Hohenberg v. Ferrero USA, Inc

Filing 77

Ex Parte MOTION for Leave to File Manual Exhibits by Ferrero USA, Inc. (Attachments: # 1 Proof of Service)(Marquez, Edmundo) (ag).

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KEITH E. EGGLETON, State Bar No. 159842
COLLEEN BAL, State Bar No. 167637
DALE R. BISH, State Bar No. 235390
EDMUNDO C. MARQUEZ, State Bar No. 268424
AMIR STEINHART, State Bar No. 275037
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
FERRERO U.S.A, INC.

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UNITED STATES DISTRICT COURT

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FOR THE SOUTHERN DISTRICT OF CALIFORNIA

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In re FERRERO LITIGATION

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CASE NO.: 11 CV 0205 H (CAB)
EX PARTE APPLICATION TO
PERMIT MANUAL FILING OF
EXHIBITS THAT CANNOT BE
CONVERTED INTO ELECTRONIC
FORM
Date: TBD
Time: TBD
Before: Hon. Marilyn L. Huff

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FERRERO U.S.A., INC.’S
EX PARTE APPLICATION

11 CV 0205 H

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Pursuant to Local Rule 5.1(e) and Electronic Case Filing Administrative Policies and

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Procedures Manual § 2(k), Defendant Ferrero U.S.A., Inc. (hereinafter “Ferrero”), hereby applies

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for leave of the Court to allow the non-electronic filing of exhibits.

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On October 10, 2011, Ferrero filed its Opposition to Plaintiffs’ Motion for Class

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Certification. In support of its opposition, Ferrero filed the Declaration of Karl Krohn, which

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includes references to Ferrero’s television advertisements for Nutella that are challenged in

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plaintiffs’ complaint. Krohn Decl. ¶¶ 4, 10. Because those commercials cannot be converted to

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PDF or electronically filed with the Court, Ferrero respectfully requests leave to file those

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exhibits manually.

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Subject to approval of the Court, such exhibits will be individually identified in accord

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with Electronic Case Filing Administrative Policies and Procedures Manual § 2(k) and will be

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lodged soon thereafter as leave is granted.

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Counsel for plaintiffs do not object to the manual filing of these exhibits.

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Dated: October 11, 2011

WILSON SONSINI GOODRICH & ROSATI
Professional Corporation

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By:
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s/ Edmundo C. Marquez
Edmundo C. Marquez

Attorneys for Defendant Ferrero U.S.A., Inc.

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FERRERO U.S.A., INC.’S
EX PARTE APPLICATION

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11 CV 0205 H