Hohenberg v. Ferrero USA, Inc

Filing 124

OBJECTION re 114 MOTION for Settlement Motion for Final Approval of Class Action Settlement MOTION for Attorney Fees Motion for Attorneys' Fees, Costs, and Incentive Awards (ag)

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MICHAEL E. HALE, PRO SE
107 SPRUCE RD.
FAIRFAX, CA 94930
T: [phone]

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FILED
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UNITED STATES DISTRICT COURT

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FOR THE SOUTHERN DISTRICT OF CALIFORNIA

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IN RE FERRERO LITIGATION

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Case No. ll-cv-205 H (CAB)
OBJECTION TO CLASS ACTION
SETTLEMENT AND

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My name is Michael Hale and I am a class member. I do not intend on appearing at the

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fairness hearing or submitting evidence of any kind there or asking questions of any witnesses. I

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request that this objection be submitted at the hearing for consideration by the Court. I rely on the
documents attached to this objection, as well as al1 document in the Court's file.

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I would ask that the Court reject this settlement and the proposed award of attorneys' fees
and expenses.

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My objections to the settlement are as follows:
Objection is also made that the requirements of Fed. R. Civ. P. 23 cannot be met to maintain
this case as a class action. The different groups and claims are too disparate and involve too many

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individualized issues to be maintained as a class.
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The defendant has already agreed to nationwide practice changes outside of California. Not
only is it unthinkable that the defendant would implement materially different practice changes in
California, the practice changes are illusory and in the defendants best interest.

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Please reject the settlement and under all circumstances please do not approve the attorneys'
fees and expenses. Thank you for your attention to this matter.

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Date: June 8, 2012

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CERTIFICATE OF SERVICE

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I certify that a true and correct copy of this document has been forward to all those list as
indicated below on this the 8th day of June 2012.

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Via U.S. Mail
Ronald A. Marron
Law Offices of Ronald A. Marron, APLC
11 ,3636 4th Avenue, Ste. 202
12 . San Diego, CA 92103
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13 Via U.S. Mail
Gregory S. Weston
14 JackFitzgerald
. The Weston Firm
15 . 1405 Morena Blvd., Ste. 201
16 . San Diego, CA 92110

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Keith E. Eggleston
Colleen Bal
Dale R. Eggleston
Colleen Bal
Dale R. Bish
Wilson Sonsini Goodrich & Rosati, P .C.
650 Page Mill Rd.
Palo Alto, CA 94304-1050

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Clerk of the Court
U.S. District Court for the Southern
. District of California

25 880 Front Street, Ste. 4290

San Diego, CA 92101-8900

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Page 2

In re Ferrero Litigation
CLAIM FORM

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Current Address*

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Current City·

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State *

Cod.e*

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Telephone Number (Night)~optional)

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E-mail Address*·

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~TY OF CLAIMANT (Check appropriate box)
~ ~~ividual
Legal Representative (attach information showing authority to submit claim)

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o Other (specify, describe on separate sheet)

Please state the number of jars of Nutella that you purchased

in California from August 1, 2009 to January 23, 2012, inclusive.

NOTE: YOU CAN CLAIM UP TO A MAXIMUM OF FIVE (5) JARS

CERTIFICATION*
I have read and am familiar with the contents of the Instructions accompanying this Claim Form and I certify that the
information I have set forth in the foregOing Claim Form and in documents attached by me are true, correct and complete to
the best of my knowledge.
I certify that I purchased the number of jars of Nutella in the State of California indicated on the Claim Form above during the

period August 1,2009 to January 23. 2012. inclusive.

I am not an officer, director, agent, servant or employee of Ferrero U.S.A., Inc. or any related entity thereof; a judge in this

lawswit; or an immediate family member of such persons; and I have not requested exclusion from the Settlement.

I certifY tha.t the foregoi informa~n supplied b~ ~e undersigned is true and correct to the best of my knowledge and that
1m Form was
cuted this
day of J ~ ~
2012.

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Date
If the Claimant is other than an individual, or is not the person completing this form, the following must also be provided:

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Name of person signing

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Capacity of person signing
(Executor, President, Trustee, etc.)

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Date

REMINDER CHECKLIST:
1. Please sign the above Claim Form.
2. Keep a copy of your Claim Form and supporting documentation for your records.
3. If you desire an acknowledgment of receipt of your Claim Form, please complete the on-line Claim Form or mail this
Claim Form via Certified Mail, Return Receipt Requested.
4. If you move or your name changes, please send your new address, new name or contact information to the Claims
Administrator via the Settlement Website, or First-Crass U.S. Mail, each listed in the Notice.

Page 2 of2
*Fields or Sections are Required to be Completed.
ACCURATE CLAIMS PROCESSING TAKES A SIGNIFICANT AMOUNT OF TIME. THANK YOU FOR YOUR PATIENCE.