Hohenberg v. Ferrero USA, Inc

Filing 21

Ex Parte MOTION for Extension of Time to File Answer by Ferrero USA, Inc. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration, # 3 Proof of Service)(Bal, Colleen) (ag).

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Hohenberg v. Ferrero USA, Inc Doc. 21 1 2 3 4 5 6 7 8 KEITH E. EGGLETON, State Bar No. 159842 COLLEEN BAL, State Bar No. 167637 DALE R. BISH, State Bar No. 235390 AMIR STEINHART, State Bar No. 275037 WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road Palo Alto, CA 94304-1050 Telephone: (650) 493-9300 Facsimile: (650) 565-5100 Attorneys for Defendant FERRERO U.S.A, INC. UNITED STATES DISTRICT COURT 9 FOR THE SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 TO PLAINTIFFS AND COUNSEL OF RECORD: 20 PLEASE TAKE NOTICE that Defendant Ferrero U.S.A., Inc. ("Ferrero") hereby moves 21 the Court on an ex parte basis for an order postponing its April 6, 2011 deadline to respond to the 22 consolidated complaint and additional discovery deadlines until this Court is able to resolve the 23 issues raised in Ferrero's Motion to Transfer, which was filed on March 25, 2011 and is set for 24 hearing on May 2, 2011. As set forth in the accompanying memorandum of points and 25 authorities, absent ex parte relief, Ferrero will be required to respond to the consolidated 26 complaint and potentially be subject to a variety of discovery deadlines, which would be 27 28 FERRERO'S NOTICE OF MOTION AND EX PARTE MOTION FOR AN ORDER POSTPONING DEADLINE TO RESPOND TO CON. COMPLAINT AND STAYING DISC. Case No. 11-CV-00205 H (CAB) ATHENA HOHENBERG and LAURA RUDEBARBATO, on Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. FERRERO U.S.A., INC., a foreign corporation, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 11 CV 0205 H (CAB) FERRERO U.S.A., INC.'S NOTICE OF MOTION AND EX PARTE MOTION FOR AN ORDER POSTPONING DEADLINE TO RESPOND TO CONSOLIDATED COMPLAINT AND STAYING DISCOVERY Date: N/A Time: N/A Before: Hon. Marilyn L. Huff Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 unnecessary and wasteful in the event the Court transfers the action to New Jersey (where it would be consolidated with a related case). Therefore, Ferrero hereby respectfully moves the Court to issue an order: 1. That Ferrero U.S.A.'s response to the consolidated, amended complaint be due thirty (30) days after the Court's order on Ferrero U.S.A.'s motion to transfer; and 2. That all Rule 26 requirements and discovery be postponed until after the Court's ruling on Ferrero U.S.A.'s motion to transfer with the exception of venue-related discovery previously propounded by Plaintiffs. Ferrero U.S.A.'s ex parte application is supported by the concurrently filed memorandum of points and authorities and the declaration of Colleen Bal. Dated: March 29, 2011 Respectfully submitted, WILSON SONSINI GOODRICH & ROSATI Professional Corporation By: /s/ Colleen Bal Colleen Bal Attorneys for Defendant Ferrero U.S.A., Inc. FERRERO'S NOTICE OF MOTION AND EX PARTE MOTION FOR AN ORDER POSTPONING DEADLINE TO RESPOND TO CON. COMPLAINT AND STAYING DISC. Case No. 11-CV-00205 H (CAB) 1