Hohenberg v. Ferrero USA, Inc

Filing 77

Ex Parte MOTION for Leave to File Manual Exhibits by Ferrero USA, Inc. (Attachments: # 1 Proof of Service)(Marquez, Edmundo) (ag).

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1 2 3 4 5 6 7 KEITH E. EGGLETON, State Bar No. 159842 COLLEEN BAL, State Bar No. 167637 DALE R. BISH, State Bar No. 235390 EDMUNDO C. MARQUEZ, State Bar No. 268424 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. 8 9 UNITED STATES DISTRICT COURT 10 FOR THE SOUTHERN DISTRICT OF CALIFORNIA 11 12 In re FERRERO LITIGATION 13 14 15 16 17 18 ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 11 CV 0205 H (CAB) EX PARTE APPLICATION TO PERMIT MANUAL FILING OF EXHIBITS THAT CANNOT BE CONVERTED INTO ELECTRONIC FORM Date: TBD Time: TBD Before: Hon. Marilyn L. Huff 19 20 21 22 23 24 25 26 27 28 FERRERO U.S.A., INC.’S EX PARTE APPLICATION 11 CV 0205 H 1 Pursuant to Local Rule 5.1(e) and Electronic Case Filing Administrative Policies and 2 Procedures Manual § 2(k), Defendant Ferrero U.S.A., Inc. (hereinafter “Ferrero”), hereby applies 3 for leave of the Court to allow the non-electronic filing of exhibits. 4 On October 10, 2011, Ferrero filed its Opposition to Plaintiffs’ Motion for Class 5 Certification. In support of its opposition, Ferrero filed the Declaration of Karl Krohn, which 6 includes references to Ferrero’s television advertisements for Nutella that are challenged in 7 plaintiffs’ complaint. Krohn Decl. ¶¶ 4, 10. Because those commercials cannot be converted to 8 PDF or electronically filed with the Court, Ferrero respectfully requests leave to file those 9 exhibits manually. 10 Subject to approval of the Court, such exhibits will be individually identified in accord 11 with Electronic Case Filing Administrative Policies and Procedures Manual § 2(k) and will be 12 lodged soon thereafter as leave is granted. 13 Counsel for plaintiffs do not object to the manual filing of these exhibits. 14 15 Dated: October 11, 2011 WILSON SONSINI GOODRICH & ROSATI Professional Corporation 16 17 By: 18 s/ Edmundo C. Marquez Edmundo C. Marquez Attorneys for Defendant Ferrero U.S.A., Inc. 19 20 21 22 23 24 25 26 27 28 FERRERO U.S.A., INC.’S EX PARTE APPLICATION -1- 11 CV 0205 H