Friday, January 29, 2016.

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IT IS SO ORDERED.

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Dated: January 27, 2016
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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United States District Court
Northern District of California

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