Hohenberg v. Ferrero USA, Inc
Filing
89
MOTION to Strike 83 Response in Support of Motion,, Motion to Strike Paragraphs 3 Through 6 of the Declaration of Melanie Persinger and Exhibit 5 Thereto by Ferrero USA, Inc. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration Declaration of Amir Steinhart in Support of Motion to Strike, # 3 Exhibit 1 to Declaration of Amir Steinhart, # 4 Exhibit 2 to Declaration of Amir Steinhart, # 5 Proof of Service)(Eggleton, Keith) (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: (650) 493-9300
Facsimile: (650) 565-5100
E-mail: keggleton@wsgr.com
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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)
DEFENDANT FERRERO U.S.A.,
INC.’S NOTICE OF MOTION AND
MOTION TO STRIKE PARAGRAPHS
3 THROUGH 6 OF THE
DECLARATION OF MELANIE
PERSINGER AND EXHIBIT 5
THERETO
Date: November 7, 2011
Time: 10:30 a.m.
Location: Courtroom 13
Before: Hon. Marilyn L. Huff
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DEFENDANT’S NOTICE OF MOTION AND MOTION
TO STRIKE PERSINGER DECLARATION
11 CV 0205 H
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NOTICE OF MOTION AND MOTION TO STRIKE
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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
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NOTICE IS HEREBY GIVEN that on November 7, 2011, at 10:30 a.m. or as soon thereafter as
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counsel may be heard, in Courtroom 13 of the United States District Court for the Southern
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District of California, located at 940 Front Street, San Diego, California, 92101, Defendant
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Ferrero U.S.A., Inc. (“Ferrero”) will and hereby does move under Federal Rule of Civil
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Procedure 12(f) and Civil Local Rule 7.1(h) for an order striking paragraphs 3 through 6 of the
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declaration of Melanie Persinger and Exhibit 5 to that declaration, both filed with plaintiffs’
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reply in support of their motion for class certification. Ferrero’s motion is based upon this
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Motion, the supporting Memorandum of Points and Authorities, the declaration of Amir
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Steinhart, filed herewith, and such other matters from the records and files in this action as may
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come before the Court at the hearing hereof.
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Dated: October 27, 2011
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
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By: /s/ Keith E. Eggleton
Keith E. Eggleton
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Attorneys for Defendant Ferrero U.S.A., Inc.
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DEFENDANT’S NOTICE OF MOTION AND MOTION
TO STRIKE PERSINGER DECLARATION
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11 CV 0205 H
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