Hohenberg v. Ferrero USA, Inc

Filing 8

MOTION to Consolidate Cases by Athena Hohenberg. (Attachments: # 1 Memo of Points and Authorities in Support of Motion, # 2 Declaration of Ronald A. Marron, # 3 Declaration of Gregory S. Weston, # 4 Declaration of Jack Fitzgerald, # 5 Proof of Service)(Marron, Ronald) (ag). Added MOTION to Appoint Counsel on 3/1/2011 (ag).

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Hohenberg v. Ferrero USA, Inc Doc. 8 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 LAW OFFICES OF RONALD A. MARRON, APLC Ronald A. Marron, Esq., State Bar No. 175650 3636 4th Avenue, Suite 202 San Diego, California 92103 Telephone: (619) 696-9006 Facsimile: (619) 564-6665 Ron.marron@gmail.com THE WESTON FIRM Gregory S. Weston, Esq., State Bar No. 239944 Jack Fitzgerald, Esq., State Bar No. 257370 888 Turquoise Street San Diego, California 92109 Telephone: (858) 488-1672 Facsimile: (480) 247-4553 Greg@westonfirm.com Counsel for Plaintiff, Athena Hohenberg; and the Proposed Class Counsel for Related-Case Plaintiff, Laura Rude-Barbado; and the Proposed Class UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ATHENA HOHENBERG, individually and on behalf of all others similarly situated, Plaintiffs, v. FERRERO U.S.A, INC., a foreign corporation, Defendant. CASE NO. 11-cv-00205 H CAB CLASS ACTION NOTICE OF MOTION AND MOTION BY PLAINTIFFS ATHENA HOHENBERG AND RELATED CASE PLAINTIFF LAURA RUDE-BARBATO TO: (1) CONSOLIDATE CASES, AND (2) APPOINT INTERIM LEAD COCLASS COUNSEL; Date: Time: Location: Judge: March 28, 2011 10:30 a.m. Courtroom 13 Hon. Marilyn L. Huff [Filed concurrently with: Memorandum of Points and Authorities; Declaration of Ronald A. Marron; Declaration of Gregory S. Weston; Declaration of John J. Fitzgerald; and 1 CLASS ACTION NOTICE OF MOTION AND MOTION BY PLAINTIFFS TO: (1) CONSOLIDATE CASES, AND (2) APPOINT INTERIM CO-CLASS COUNSEL 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 v. FERRERO U.S.A, INC., a foreign corporation, Defendants. Plaintiffs, LAURA RUDE-BARBATO, individually and on behalf of all others similarly situated, Certificate of Service] Case No. 11-cv-00249-DMS-BLM TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on March 28, 2011 at 10:30 a.m., or as soon thereafter as may be heard, in Courtroom 13 of the United States District Court for the Southern District of California, before the Honorable Marilyn L. Huff, pursuant to Federal Rules of Civil Procedure 23(g) and 42(a)(2), and Local Civil Rules of Practice for the United States District Court for the Southern District of California (CivLR) 7.1, et seq., plaintiffs Athena Hohenberg and related case Plaintiff Laura Rude-Barbato (collectively, "Plaintiffs") will, and hereby do, move this Court for: (1) an order consolidating the present action with the following action: (a) Rude-Barbato v. Ferrero U.S.A., Case No. 11-cv-00249-DMS-BLM, Southern District of California, filed February 4, 2011. (2) Plaintiffs will, and hereby do, further move this Court for an order appointing Plaintiffs' attorneys, The Law Offices of Ronald A. Marron and The Weston Firm, as Interim Lead Co-Class Counsel. Defendant, Ferrero U.S.A., Inc., by and through their counsel of record, have indicated that they do not oppose the motion to consolidate. This motion is and will be based upon this Notice of Motion, the Motion itself, the concurrently filed Memorandum of Points and Authorities, the concurrently-filed declarations of Ronald A. Marron, Gregory S. Weston and Jack Fitzgerald, all prior proceedings had, the papers on file in these matters, and any oral argument presented by counsel, as well as upon all other matters 2 CLASS ACTION NOTICE OF MOTION AND MOTION BY PLAINTIFFS TO: (1) CONSOLIDATE CASES, AND (2) APPOINT INTERIM CO-CLASS COUNSEL 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 upon which this Court may take judicial notice, or as may be presented at the hearing on the motion. DATED: February 28, 2011 Respectfully submitted by, /s/ Ronald A. Marron Ronald A. Marron LAW OFFICES OF RONALD A. MARRON, APLC 3636 4th Avenue, Suite 202 San Diego, CA 92103 Telephone: (619) 696-9006 Facsimile: (619) 564-6665 Attorneys for Plaintiff Athena Hohenberg; and the Proposed Class /s/Gregory S. Weston Gregory S. Weston THE WESTON FIRM GREGORY S. WESTON JACK FITZGERALD 888 Turquoise Street San Diego, CA 92109 Telephone: 858 488 1672 Facsimile: 480 247 4553 Counsel for Plaintiff Laura Rude-Barbato and the Proposed Class /s/ Jack Fitzgerald Jack Fitzgerald THE WESTON FIRM GREGORY S. WESTON JACK FITZGERALD 888 Turquoise Street San Diego, CA 92109 Telephone: 858 488 1672 Facsimile: 480 247 4553 Counsel for Plaintiff Laura Rude-Barbato and the Proposed Class 3 CLASS ACTION NOTICE OF MOTION AND MOTION BY PLAINTIFFS TO: (1) CONSOLIDATE CASES, AND (2) APPOINT INTERIM CO-CLASS COUNSEL