Luna v. United Site Services of California, Inc

Filing 23

ORDER by Magistrate Judge Howard R. Lloyd re 17 plaintiff's motion for clarification re spreadsheet. (hrllc2, COURT STAFF) (Filed on 5/7/2013)

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*E-FILED: May 7, 2013*

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NOT FOR CITATION

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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For the Northern District of California

United States District Court

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No. C12-03784 HRL

JUAN LUNA,

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ORDER RE PLAINTIFF’S MOTION
FOR CLARIFICATION RE
SPREADSHEET

Plaintiff,
v.

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UNITED SITE SERVICES OF CALIFORNIA,
INC.,

[Re: Docket No. 17]

Defendant.
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Plaintiff Juan Luna seeks an order clarifying whether a spreadsheet totaling his alleged

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unpaid wages and missed meal and rest breaks is expert testimony or non-expert demonstrative

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evidence. Based on the discussion at the motion hearing, it appears that there is no dispute over

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the time plaintiff worked. Rather, the parties disagree as to how plaintiff’s compensation for

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that time should be calculated. Both sides agree that the information in question should be

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presented to the court in some fashion; and, defendant also wishes to provide the court with a

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similar summary of its claimed proper calculations. No one contends that the calculations in

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question are expert evidence. Accordingly, upon consideration of the moving and responding

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papers, as well as the arguments of counsel, the court rules as follows: Each side will be

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permitted to present summaries as to their respective calculations of the wages in question,

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along with testimony as to how their respective summaries were prepared.
SO ORDERED.
Dated: May 7, 2013

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HOWARD R. LLOYD
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UNITED STATES MAGISTRATE JUDGE

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For the Northern District of California

United States District Court

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5:12-cv-03784-HRL Notice has been electronically mailed to:

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Susan E. Bishop

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Tomas Eduardo Margain [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail]

[e-mail], [e-mail]

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For the Northern District of California

United States District Court

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