Independent distributors of Snyder’s of Hanover pretzels are fighting the company’s attempt to take depositions of putative class members and compel them to produce documents in a franchise dispute.
In McPeak v. S-L Distribution, the defendant issued subpoenas on two putative class members in a suit filed on behalf of a class of distributors who were terminated by the company in 2011 or 2012. Plaintiffs counsel moved to quash the subpoenas Oct. 21, arguing that no Third Circuit case law has allowed depositions of absent class members, and that written discovery of such persons is disfavored.
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