Brewer v. General Nutrition Corporation

Filing 46

ORDER REGARDING PARTIES JOINT DISCOVERY LETTER 39 Letter filed by General Nutrition Corporation, Charles Brewer. Case Management Conference set for June 11, 2012 is CONTINUED to Monday, July 23, 2012 at 02:00 PM. Signed by Judge Yvonne Gonzalez Rogers on 6/5/12. (fs, COURT STAFF) (Filed on 6/5/2012)

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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 current and former employees
of Defendant,

Case No.: 11-CV-03587 YGR
ORDER REGARDING PARTIES’ JOINT
DISCOVERY LETTER

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Plaintiff(s),

Northern District of California

United States District Court

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vs.
GENERAL NUTRITION CORPORATION,

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Defendant(s).

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Having carefully considered the parties’ joint letter brief, the exhibits attached thereto (Dkt.

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Nos. 39 & 39-1), the excerpts from the depositions of James Inlow and Paul Katz, the argument of

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counsel, and the transcript of the hearing, the Court finds that Plaintiff has made a sufficient showing

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to move forward with respect to the following issues:

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1.

Class Discovery: Plaintiff has established that he is entitled to class discovery on

Defendant’s Bank Deposit Policy in California only, not nationwide.
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Depositions of Store Employees with Closing Duties: Plaintiff may take up to 30

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depositions, not to exceed one hour each. The parties are to meet and confer to decide the process of

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selecting a representative sample of employees from stores throughout California.

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3.

Payroll Documents Relating to Off-The-Clock Bank Deposits: Defendant must

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produce documents sufficient to show compensation for off-the-clock bank deposits. The parties shall

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meet and confer regarding the most efficient way to produce this information and the appropriate

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levels of privacy protection.

To the extent that Defendant’s responses to these or other requests for production are that no

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documents exist, or where there is a genuine dispute about whether Defendant has produced all

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documents, Defendant must provide a verified response that it has produced all responsive documents.

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The Court will not take any further action with respect to the parties’ Joint Letter re Discovery

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Dispute filed on March 29, 2012, Dkt. No. 39. With the understanding of the Court’s position on the

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issues addressed in this Order, the parties shall meet and confer to resolve any remaining discovery

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issues. If the parties need further guidance, they will need to file an additional joint letter brief.
The case management conference set for June 11, 2012 is CONTINUED to Monday, July 23,

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Northern District of California

United States District Court

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2012.
IT IS SO ORDERED.
Date: June 5, 2012

_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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