Hohenberg v. Ferrero USA, Inc

Filing 33

RESPONSE in Opposition re 19 MOTION for Change Venue filed by Athena Hohenberg, Laura Rude-Barbato. (Attachments: # 1 Declaration of Plaintiff Athena Hohenberg in Opposition to Ferrero's Motion for Transfer of Venue, # 2 Declaration of Plaintiff Laura Rude-Barbato in Opposition to Ferrero's Motion for Transfer of Venue, # 3 Declaration of Jack Fitzgerald in Opposition to Ferrero's Motion for Transfer of Venue, # 4 Unopposed Ex Parte Motion to File Documents Under Seal, # 5 Proof of Service)(Fitzgerald, John) (ag). Modified on 5/4/2011 to create motion (ag).

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LAW OFFICES OF RONALD A. MARRON, APLC
Ronald A. Marron, Esq., State Bar No. 175650
3636 4th Avenue, Suite 202
San Diego, California 92103
Telephone: [phone]
Facsimile: [phone]
[e-mail]
THE WESTON FIRM
GREGORY S. WESTON (239944)
JACK FITZGERALD (257370)
888 Turquoise Street
San Diego, CA 92109
Telephone: [phone]
Facsimile: 480 247 4553
[e-mail]
[e-mail]

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Interim Class Counsel in In re Ferrero Litigation

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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CASE NO. 11-cv-00205 H (CAB)
Pleading Type: Class Action

In re Ferrero Litigation

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DECLARATION OF ATHENA
HOHENBERG

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DECLARATION OF ATHENA HOHENBERG

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I, Athena Hohenberg, declare:

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1.

I am a resident of San Diego County in the State of California. I am the named

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plaintiff in the above-referenced action. I make this Declaration in support of Plaintiffs’ Opposition to

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defendant Ferrero, USA, Inc.’s motion to transfer.

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2.

I am 32 years of age as of today’s date and have lived and worked in San Diego since

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Sometime in late 2009 through the beginning of 2010 I began seeing television

1996.

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advertising featuring Nutella, a hazelnut spread, where the mom was feeding it to her children on a

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slice of bread as a breakfast item. Soon thereafter, I purchased Nutella from the Navy Commissary

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store in San Diego, because I understood Nutella to be healthy and nutritional for my daughter, K

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who was only 2 years old at the time. I felt betrayed when I discovered the product was 58% sugar

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and contained a high amount of fat.

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4.

I currently work in Imperial Beach, California in the County of San Diego in a real

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estate and property management firm. While my work hours are flexible, I often find myself working

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over 40 hours per week completing various tasks including supporting real estate agents, brokers,

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managing properties, and interacting with property owners and contractors.

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5.

I am a single mother and live in San Diego County with my 3 year old daughter, and 18

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year old step daughter. My 3 year old daughter, K

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medical testing, diagnostics and evaluation to determine cause of an apparent disability. I do not care

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to be more specific as to protect my daughter's privacy. In addition, my 3 year old daughter K

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undergoing speech therapy.

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providers, and speech therapist; and I attend 9 out of every 10 appointments or if I cannot get time off

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from work, I ensure that she has transportation and makes her appointments.

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6.

has a medical condition and is under-going

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I arrange for her appointments and care with various health care

I brought forth this law suit with the intention that the case would be filed and litigated

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in California – where I live and work. If this case were to be transferred to New Jersey, I would

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probably be precluded from participating any further in the litigation, especially if it required any

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travel or time away from my 3 year old daughter or work. I would not be willing to sacrifice the
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DECLARATION OF ATHENA HOHENBERG