Hohenberg v. Ferrero USA, Inc
Filing
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Corrected MOTION to Dismiss Consolidated Complaint by Ferrero USA, Inc. (Bish, Dale) Modified on 4/19/2011 to note that the memorandum of p's and a's and other attachments are in document no. 30 (ag).
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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
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Attorneys for Defendant
FERRERO U.S.A., INC.
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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.: 11 CV 0205 H (CAB)
DEFENDANT FERRERO U.S.A.,
INC.’S CORRECTED NOTICE OF
MOTION AND MOTION TO DISMISS
CONSOLIDATED COMPLAINT
Date: June 13, 2011
Time: 10:30 a.m.
Before: Hon. Marilyn L. Huff
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DEFENDANT’S MOTION TO DISMISS
CONSOLIDATED COMPLAINT
11 CV 0205 H
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NOTICE OF MOTION AND MOTION TO DISMISS CONSOLIDATED COMPLAINT
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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
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NOTICE IS HEREBY GIVEN that on June 13, 2011, at 10:30 a.m. or as soon thereafter as
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counsel may be heard, in Courtroom 13 of the United States District Court for the Southern
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District of California, located at 940 Front Street, San Diego, California, 92101, Defendant
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Ferrero U.S.A., Inc. (“Ferrero”) will and hereby does move under Federal Rule of Civil
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Procedure 12(b)(6) for an order dismissing the “Master Consolidated Complaint” (Dkt No. 14).
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The motion is made on the ground that the Complaint herein fails to state any claim upon which
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relief can be granted. Ferrero’s motion is based upon this Motion, the supporting Memorandum
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of Points and Authorities, the accompanying Declaration of Amir Steinhart and the exhibits
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thereto, all filed herewith, and such other matters from the records and files in this action as may
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come before the Court at the hearing hereof.
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Dated: April 18, 2011
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
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By: /s/ Dale R. Bish
Dale R. Bish
dbish@wsgr.com
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Attorneys for Defendant Ferrero U.S.A., Inc.
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DEFENDANT’S MOTION TO DISMISS
CONSOLIDATED COMPLAINT
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11 CV 0205 H
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