Hohenberg v. Ferrero USA, Inc

Filing 51

MOTION for Class Certification by Athena Hohenberg, Laura Rude-Barbato. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Gregory S. Weston, # 3 REDACTED Exhibits to the Weston Declaration, # 4 Declaration of Jack Fitzgerald, # 5 Declaration of Ronald A. Marron)(Fitzgerald, John). Modified on 8/2/2011 - No proof of service. Email sent to Atty to file proof of service. Removed duplicate text (jah).

1 LAW OFFICES OF RONALD A.
MARRON, APLC

2 RONALD A. MARRON (175650)
3636 4th Avenue, Suite 202

3 San Diego, California 92103
4 Telephone: [phone]
Facsimile:
[phone]
[e-mail]
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THE WESTON FIRM
GREGORY S. WESTON (239944)
JACK FITZGERALD (257370)
MELANIE PERSINGER (275423)
888 Turquoise Street
San Diego, California 92109
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
[e-mail]

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

CASE NO: 3:11-CV-00205 H CAB
Pleading Type: Class Action
Action Filed: February 01, 2011

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DECLARATION OF JACK
FITZGERALD IN SUPPORT OF
PLAINTIFFS’ MOTION FOR CLASS
CERTIFICATION

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Judge: Hon. Marilyn L. Huff
Date: October 11, 2011
Time: 10:30 a.m.
Location: Courtroom 13

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In Re Ferrero Litigation, Case No. 3:11-CV-00205 H (CAB)
DECLARATION OF JACK FITZGERALD

1 I, Jack Fitzgerald, declare:
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1.

I am a member in good standing of the State Bars of California and New York;

3 and of the United States District Courts for the Northern, Central and Southern Districts of
4 California and the Southern and Eastern Districts of New York; and of the United States Court of
5 Appeals for the Ninth Circuit. I make this Declaration in support of Plaintiff’s Motion for Class
6 Certification and Appointment of Class Counsel.
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2.

I am a graduate of Cornell University magna cum laude, and New York

8 University School of Law, where I was Editor of the New York University Law Review.
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3.

Before joining the Weston Firm, I was associated with the law firms of Baker &

10 Hostetler, LLP, in New York, New York, and Mayer Brown LLP in Palo Alto, California. While
11 at Mayer Brown, I defended the class action, In Re: Openwave Secs. Sys., Inc. Secs. Litig., No.
12 07-cv-1309 (S.D.N.Y.). While at both Baker & Hostetler and Mayer Brown, my practice was
13 always focused on large-scale, complex litigation including, for example, representing plaintiffs
14 asserting antitrust and false advertising claims against various telephone calling card
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4.

I began working at the Weston Firm in January, 2010. Since then, I have

17 dedicated virtually my entire practice to representing plaintiffs in class actions, including in all
18 the actions identified in the declaration of my partner, Gregory S. Weston.
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I declare under penalty of perjury under the laws of the United States that the foregoing is

20 true and correct.
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Executed on August 1, 2011 in Westport, Massachusetts.
/s/ Jack Fitzgerald
Jack Fitzgerald

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In Re Ferrero Litigation, Case No. 3:11-CV-00205 H (CAB)
DECLARATION OF JACK FITZGERALD

1 DATED: August 1, 2011

Respectfully Submitted,

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/s/Jack Fitzgerald
Jack Fitzgerald
THE WESTON FIRM
GREGORY S. WESTON
JACK FITZGERALD
MELANIE PERSINGER
888 Turquoise Street
San Diego, CA 92109
Telephone:
858 488 1672
Facsimile:
480 247 4553

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LAW OFFICES OF RONALD
MARRON, APLC
RONALD A. MARRON
3636 4th Street, Suite 202
San Diego, CA 92103
Telephone:
619 696 9066
Facsimile:
619 564 6665

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Interim Class Counsel

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In Re Ferrero Litigation, Case No. 3:11-CV-00205 H (CAB)
DECLARATION OF JACK FITZGERALD

A.