Hohenberg v. Ferrero USA, Inc

Filing 52

MOTION to File Documents Under Seal (Fitzgerald, John)(leh).

1 LAW OFFICES OF RONALD A.
MARRON, APLC
2 RONALD A. MARRON (175650)
3 3636 4th Street, Suite 202
San Diego, CA 92103
[phone]
4 Telephone:
Facsimile:
[phone]
5 [e-mail]
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THE WESTON FIRM
GREGORY S. WESTON (239944)
JACK FITZGERALD (257370)
MELANIE PERSINGER (275423)
888 Turquoise Street
San Diego, CA 92109
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
[e-mail]

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9 Interim Class Counsel
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UNITED STATES DISTRICT COURT
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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PLAINTIFFS’ MOTION TO FILE UNDER
SEAL THE UNREDACTED
MEMORANDUM IN SUPPORT OF
PLAINTIFFS’ MOTION FOR CLASS
CERTIFICATION, AND EXHIBITS 1-5, 911, AND 13-34 TO THE DECLARATION
OF GREGORY S. WESTON IN SUPPORT
OF CLASS CERTIFICATION.
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
PLAINTIFFS’ MOTION TO FILE UNDER SEAL

1 TO:

ALL PARTIES AND THEIR ATTORNEYS OF RECORD

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PLEASE TAKE NOTICE that Plaintiffs hereby move for an order allowing them to file

3 under seal the unredacted versions of the Memorandum in Support of Plaintiffs’ Motion for
4 Class Certification and Exhibits 1-5, 9-11, and 13-34 to the Declaration of Gregory S. Weston in
5 Support of Class Certification, in accordance with Local Rule 79.2.
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On April 19, 2011, the Court entered a Protective Order (Dkt. 32). The Protective Order

7 permits the parties to designate information as “Confidential . . . if, in the good faith belief of
8 such party and its counsel, the unrestricted disclosure of such information could be potentially
9 prejudicial to the business or operations of such party.” Plaintiffs’ Memorandum in Support of
10 Class Certification, and Exhibits 1-5, 9-11, and 13-34 to the Declaration of Gregory S. Weston
11 in Support of Class Certification, contain copies and discussions of a number of documents
12 designated as “Confidential” by Defendant and/or third parties.
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Under the Protective Order, the parties have agreed to file such information under seal.

14 See Protective Order, ¶ 12.Accordingly, Plaintiffs move to file these documents under seal
15 pursuant to the Protective Order and Local Rule 79.2. Because of the sensitive nature of this
16 information, good cause exists to approve Plaintiffs’ application to file under seal. See, e.g.,
17 Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172, 1180 (9th Cir. 2006). Plaintiffs will
18 also electronically file a public version of its Memorandum in Support of Class Certification and
19 the supporting Declaration with confidential information and exhibits redacted.
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21 Dated: August 1, 2011

Respectfully Submitted,

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/s/ Jack Fitzgerald
Jack Fitzgerald

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THE WESTON FIRM
GREGORY S. WESTON
JACK FITZGERALD
MELANIE PERSINGER
888 Turquoise Street
San Diego, CA 92109
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In re Ferrero Litigation, Case No. 3:11-CV-00205-H-CAB
PLAINTIFFS’ MOTION TO FILE UNDER SEAL

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Telephone:
Facsimile:

858 488 1672
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
PLAINTIFFS’ MOTION TO FILE UNDER SEAL

A.