Hohenberg v. Ferrero USA, Inc

Filing 8

MOTION to Consolidate Cases by Athena Hohenberg. (Attachments: # 1 Memo of Points and Authorities in Support of Motion, # 2 Declaration of Ronald A. Marron, # 3 Declaration of Gregory S. Weston, # 4 Declaration of Jack Fitzgerald, # 5 Proof of Service)(Marron, Ronald) (ag). Added MOTION to Appoint Counsel on 3/1/2011 (ag).

Hohenberg v. Ferrero USA, Inc

Doc. 8 Att. 4

1 THE WESTON FIRM GREGORY S. WESTON (239944) 2 JACK FITZGERALD (257370) 3 888 Turquoise Street San Diego, CA 92109 858 488 1672 4 Telephone: Facsimile: 480 247 4553 5 [e-mail] [e-mail] 6 7 Counsel for Plaintiff Laura Rude-Barbato 8 and the Proposed Class 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Hohenberg v. Ferrero U.S.A., Inc., Case No. 3:11-cv-00205 H CAB DECLARATION OF JACK FITZGERALD IN SUPPORT OF MOTION TO CONSOLIDATE AND APPOINT INTERIM CLASS COUNSEL
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

ATHENA HOHENBERG, individually and on behalf of all others similarly situated, Plaintiff, v. FERRERO U.S.A., INC.,

Case No. 3:11-cv-00205 H CAB Pleading Type: Class Action DECLARATION OF JACK FITZGERALD IN SUPPORT OF MOTION TO CONSOLIDATE AND APPOINT INTERIM CLASS COUNSEL Judge: The Hon. Marilyn L. Huff Date: March 28, 2011

Defendant. LAURA RUDE-BARBATO, on behalf of herself and all others similarly situated, Plaintiff, v. Judge: The Hon. Dana M. Sabraw FERRERO U.S.A., INC., Defendant.

/ Case No. 3:11-cv-00249 DMS (BLM) Pleading Type: Class Action

1 I, Jack Fitzgerald, declare: 2 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 Plaintiffs' Motion for 6 Consolidation and Appointment of Interim Class Counsel. 7 2. I graduated from Cornell University magna cum laude, and New York University

8 School of Law, where I was Editor of the New York University Law Review. 9 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 Securities Systems, Inc. Securities 12 Litigation, No. 07-cv-1309 (S.D.N.Y.). While at both Baker & Hostetler and Mayer Brown, my 13 practice was always focused on large-scale, complex litigation including, for example, 14 representing plaintiffs asserting antitrust and false advertising claims against various telephone 15 calling card manufacturers. 16 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 the 18 actions identified in the concurrently-filed declaration of my partner, Gregory Weston. 19 20 21 22 23 24 25 26 27 28 29 30 1 Hohenberg v. Ferrero U.S.A., Inc., Case No. 3:11-cv-00205 H CAB DECLARATION OF JACK FITZGERALD IN SUPPORT OF MOTION TO CONSOLIDATE AND APPOINT INTERIM CLASS COUNSEL /s/ Jack Fitzgerald Jack Fitzgerald Executed on February 23, 2011, in Santa Clara, California.

1 2

5. DATED: February 28, 2011 Respectfully Submitted,

3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 2 Hohenberg v. Ferrero U.S.A., Inc., Case No. 3:11-cv-00205 H CAB DECLARATION OF JACK FITZGERALD IN SUPPORT OF MOTION TO CONSOLIDATE AND APPOINT INTERIM CLASS COUNSEL /s/Gregory S. Weston Gregory S. Weston THE WESTON FIRM GREGORY S. WESTON JACK FITZGERALD 888 Turquoise Street San Diego, CA 92109 Telephone: [phone] Facsimile: 480 247 4553 Counsel for Plaintiff Laura Rude-Barbato and the Proposed Class