Montera

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

MARY BETH MONTERA,

Case No. 16-cv-06980-RS Plaintiff, 11 v. ORDER ON MOTION TO EXCLUDE TESTIMONY OF UNTIMELY

PREMIER NUTRITION CORPORATION, DISCLOSED WITNESSES

13 Defendant.

15 I. Introduction In this false advertising class action averring violations of New York’s General Business Law §§ 349 and 350, Defendant Premier Nutrition Corporation (“Premier”) brings a motion to exclude the testimony of witnesses it says were not timely disclosed. The witnesses fall into four categories: class representatives in other lawsuits against Defendant, former spokespersons for Joint Juice, a previously unnamed member of the class, and various custodians of records. For the reasons described below, the motion is denied as to the custodians of records, and granted in all other respects. II. Factual Background This case is one of numerous certified class…