Hohenberg v. Ferrero USA, Inc

Filing 89

MOTION to Strike 83 Response in Support of Motion,, Motion to Strike Paragraphs 3 Through 6 of the Declaration of Melanie Persinger and Exhibit 5 Thereto by Ferrero USA, Inc. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration Declaration of Amir Steinhart in Support of Motion to Strike, # 3 Exhibit 1 to Declaration of Amir Steinhart, # 4 Exhibit 2 to Declaration of Amir Steinhart, # 5 Proof of Service)(Eggleton, Keith) (ag).

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1 2 3 4 5 6 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 E-mail: keggleton@wsgr.com 7 8 Attorneys for Defendant FERRERO U.S.A., INC. 9 10 UNITED STATES DISTRICT COURT 11 FOR THE SOUTHERN DISTRICT OF CALIFORNIA 12 13 In re FERRERO LITIGATION 14 15 16 17 18 19 20 21 22 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 11 CV 0205 H (CAB) DEFENDANT FERRERO U.S.A., INC.’S NOTICE OF MOTION AND MOTION TO STRIKE PARAGRAPHS 3 THROUGH 6 OF THE DECLARATION OF MELANIE PERSINGER AND EXHIBIT 5 THERETO Date: November 7, 2011 Time: 10:30 a.m. Location: Courtroom 13 Before: Hon. Marilyn L. Huff 23 24 25 26 27 28 DEFENDANT’S NOTICE OF MOTION AND MOTION TO STRIKE PERSINGER DECLARATION 11 CV 0205 H 1 NOTICE OF MOTION AND MOTION TO STRIKE 2 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 3 NOTICE IS HEREBY GIVEN that on November 7, 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(f) and Civil Local Rule 7.1(h) for an order striking paragraphs 3 through 6 of the 8 declaration of Melanie Persinger and Exhibit 5 to that declaration, both filed with plaintiffs’ 9 reply in support of their motion for class certification. Ferrero’s motion is based upon this 10 Motion, the supporting Memorandum of Points and Authorities, the declaration of Amir 11 Steinhart, 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: October 27, 2011 WILSON SONSINI GOODRICH & ROSATI Professional Corporation 15 16 17 By: /s/ Keith E. Eggleton Keith E. Eggleton 18 Attorneys for Defendant Ferrero U.S.A., Inc. 19 20 21 22 23 24 25 26 27 28 DEFENDANT’S NOTICE OF MOTION AND MOTION TO STRIKE PERSINGER DECLARATION -1- 11 CV 0205 H