Hohenberg v. Ferrero USA, Inc

Filing 140

MOTION for Order Imposing Appeal Bond by Athena Hohenberg, Laura Rude-Barbato. (Attachments: # 1 Memo of Points and Authorities in Support of Motion for Appeal Bond, # 2 Declaration of Jack Fitzgerald, # 3 Declaration of Charlene Young, # 4 Proof of Service)(Fitzgerald, John) (ag).

THE WESTON FIRM
1 GREGORY S. WESTON (239944)
2 [e-mail]
JACK FITZGERALD (257370)
3 [e-mail]
MELANIE PERSINGER (275423)
4 [e-mail]
COURTLAND CREEKMORE (182018)
5 [e-mail]
6 1405 Morena Blvd., Suite 201
San Diego, CA 92110
[phone]
7 Telephone:
Facsimile:
[phone]
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Class Counsel
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA

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LAW OFFICES OF RONALD A.
MARRON, APLC
RONALD A. MARRON (175650)
[e-mail]
B. SKYE RESENDES (278511)
[e-mail]
3636 4th Avenue, Suite 202
San Diego, California 92103
Telephone:
[phone]
Facsimile:
[phone]

IN RE FERRERO LITIGATION

Case No. 11-cv-00205-H-KSC
Pleading Type: Class Action
DECLARATION OF JACK FITZGERALD IN SUPPORT OF
PLAINTIFFS’ MOTION FOR APPEAL BOND 
Judge: The Honorable Marilyn L. Huff
Hearing: November 13, 2012
Time: 10:30 a.m.
Location: Courtroom 13

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In re Ferrero Litigation, Case No. 3:11-cv-00205-H-KSC
DECLARATION OF JACK FITZGERALD IN SUPPORT OF PLAINTIFFS’ MOTION FOR APPEAL BOND

1 I, Jack Fitzgerald, declare::
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1. I am a member in good standing of the State Bars of California and New York; and of

3 the United States District Courts for the Northern, Central, and Southern Districts of California and the
4 Southern and Eastern Districts of New York; and of the United States Court of Appeals for the Ninth
5 Circuit. I am Class Counsel in the above-captioned action. I make this declaration in support of
6 Plaintiffs’ Motion for Appeal Bond.
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2. Attached hereto as Exhibit 1 is a true and correct copy of a printout of The Law Office

8 of Grenville Pridham’s webpage listing Mr. Pridham as the firm’s principal attorney.
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3. Attached hereto as Exhibit 2 is a true and correct copy of a printout of the Bandas Law

10 Firm’s webpage.
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4. Attached hereto as Exhibit 3 is a true and correct copy of the Ninth Circuit Court of

12 Appeals’ August 30, 2012 Order directing Objector-Appellants to file a Mediation Questionnaire.
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5. Attached hereto as Exhibit 4 is a true and correct copy of the Ninth Circuit Court of

14 Appeals’ September 17, 2012 Order directing Objector-Appellants to file a Mediation Questionnaire.
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6. Attached hereto as Exhibit 5 is a true and correct copy of Objector-Appellants Drey and

16 Pridham’s Ninth Circuit Court of Appeals Mediation Questionnaire dated September 24, 2012.
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7. I estimate that the cost of preparing and filing the record and briefs and the cost of the

18 reporter’s transcript will be $15,000.
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8. I received, from Rust Consulting, and have reviewed, the most recent claims data for

20 this settlement. In California, 56,146 class members filed claims.
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9. On October 11, 2012, I executed financial calculations involving the determination of

22 interest on a sum of money. I made these calculations pursuant to 28 U.S.C. § 1961, which provides in
23 pertinent part:
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Interest shall be allowed on any money judgment in a civil case

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recovered in district court . . . Such interest shall be calculated from

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the date of the entry of judgment, at a rate equal to the weekly 1-year

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constant maturity Treasury yield, as published by the Board of

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In re Ferrero Litigation, Case No. 3:11-cv-00205-H-KSC
DECLARATION OF JACK FITZGERALD IN SUPPORT OF PLAINTIFFS’ MOTION FOR APPEAL BOND

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Governors of the Federal Reserve System for the calendar week

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preceding the date of the judgment.

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10. The weekly average one-year constant maturity Treasury bond yield for the week

4 preceding the judgment is that recorded as of July 9, 2012 as can be found at
5 http://www.federalreserve.gov/releases/h15/20120716/. The judgment date for purposes of calculating
6 the interest is July 9, 2012. The applicable interest rate is 0.20%.
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11. The computation requires the application of the applicable interest rate of 0.20% to a

8 Settlement Fund in the Amount of $419,076. The interest computation period is 20 months. This
9 computation yields an interest amount of $1,396.92.
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I declare under penalty of perjury under the laws of the State of California that the foregoing is

11 true and correct. Executed on October 11, 2012 in San Diego, California.
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/s/ Jack Fitzgerald
Jack Fitzgerald

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In re Ferrero Litigation, Case No. 3:11-cv-00205-H-KSC
DECLARATION OF JACK FITZGERALD IN SUPPORT OF PLAINTIFFS’ MOTION FOR APPEAL BOND

1 DATED: October 11, 2012

Respectfully Submitted,

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/s/ Jack Fitzgerald
Jack Fitzgerald

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THE WESTON FIRM
GREGORY S. WESTON
JACK FITZGERALD
MELANIE PERSINGER
COURTLAND CREEKMORE
1405 Morena Blvd., Suite 201
San Diego, CA 92110
Telephone: [phone]
Facsimile:
[phone]
LAW OFFICES OF RONALD A. MARRON,
APLC
RONALD A. MARRON
B. SKYE RESENDES
3636 4th Street, Suite 202
San Diego, CA 92103
Telephone: [phone]
Facsimile:
[phone]

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Class Counsel

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In re Ferrero Litigation, Case No. 3:11-cv-00205-H-KSC
DECLARATION OF JACK FITZGERALD IN SUPPORT OF PLAINTIFFS’ MOTION FOR APPEAL BOND

EXHIBIT 1

About Us

1 of 1

http://www.grenvillepridham.com/About_Us.html

LAW OFFICE OF

GRENVILLE
PRIDHAM
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ABOUT GRENVILLE PRIDHAM
Over 20 years of experience
Licensed in California and Nevada
Graduate of the University of Illinois, Champaign/Urbana
Graduate of the University of San Diego School of Law
Nevada Deputy Attorney General for over 10 years
Member of NACA (National Association of Consumer
Advocates)
The firm's principal attorney, Grenville Pridham, has been fighting for consumer rights for over 20 years. Mr. Pridham is a member
of the National Association of Consumer Advocates and was Deputy Attorney General for the State of Nevada for over 10 years,
prosecuting securities, telemarketing and consumer fraud cases. Mr. Pridham is a consumer advocate and primarily litigates in the
areas of NASD arbitrations, Fair Debt Practice Act, Truth in Lending Act, Auto Fraud, and miscellaneous consumer protection
statutes.
Mr. Pridham's experience prosecuting securities fraud has enabled him to handle NASD arbitrations for investors who may have
been victimized by their stock broker. Estate planning is an offshoot from his interest in financial fraud, which is the common
denominator among the areas of law that Mr. Pridham practices. The primary goals of the estate planning process is helping persons
avoid becoming a victim of a financial fraud either through education or performing due diligence for proposed investments while
setting up clients' estates to pass smoothly to the intended beneficiaries. Mr. Pridham's knowledge of the securities markets and
investment principles is particularly helpful to clients who may have been given conflicting advice concerning the best investment
vehicles to use in their estate planning. Mr. Pridham approaches estate planning with a team concept, bringing all of a client's
advisors together or including appropriate professionals to help design the client's plan. Mr. Pridham also handles personal injury
cases as his practice allows.
Mr. Pridham is passionate about the law and maintains the highest professional legal and ethics standards. As a member of the bar
associations of the California and Nevada, Mr. Pridham is admitted to practice in the state and federal courts of both jurisdictions.
Copyright 2008-2012. Law Office of Grenville Pridham. All rights reserved.

8/21/2012 10:29 AM

EXHIBIT 2

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EXHIBIT 3

Case: 12-56469

08/30/2012

ID: 8305484

DktEntry: 2

Page: 1 of 2

FILED
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

In re: FERRERO LITIGATION,

ATHENA HOHENBERG, individually
and on behalf of all others similarly
situated and LAURA RUDE-BARBATO,
on behalf of herself and all others similarly
situated,

AUG 30 2012
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS

No. 12-56469
D.C. No. 3:11-cv-00205-H-KSC
Southern District of California,
San Diego

ORDER

Plaintiffs - Appellees,
COURTNEY DREY and ANDREA
PRIDHAM,
Objectors - Appellants,
v.
FERRERO USA, INC., a foreign
corporation,
Defendant - Appellee.

The Court of Appeals’ records do not indicate that appellants have filed a
Mediation Questionnaire in accordance with Circuit Rule 3-4.
Within seven (7) days of the filing of this order, appellants shall: (a) file a
Mediation Questionnaire (available on the court's website, www.ca9.uscourts.gov );
(b) dismiss the appeal voluntarily pursuant to Fed. R. App. P. 42(b); or (c) show

Case: 12-56469

08/30/2012

ID: 8305484

DktEntry: 2

Page: 2 of 2

cause in writing why this appeal should not be dismissed pursuant to Ninth Cir. R.
42-1. Failure to comply with this order will result in dismissal pursuant to Ninth
Cir. R. 42-1.
FOR THE COURT:
By: Elisa P. Monterola
Deputy Clerk

em /m ediation

2

EXHIBIT 4

Case: 12-56469

09/17/2012

ID: 8325424

DktEntry: 7

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

In re: FERRERO LITIGATION,

ATHENA HOHENBERG, individually
and on behalf of all others similarly
situated and LAURA RUDE-BARBATO,
on behalf of herself and all others similarly
situated,

Page: 1 of 2

FILED
SEP 17 2012

MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS

No. 12-56469
D.C. No. 3:11-cv-00205-H-KSC
Southern District of California,
San Diego

ORDER

Plaintiffs - Appellees,
COURTNEY DREY and ANDREA
PRIDHAM,
Objectors - Appellants,
v.
FERRERO USA, INC., a foreign
corporation,
Defendant - Appellee.

Appellants have failed to file a Mediation Questionnaire in accordance with
the court’s order of August 30, 2012. Within seven (7) days of the filing date of
this order, appellants shall file a Mediation Questionnaire (available on the court's
website, www.ca9.uscourts.gov ) or a motion to dismiss the appeal voluntarily

Case: 12-56469

09/17/2012

ID: 8325424

DktEntry: 7

Page: 2 of 2

under Fed. R. App. P. 42(b), or shall show cause in writing why this appeal should
not be dismissed.
Failure to comply with this order will result in dismissal. See Ninth Cir. R.
42-1.
FOR THE COURT:
By: Elisa P. Monterola
Deputy Clerk

em /m ediation

2

EXHIBIT 5