Hohenberg v. Ferrero USA, Inc
Ex Parte MOTION for Extension of Time to File Answer by Ferrero USA, Inc. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration, # 3 Proof of Service)(Bal, Colleen) (ag).
Hohenberg v. Ferrero USA, Inc
Doc. 21 Att. 2
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KEITH E. EGGLETON, State Bar No. 159842 COLLEEN BAL, State Bar No. 167637 DALE R. BISH, State Bar No. 235390 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 Attorneys for Defendant FERRERO U.S.A, INC. UNITED STATES DISTRICT COURT
9 FOR THE SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, Colleen Bal, declare as follows: 1. I am an attorney admitted to practice law in the State of California and before this Court, and I am a partner at the law firm of Wilson Sonsini Goodrich & Rosati, attorneys for Defendant Ferrero U.S.A., Inc. ("Ferrero"). 2. I have personal knowledge of the facts stated herein and, if called upon to testify thereon as a witness, could and would do so. 3. On March 28, 2011, my colleague Dale Bish and I held a telephone conference with counsel for Plaintiffs in this consolidated action, Ronald Marron and Jack Fitzgerald. During the
DECL. OF COLLEEN BAL ISO EX PARTE MOTION FOR ORDER POSTPONING DEADLINE TO RESPOND TO CONSOLIDATED COMPLAINT AND STAYING DISCOVERY Case No. 11-CV-00205 H (CAB)
ATHENA HOHENBERG and LAURA RUDEBARBATO, on Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. FERRERO U.S.A., INC., a foreign corporation, Defendant.
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CASE NO.: 11 CV 0205 (H CAB) DECLARATION OF COLLEEN BAL PURSUANT TO LOCAL CIVIL RULE 83.3(h)(2) IN SUPPORT OF DEFENDANT FERRERO U.S.A,, INC.'S EX PARTE MOTION FOR AN ORDER POSTPONING DEADLINE TO RESPOND TO CONSOLIDATED COMPLAINT AND STAYING DISCOVERY Date: N/A Time: N/A Before: Hon. Marilyn L. Huff
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call, we advised them that Ferrero would seek to respond to their recently-served venue-related discovery, which includes a request for a Rule 30(b)(6) deposition, a set of interrogatories, and a set of document requests, in order to facilitate their response to the motion for transfer filed by Ferrero on March 25, 2011. On the telephone, we went through each of the requests and described the documents and information that we believed Ferrero would be able to provide. We also discussed proposed dates for the requested deposition. 4. During the call, we asked Plaintiffs' counsel if they would agree to postpone Ferrero's April 6, 2011 deadline to respond to the consolidated complaint and any additional (as yet unserved) discovery until after the Court resolved Ferrero's motion to transfer and, if necessary, a decision by the Judicial Panel on Multi-District Litigation. Plaintiffs told us they would not agree to extend the response deadline to the consolidated complaint but would consider our request regarding discovery. We therefore advised them that we would be making this ex parte request today to seek postponement of our deadline to respond to the consolidated complaint, and depending on their response, to seek postponement of additional discovery. 5. On March 29, 2011, Plaintiffs' counsel Jack Fitzgerald advised us that Plaintiffs
would not agree to our request to postpone Ferrero's response until after a decision on venue issues, but that Plaintiffs would agree to a 3-week extension until April 27, 2011 to respond to the consolidated complaint. Plaintiffs' counsel further advised that they would agree not to serve additional, non-venue related discovery prior to resolution of the motion to transfer, but only if only if Ferrero agreed not its file its ex parte request with the Court Dated: March 29, 2011 Respectfully submitted, WILSON SONSINI GOODRICH & ROSATI Professional Corporation
By: /s/ Colleen Bal Colleen Bal
Attorneys for Defendant Ferrero U.S.A., Inc.
DECL. OF COLLEEN BAL ISO EX PARTE MOTION FOR ORDER POSTPONING DEADLINE TO RESPOND TO CONSOLIDATED COMPLAINT AND STAYING DISCOVERY
Case No. 11-CV-00205 H (CAB)
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