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).

EXHIBIT 1

From: Bish, Dale
Sent: Wednesday, October 12, 2011 2:41 PM
To: 'Jack Fitzgerald'
Subject: RE: Ferrero Cert Motion

Jack,
As a general matter, we are happy to stipulate to modest extensions of page limits – and would do so here if you were
seeking something in the range of 5 additional pages. However, we do not believe the context warrants filing a reply
brief that exceeds the number of pages allowed for opening briefs and opposition briefs. Plaintiffs cannot offer new
evidence, raise new issues, or otherwise satisfy their burden under Rule 23 in this submission, and it seems that
plaintiffs ought to be able to respond to a 25-page submission in 10 or 15 pages.
Dale

From: Jack Fitzgerald [mailto:[e-mail]]
Sent: Wednesday, October 12, 2011 10:48 AM
To: Bish, Dale
Subject: Ferrero Cert Motion

Hi, Dale –
I left a vm yesterday, but I wanted to ask if you will stipulate to allowing us additional pages for our reply. The Southern
District allows only 10 pages on reply by default, but given the breadth and complexity of the issues, we would request a
stipulation that would allow us up to 30 pages, though we would do our best to keep it to the usual 25.
Thanks, Dale.
Jack
Jack Fitzgerald
The Weston Firm
2811 Sykes Court
Santa Clara, California 95051
Phone: [phone]
Cell: [phone]

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