Hohenberg v. Ferrero USA, Inc

Filing 80

ORDER denying 77 Ex Parte Motion to Manually File Exhibits. Signed by Judge Marilyn L. Huff on 10/12/2011. (ag)(jrl).

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 10 In re FERRERO LITIGATION CASE NO. 11-CV-205 H (CAB) ORDER DENYING FERRERO U.S.A., INC.'S EX PARTE APPLICATION TO MANUALLY FILE EXHIBITS 11 12 13 14 15 On October 10, 2011, Defendant Ferrero U.S.A., Inc. (“Ferrero”) filed its opposition 16 to Plaintiffs’ motion for class certification. (Doc. No. 76) Ferrero’s opposition includes 17 references to Ferrero’s television advertisements for Nutella that are challenged in Plaintiffs’ 18 complaint. (Doc. No. 76-2, Krohn Decl. ¶¶ 4, 10.) On October 11, 2011, Ferrero filed an ex 19 parte application for leave to manually file the television advertisements. (Doc. No. 77.) The 20 Court declines to accept a non-electronic filing, and DENIES Ferrero’s application for leave 21 to manually file the television advertisements. In lieu of manually filing the exhibits, Ferrero 22 may file a transcript of relevant portions of the advertisements, and also mark and retain the 23 video clips of the advertisements as a separate exhibit. 24 IT IS SO ORDERED. 25 DATED: October 12, 2011 26 ______________________________ 27 MARILYN L. HUFF, District Judge UNITED STATES DISTRICT COURT 28 -1- 11cv205