Hohenberg v. Ferrero USA, Inc

Filing 31

Corrected MOTION to Dismiss Consolidated Complaint by Ferrero USA, Inc. (Bish, Dale) Modified on 4/19/2011 to note that the memorandum of p's and a's and other attachments are in document no. 30 (ag).

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1 2 3 4 5 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 6 7 Attorneys for Defendant FERRERO U.S.A., INC. 8 UNITED STATES DISTRICT COURT 9 FOR THE SOUTHERN DISTRICT OF CALIFORNIA 10 11 In re FERRERO LITIGATION 12 13 14 15 16 17 18 19 20 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 11 CV 0205 H (CAB) DEFENDANT FERRERO U.S.A., INC.’S CORRECTED NOTICE OF MOTION AND MOTION TO DISMISS CONSOLIDATED COMPLAINT Date: June 13, 2011 Time: 10:30 a.m. Before: Hon. Marilyn L. Huff 21 22 23 24 25 26 27 28 DEFENDANT’S MOTION TO DISMISS CONSOLIDATED COMPLAINT 11 CV 0205 H 1 NOTICE OF MOTION AND MOTION TO DISMISS CONSOLIDATED COMPLAINT 2 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 3 NOTICE IS HEREBY GIVEN that on June 13, 2011, at 10:30 a.m. or as soon thereafter as 4 counsel may be heard, in Courtroom 13 of the United States District Court for the Southern 5 District of California, located at 940 Front Street, San Diego, California, 92101, Defendant 6 Ferrero U.S.A., Inc. (“Ferrero”) will and hereby does move under Federal Rule of Civil 7 Procedure 12(b)(6) for an order dismissing the “Master Consolidated Complaint” (Dkt No. 14). 8 The motion is made on the ground that the Complaint herein fails to state any claim upon which 9 relief can be granted. Ferrero’s motion is based upon this Motion, the supporting Memorandum 10 of Points and Authorities, the accompanying Declaration of Amir Steinhart and the exhibits 11 thereto, all filed herewith, and such other matters from the records and files in this action as may 12 come before the Court at the hearing hereof. 13 14 Dated: April 18, 2011 WILSON SONSINI GOODRICH & ROSATI Professional Corporation 15 16 By: /s/ Dale R. Bish Dale R. Bish dbish@wsgr.com 17 18 Attorneys for Defendant Ferrero U.S.A., Inc. 19 20 21 22 23 24 25 26 27 28 DEFENDANT’S MOTION TO DISMISS CONSOLIDATED COMPLAINT -1- 11 CV 0205 H