Hohenberg v. Ferrero USA, Inc

Filing 124

OBJECTION re 114 MOTION for Settlement Motion for Final Approval of Class Action Settlement MOTION for Attorney Fees Motion for Attorneys' Fees, Costs, and Incentive Awards (ag)

~-~,., 2 3 MICHAEL E. HALE, PRO SE 107 SPRUCE RD. FAIRFAX, CA 94930 T: (415) 400-7002 ...,­ FILED 12 JlJN -8 PH 3: 28 4 5 UNITED STATES DISTRICT COURT 6 FOR THE SOUTHERN DISTRICT OF CALIFORNIA 7 IN RE FERRERO LITIGATION ) ) 8 ) Case No. ll-cv-205 H (CAB) OBJECTION TO CLASS ACTION SETTLEMENT AND 9 10 My name is Michael Hale and I am a class member. I do not intend on appearing at the 11 fairness hearing or submitting evidence of any kind there or asking questions of any witnesses. I 12 13 request that this objection be submitted at the hearing for consideration by the Court. I rely on the documents attached to this objection, as well as al1 document in the Court's file. 14 15 16 I would ask that the Court reject this settlement and the proposed award of attorneys' fees and expenses. 17 18 19 20 My objections to the settlement are as follows: Objection is also made that the requirements of Fed. R. Civ. P. 23 cannot be met to maintain this case as a class action. The different groups and claims are too disparate and involve too many 21 individualized issues to be maintained as a class. 22 23 24 25 The defendant has already agreed to nationwide practice changes outside of California. Not only is it unthinkable that the defendant would implement materially different practice changes in California, the practice changes are illusory and in the defendants best interest. 26 27 28 Please reject the settlement and under all circumstances please do not approve the attorneys' fees and expenses. Thank you for your attention to this matter. Page 1 1 2 Date: June 8, 2012 3 4 5 CERTIFICATE OF SERVICE 6 7 8 I certify that a true and correct copy of this document has been forward to all those list as indicated below on this the 8th day of June 2012. 9 Via U.S. Mail Ronald A. Marron Law Offices of Ronald A. Marron, APLC 11 ,3636 4th Avenue, Ste. 202 12 . San Diego, CA 92103 10 13 Via U.S. Mail Gregory S. Weston 14 JackFitzgerald . The Weston Firm 15 . 1405 Morena Blvd., Ste. 201 16 . San Diego, CA 92110 17 Via U.S. Mail 18 19 20 21 22 Keith E. Eggleston Colleen Bal Dale R. Eggleston Colleen Bal Dale R. Bish Wilson Sonsini Goodrich & Rosati, P .C. 650 Page Mill Rd. Palo Alto, CA 94304-1050 23 Clerk of the Court U.S. District Court for the Southern . District of California 25 880 Front Street, Ste. 4290 San Diego, CA 92101-8900 26 24 27 28 Page 2 In re Ferrero Litigation CLAIM FORM 1'1\:1 It It., IEI I I ! I 1 I I ! I I I I I I I ! I Current Address* III 0I~I 15J 11 R1 fA I[I/} I I I I I I ! ! I I I I I I , I I I I Current City· Z: State * Cod.e* IE1 AI {Ill-I p~ ttl I I I I I I I I I [1Zg I~! 911 [j Ie1- ' -----'--''-----'' ---11 Telephone Number (Night)~optional) ! L I I- I I 1 I- l,---,----,--L--..I E-mail Address*· I I I ~TY OF CLAIMANT (Check appropriate box) ~ ~~ividual Legal Representative (attach information showing authority to submit claim) 0 o Other (specify, describe on separate sheet) Please state the number of jars of Nutella that you purchased in California from August 1, 2009 to January 23, 2012, inclusive. NOTE: YOU CAN CLAIM UP TO A MAXIMUM OF FIVE (5) JARS CERTIFICATION* I have read and am familiar with the contents of the Instructions accompanying this Claim Form and I certify that the information I have set forth in the foregOing Claim Form and in documents attached by me are true, correct and complete to the best of my knowledge. I certify that I purchased the number of jars of Nutella in the State of California indicated on the Claim Form above during the period August 1,2009 to January 23. 2012. inclusive. I am not an officer, director, agent, servant or employee of Ferrero U.S.A., Inc. or any related entity thereof; a judge in this lawswit; or an immediate family member of such persons; and I have not requested exclusion from the Settlement. I certifY tha.t the foregoi informa~n supplied b~ ~e undersigned is true and correct to the best of my knowledge and that 1m Form was cuted this day of J ~ ~ 2012. t~~,.' 12- n , Date If the Claimant is other than an individual, or is not the person completing this form, the following must also be provided: I Name of person signing I Capacity of person signing (Executor, President, Trustee, etc.) I Date REMINDER CHECKLIST: 1. Please sign the above Claim Form. 2. Keep a copy of your Claim Form and supporting documentation for your records. 3. If you desire an acknowledgment of receipt of your Claim Form, please complete the on-line Claim Form or mail this Claim Form via Certified Mail, Return Receipt Requested. 4. If you move or your name changes, please send your new address, new name or contact information to the Claims Administrator via the Settlement Website, or First-Crass U.S. Mail, each listed in the Notice. Page 2 of2 *Fields or Sections are Required to be Completed. ACCURATE CLAIMS PROCESSING TAKES A SIGNIFICANT AMOUNT OF TIME. THANK YOU FOR YOUR PATIENCE.