Hohenberg v. Ferrero USA, Inc
Filing
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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: (619) 696-9006
Facsimile: (619) 564-6665
ron.marron@gmail.com
THE WESTON FIRM
GREGORY S. WESTON (239944)
JACK FITZGERALD (257370)
888 Turquoise Street
San Diego, CA 92109
Telephone: 858 488 1672
Facsimile: 480 247 4553
greg@westonfirm.com
jack@westonfirm.com
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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
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