Hohenberg v. Ferrero USA, Inc

Filing 80

ORDER denying 77 Ex Parte Motion to Manually File Exhibits. Signed by Judge Marilyn L. Huff on 10/12/2011. (ag)(jrl).

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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. 11-CV-205 H (CAB)
ORDER DENYING FERRERO
U.S.A., INC.'S EX PARTE
APPLICATION TO
MANUALLY FILE EXHIBITS

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On October 10, 2011, Defendant Ferrero U.S.A., Inc. (“Ferrero”) filed its opposition

16 to Plaintiffs’ motion for class certification. (Doc. No. 76) Ferrero’s opposition includes
17 references to Ferrero’s television advertisements for Nutella that are challenged in Plaintiffs’
18 complaint. (Doc. No. 76-2, Krohn Decl. ¶¶ 4, 10.) On October 11, 2011, Ferrero filed an ex
19 parte application for leave to manually file the television advertisements. (Doc. No. 77.) The
20 Court declines to accept a non-electronic filing, and DENIES Ferrero’s application for leave
21 to manually file the television advertisements. In lieu of manually filing the exhibits, Ferrero
22 may file a transcript of relevant portions of the advertisements, and also mark and retain the
23 video clips of the advertisements as a separate exhibit.
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IT IS SO ORDERED.

25 DATED: October 12, 2011
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______________________________

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MARILYN L. HUFF, District Judge
UNITED STATES DISTRICT COURT

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11cv205