Hohenberg v. Ferrero USA, Inc
Filing
76
RESPONSE in Opposition re 51 MOTION for Class Certification filed by Ferrero USA, Inc. (Attachments: # 1 Declaration Bernard Kreilmann, # 2 Declaration Karl Krohn, # 3 Declaration Amir Steinhart, # 4 Exhibit 1-Steinhart Declaration, # 5 Exhibit 2-Steinhart Declaration, # 6 Exhibit 3-Steinhart Declaration, # 7 Exhibit 4-Steinhart Declaration, # 8 Exhibit 5-Steinhart Declaration, # 9 Exhibit 6-Steinhart Declaration, # 10 Proof of Service)(Eggleton, Keith) (ag).
EXHIBIT 5
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UNITED STATES JUDICIAL PANEL
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ON
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MULTIDISTRICT LITIGATION
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SAN FRANCISCO, CALIFORNIA; CEREMONIAL COURTROOM, NINETEENTH
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FLOOR; JUDGE DAMRELL, JUDGE VRATIL, JUDGE HEYBURN, JUDGE
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FURGESON, JUDGE JONES
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IN RE:
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AND SALES PRACTICES LITIGATION) THURSDAY, JULY 28, 2011
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______________________________) ORAL ARGUMENT
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NUTELLA MARKETING
) MDL NO. 2248
REPORTER'S TRANSCRIPT OF PROCEEDINGS
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APPEARANCES:
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FOR THE PLAINTIFF MARNIE GLOVER:
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SCOTT & SCOTT
BY: JOSEPH P. GUGLIELMO, ATTORNEY AT LAW (SPEAKER ONE)
500 FIFTH AVENUE, SUITE 40
FOUR MINUTES
NEW YORK, NEW YORK 10110-4099
ONE MINUTE REBUTTAL
TEL (212) 302-0201
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FOR THE PLAINTIFF ATHENA HOHENBERG AND LAURA RUDE-BARBATO:
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THE WESTON FIRM
BY: GREGORY S. WESTON, ATTORNEY AT LAW
888 TURQUOISE STREET
SAN DIEGO, CALIFORNIA 92109
TEL (858) 488-1672 FAX (480) 247-4553
GREG@WESTONFIRM.COM
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(SPEAKER TWO)
FIVE MINUTES
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FOR FERRERO U.S.A., INC:
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WILSON SONSINI GOODRICH & ROSATI
BY: KEITH E. EGGLETON, ATTORNEY AT LAW (SPEAKER THREE)
650 PAGE MILL ROAD
PALO ALTO, CALIFORNIA 94304-1050
TEL (650) 493-9300 FAX (650) 493-6811
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REPORTED BY:
STARR A. WILSON, CSR 2462
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logistics, which distributes the com -- the things.
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there will be media, which is actually filmed the TV
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commercials that are alleged to be deceptive in all five of
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the cases.
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having the case in New Jersey is not correct.
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Jersey cases, it's not the first case.
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second case.
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And
So, to say there is some great convenience of
The New
It is not even the
It is the third and fifth case.
And, finally, favoring San Diego is the fact that
we're -- we have a class certification hearing set for
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October.
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documents in support of that, we're going to have that on
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file soon.
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single MDL right now in contrast to the forum that the later
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filed New Jersey cases, they have Judge Wolfson has a -- a
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27-case MDL against Byron pending.
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that MDL a consolidated action, there is also a large number
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of cases against the drug manufacturer or involving the drug
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Flexor that have been consolidated before Judge Wolfson, and
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that was not by an MDL, but that is nonetheless a large
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number of complex medical and drug cases for --
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We've just to review thousands of pages of
And the judge there, Judge Huff, does not have a
JUDGE DAMRELL:
And not only is there
Does the defendant support
centralization in New Jersey?
MR. WESTON:
Yes.
The Defendant actually strongly
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supports having the case in New Jersey.
And I think part of
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the reason is that the case is going slower there.
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We filed our case and Judge Huff repeatedly denied
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discovery stage and has put the case on a fast track, which
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is why we're now prepared to file a class certification
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motion and we have a stipulated briefing schedule and a date
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set of October 12 for that.
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JUDGE FURGESON:
That brings a -- I congratulate
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you and Judge Huff for moving so quickly.
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was filed in February and you're having a class action
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hearing in -- in October?
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MR. WESTON:
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JUDGE FURGESON:
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MR. WESTON:
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and not due to me.
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I -- your case
That I'll -That is a really fast track.
That is entirely due to Judge Huff
Um, what happened is -- (Laughter).
JUDGE FURGESON:
You want to give credit where
credit is due.
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MR. WESTON:
I -- we filed our opposition for
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motion to transfer, and the Defendants filed a client
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support.
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opinion that had obviously reviewed lots of exhibits that
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were produced by both parties, and the same thing with
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motion though dismiss.
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a hearing and instead we got this long, very long thought
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out word on denying, in almost every respect, the
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Defendant's motion to dismiss.
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And about three days later, this long detailed
She decided she didn't need to have
JUDGE FURGESON:
And so you and the Defendants
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have put this case on an incredibly fast track, correct?
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And you've done -- you're thinking you're going to finish
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your discovery and you're going to be ready, both sides are
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ready to have a class action certification hearing in
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October?
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MR. WESTON:
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JUDGE FURGESON:
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Yes.
And Judge Huff said you're going
to be ready, whether you want to or not.
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MR. WESTON:
She didn't set a deadline for class
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certification.
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and the rules say when you're ready, then you should file
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it.
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But we've been -- done all that discovery,
JUDGE FURGESON:
I understand that you said you
had a hearing set.
MR. WESTON:
We do have a hearing set and
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scheduled October 12 as well and we also have a stipulated
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briefing schedule with the Defendant.
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JUDGE FURGESON:
And, I'm sorry, you said there is
a hearing scheduled?
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MR. WESTON:
Yes.
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JUDGE FURGESON:
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MR. WESTON:
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JUDGE FURGESON:
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MR. WESTON:
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JUDGE HEYBURN:
October 12?
Yes.
Thank you.
Thank you.
Thank you very much.
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