Extract to table

" A declaration submitted in support of or in opposition to a motion must be made on personal knowledge and must set forth facts that would be admissible in evidence

The proponent must demonstrate, by a preponderance of the evidence, that the facts necessary for the testimony's admissibility have been established

This is precisely the type of inadmissible generalization that must be excluded to ensure the Court's certification analysis rests on admissible evidence

This analysis must account for variations across facilities, show units, production types, supervisors, shift lengths, and individual employee practices

The absence of timekeeping data for rest periods means that evidence of rest period practices must come from testimony of individual employees and supervisors—testimony that, by its nature, will vary by facility, show unit, supervisor, and production type