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 (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
INTERIM CLASS COUNSEL
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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IN RE FERRERO LITIGATION
______________________________________
ATHENA HOHENBERG & LAURA RUDEBARBATO, individually and on behalf of all
others similarly situated,
CASE NO. 3:11-CV-00205-H-CAB
PLAINTIFFS’ UNOPPOSED EX PARTE
APPLICATION TO FILE DOCUMENTS
UNDER SEAL
Judge: The Honorable Marilyn L. Huff
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Plaintiffs,
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v.
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FERRERO U.S.A, INC., a foreign corporation,
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Defendant.
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IN RE FERRERO, NO. 3:11-CV-00205-H-CAB
PLAINTIFFS’ EX PARTE MOTION TO FILE DOCUMENTS UNDER SEAL
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Plaintiffs Athena Hohenberg and Laura Rude-Barbato hereby respectfully apply for permission
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to file the following documents under seal, pursuant to the Protective Order filed in this action, and
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signed by Magistrate Judge Cathy Ann Bencivengo on April 29, 2011 (Dkt. No. 32). Ferrero does not
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oppose this application. These documents are being submitted as part of the Declaration of Jack
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Fitzgerald in Opposition to Ferrero’s Motion to Transfer Venue (Dkt. No. 19). The documents
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requested to be filed under seal are as follows:
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Fitzgerald Dec. Exhibit B: Excerpts from the deposition transcript of Ferrero’s CEO,
Bernard Kreilmann, that Ferrero designated “Confidential.”
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Fitzgerald Dec. Exhibit C: Document produced by Ferrero in response to Interrogatories
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detailing Ferrero’s net sales of Nutella from January 2007 through February 2011, which Ferrero
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designated “Confidential.”
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Fitzgerald Dec. Exhibit D: Document produced by Ferrero in response to Interrogatories
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detailing Ferrero’s Unit and Dollar sales of Nutella in the United States and California from 2007 to
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2010, and for the 12 weeks ending March 20, 2011, which Ferrero designated “Confidential.”
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Fitzgerald Dec. Exhibit E: Printout of native Microsoft Excel file produced by Ferrero on a
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CD marked FERRERO001234-001270, and further marked “CONFIDENTIAL.” The document
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shows underlying and summary Nutella sales data for “mass” stores Wal-Mart and Target, and “club”
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stores Costco and Sams.
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Fitzgerald Dec. Exhibit F: First 10 pages of a document produced by Ferrero bearing
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production numbers FERRERO000134-001128, showing every point Ferrero shipped Nutella to from
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January 2007 through March 2011, which Ferrero designated “Confidential.”
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Fitzgerald Dec. Exhibit J:
Table created by Plaintiffs concerning possible third-party
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witnesses. Plaintiffs seek to file under seal information derived from sources Ferrero designated
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“Confidential.”
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For the foregoing reasons, Plaintiffs’ respectfully request the Court permit them to file the
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foregoing exhibits under seal.1 If the Court finds any documents sought to be filed under seal are not
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Per the Court’s instructions, Plaintiffs are delivering to Chambers two hard copies of each document
sought to be filed under seal, pending resolution of this Motion.
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PLAINTIFFS’ EX PARTE MOTION TO FILE DOCUMENTS UNDER SEAL
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confidential, Plaintiffs respectfully request a specific finding that they are not subject to the Protective
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Order.
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Dated: May 2, 2011
Respectfully submitted,
By: /s/ Jack Fitzgerald
Jack Fitzgerald
Gregory S. Weston
THE WESTON FIRM
Ronald A. Marron
LAW OFFICES OF RONALD A.
MARRON, APLC
INTERIM CLASS COUNSEL
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PLAINTIFFS’ EX PARTE MOTION TO FILE DOCUMENTS UNDER SEAL
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