Blaszkowski et al v. Mars Inc. et al

Filing 262

MOTION for Discovery To Conduct Personal Jurisdiction Discovery by All Plaintiffs. Responses due by 12/17/2007 (Attachments: # 1 Exhibits A through D)(MacIvor, Catherine)

Blaszkowski et al v. Mars Inc. et al

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO. 07-21221 CIV ALTONAGA/Turnoff RENEE BLASZKOWSKI, et al., Individually and on behalf of others similarly situated, Plaintiffs/Class Representatives, vs. MARS INC., et al, Defendants. ________________________________/ PLAINTIFFS'/CLASS REPRESENTATIVES MOTION FOR LEAVE TO CONDUCT PERSONAL JURISDICTION DISCOVERY Plaintiffs/Class Representatives, Renee Blaszkowski, et al., respectfully request this Court to enter an Order granting them leave to conduct personal jurisdiction discovery as to Defendants1 Meijer Inc.("Meijer"), Pet Supplies PLUS/USA, Inc.("Pet Supplies Plus"), H.E. Butt Grocery Company ("HEB"), The Kroger Co. of Ohio ("Kroger"), Safeway Inc ("Safeway"), and The Stop & Shop Supermarket Co. LLC("Stop & Shop"), collectively referred to as the "Jurisdictional Defendants,"2 and as grounds therefore, states as follows:

I.

Procedural Background

Nestlé SA has been voluntarily dismissed. [DE 254]. The Jurisdictional Defendants have previously challenged personal jurisdiction in this case first by individual Motions to Dismiss the Amended Complaint, and then collectively, in the Defendants' Consolidated Motion to Dismiss the Plaintiffs/Class Representatives Amended Complaint. [DE 232]. The Court recently dismissed the Consolidated Motion to Dismiss as moot because the Court granted the Plaintiffs/Class Representatives leave to file their Second Amended Complaint. [DE 257]. Based upon a pre-filing Rule 7.1 conference, the Jurisdictional Defendants intend to reassert their jurisdictional challenges in the Motion to Dismiss to Plaintiffs/Class Representatives Second Amended Complaint, which is due on December 14, 2007. [DE 257].
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The Plaintiffs previously indicated that they were going to file a Motion for Leave for Personal Jurisdiction Discovery and the Court initially granted the request. [DE 243]. The Jurisdictional Defendants Moved for Reconsideration of the Court's Order because the Plaintiffs had not made specific allegations regarding the Jurisdictional Defendants contacts with Florida. [DE 244]. The Court granted jurisdictional discovery as to New Albertson's Inc., but not as the remaining Jurisdictional Defendants because the Court deemed that except as to New Albertson's Inc. the Corrected Amended Complaint failed state the Jurisdictional Defendants' contacts with Florida. [DE 251]. The Court advised that the Plaintiffs may revisit the issue of jurisdictional discovery when sufficient allegations are made in a subsequent pleading. [DE 251 fn 3]. On November 16, 2007, the Plaintiffs filed their Unopposed Motion for Leave to File Second Amended Complaint, which was granted by the Court. [DE 256, 257]. The Second Amended Complaint contains allegations regarding each jurisdictional Defendants contacts with Florida. [DE 260 at ¶¶ 56-60, 64]. These are the same or similar allegations which the Court fund sufficient to grant leave for personal jurisdiction discovery as to New Albertson's Inc. [DE 251 pp. 2, 5]. II. The Plaintiffs request leave for personal jurisdiction discovery to rebut the Jurisdictional Defendants' Affidavits The Jurisdictional Defendants have each filed one or more affidavits and/or declarations in support of dismissal for a purported lack of personal jurisdiction under Florida's long-arm statute. In order for the Plaintiffs/Class Representatives to rebut the Jurisdictional Defendants respective challenges to personal jurisdiction in this case, the Plaintiffs/Class Representatives need to conduct personal jurisdiction discovery. Under Florida law, the Plaintiffs/Class

Representatives are entitled to conduct personal jurisdiction discovery. See Mother Doe v 2 CASE NO. 07-21221 ALTONAGA/Turnoff
MALTZMAN FOREMAN, PA, 2 South Biscayne Boulevard, Miami, FL 33131 Tel: [phone] / Fax: [phone]

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Maktom, 2007 U.S. Dist. LEXIS 54918 at *36 (S.D. Fla. 2006); citing Eaton v. Dorchester Dev., Inc., 692 F.2d 727, 729-31 (11th Cir. 1982). Based on the Court's Order on Defendants Motion for Reconsideration [D.E. 251], before discovery can be conducted, the Plaintiffs/Class Representatives must first allege sufficient facts regarding the Jurisdictional Defendants contacts with this forum. At the pleading stage, the Plaintiff/Class Representatives need only make a prima facie showing of jurisdiction to be entitled to personal jurisdiction discovery. See Posner v. Essex Ins. Co., 178 F.3d 1209, 1214 (11th Cir. 1999).3 In the Second Amended Complaint the Plaintiffs/Class Representatives have alleged sufficient facts to establish a prima facie showing of personal jurisdiction of the Jurisdictional Defendants. [DE 256 ¶¶ 56-60, 64]. Pursuant to Instabook Corp. v. Instantpublisher.com, 469 F.Supp.2d 1120, 1127 (M.D. Fla. 2006) the Plaintiffs/Class Representatives need personal jurisdiction discovery because the facts relating to personal jurisdiction are almost exclusively within the knowledge of each Jurisdictional Defendant. A. Kroger Kroger is registered to do business in Florida. See Exhibit "A." The Plaintiffs/Class Representatives served the summons and complaint on Kroger's registered agent in Florida. [DE 170]. According to Young v. Capital One Bank, 2007 U.S. Dist. LEXIS 47710 (S.D. Fla. 2007), service on registered agent is a factor in finding personal jurisdiction. See also Benedict v. General Motors Corp., 142 F.Supp.2d 1330, 1334 ("[b]y formally qualifying to do business in Florida and registering an agent pursuant to section 48.091(1) and chapter 607 of the Florida Statutes (1983), [the] foreign corporation submitted itself to the jurisdiction of Florida courts
But see Matthews v. Brookstone Stores Inc. 431 F.Supp.2d 1219, 1228 (S.D.Ala. 2006)("where pertinent facts bearing on jurisdictional question are in dispute, discovery should be permitted during pendency of motion to dismiss, irrespective of whether plaintiff establishes prima facie case of personal jurisdiction prior to such discovery").
3

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because it acknowledged that it did sufficient business in Florida to make it amendable to suit and service of process here."). The Plaintiffs request to obtain personal jurisdiction discovery regarding the business that Kroger conducts in Florida. A review of publicly available information also shows that Kroger has officers in this state. Jorge P. Montoya at Ocean Club-Ocean Tower II, 791 Crandon Blvd, # 803, Key Biscayne, FL 33134 and John L. Clendenin of Bellsouth Corp., 1873 Flagler Estates Dr. W. Palm Beach, FL 33411 are directors of the corporation. See Exhibit "B" attached hereto. Additionally, Kroger owns and operates Tom Thumb convenience stores, at least some of which sell pet food to Florida consumers. Information available on the internet also reveals that Kroger operates, or is involved in operating, jewelry stores in Florida.4 The Plaintiffs/Class Representatives firmly believe that discovery regarding these activities will confirm personal jurisdiction over Kroger under of Fla. Stat. § 48.193(a)and/or (b) and or (f) or general jurisdiction under Fla.Stat. § 48.193(2). B. Pet Supplies Plus According to information relating to the Pet Supplies Plus franchise, the franschisor, Pet Supplies Plus is directly involved in the franchisees' individual store business operations through providing hands-on training, advertising material and in-store promotions and through a "comprehensive buying program" whereby it provides the franchisees with "advantageous deals in every product category." See http://www.franchisebrief.com/franchises/pet-supplies-plusfranchise.php. Moreover, Pets Supplies Plus obtains a percentage of revenue for the sale of pet food in Florida through franchise agreements which appear to have been in effect during the Class period. At least two franchisees appear to be located in Florida. See Exhibit "C" attached
4

See http:www.thekrogerco.com/finance/documents/SectionII-2.pdf.

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hereto. There is also a Pet Supplies Plus company registered with the Florida Department of State. While this company is currently inactive, it appears to have been an active corporation within the Class Period. See Exhibit "D" attached hereto. The Plaintiffs/Class Representatives, therefore, request leave to conduct discovery regarding Pet Supplies Plus' business dealings with franchisees in Florida through the wholesale program, the assistance with advertising and in-store promotions to local franchisee's as the Plaintiffs believe that such discovery will confirm ongoing and substantial business dealings in this state supporting personal jurisdiction pursuant to Fla.Stat. § 48.193(a) "operating, conduction, engaging in, or carrying on a business or business venture in this state" and/or (b) "committing a tortuous act within this state" and/or (f) "causing injury to persons or property within this state arising out of an act or omission by the defendant outside this state" or even general jurisdiction under Fla. Stat. § 48.193(2). C. Meijer Public information available to the Plaintiffs/Class Representatives indicates that Meijer conducts business and/or has sufficient contacts with Florida. For example, Meijer appears to have co-branded with a company called Home Diagnostics, Inc from Ft. Lauderdale, Florida to design the New True Track Smart System blood glucose monitor designed for Meijer customers and is available in all Meijer stores.5 Furthermore, Meijer offers a Meijer Credit Card to customers, and an internet search indicates that payments are facilitated with an address for receiving payments in Orlando, Florida.6 Moreover, through Meijer's interactive website,

5 6

www.homediagnostics.com/pdf/pressreleases/3_2_04_Meijer_PR.pdf. https://www.onlinecreditcenter2.com/Meijer/custserv/MeijerCustHelp.html#PaymentInfo1: "Where do I mail payments? (back to top)

You should mail your payment to: Meijer, PO Box 960013, Orlando, FL 32896-0013. Make your check payable to

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www.meijer.com, consumers can order products for delivery to Florida, including pet products.7 The Plaintiffs, therefore, request, the opportunity to conduct personal jurisdiction discovery to determine the extent of Meijer's business dealings in Florida, including but not limited to, Meijer's customer base in Florida, and income derived from sales to consumers in Florida. Moreover, the Plaintiffs would like to explore what network of suppliers and other contacts Meijer has in this state. The Plaintiffs/Class Representatives believe that such discovery will support personal jurisdiction over Meijer pursuant to Fla.Stat. § 48.193(a) "operating, conduction, engaging in, or carrying on a business or business venture in this state" and/or (b) "committing a tortuous act within this state" and/or (f) "causing injury to persons or property within this state arising out of an act or omission by the defendant outside this state" or even general jurisdiction under Fla.Stat. § 48.193(2). D. Safeway Safeway corporation is registered to do business in Florida, and was served in this state through its registered agent in Florida. [D.E. 171]. See Young, 2007 U.S. Dist. LEXIS 47710 *56 (S.D. Fla. 2007) and Benedict, 142 F.Supp.2d at 1334 supra. Safeway also has an interactive website and internet research reveals several possible contacts with Florida, to wit: Safeway provides online delivery of fruit baskets, gourmet gifts and home living delivery to different locations in Florida. See http://seasonal.safeway.com/.

Meijer/GEMB and be sure to include the remittance stub from your billing statement. To ensure your payment is received on time, we suggest you mail your payment a minimum of 5 business days prior to the due date as shown on your monthly billing statement. We also accept electronic payments through banks, online service providers, and CheckFree, the free online payment service accessible through Meijer.com. Additionally, we accept payments over the phone for a fee by calling customer service at 1-866-7-MEIJER (63-4537). Gift certificates and other credit cards are not accepted as a form of payment." 7 http://www.meijer.com/Specialty_Foods.cms

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According to information available on the internet, Safeway purchased Randall Tom Thumb and the Plaintiffs/Class Representatives would like to explore through discovery the link, if any, between the Randall Tom Thumb stores and Tom Thumb stores located in Florida. Safeway is also involved in sale of flowers over the internet through Florists' Transworld Delivery, Inc. Safeway flowers can be purchased online at http://www.safewayflowers.com delivered worldwide including purchases in Florida and deliveries in Florida. Based on

Safeway's activities and contacts in Florida as mentioned supra, the Plaintiffs/Class Representatives believes that discovery regarding these activities will demonstrate Safeway's contacts with Florida sufficient to support personal jurisdiction under Florida Statute § 48.193(a)and/or (b) and or (f) and/or general jurisdiction under Fla.Stat. § 48.193(2). E. HEB HEB has an interactive website8 and, according to information available on the internet, HEB Butt Grocery Company-Floral delivers flowers to Florida through an affiliated, agent or business partner called Florists' Transworld Delivery, Inc.
9

Moreover, HEB appears to be

involved in a series of other activities in Florida, to wit: Max's Birthday Club sponsored by Purina where there appears to be no geographic restriction on membership, and therefore membership is open to Florida residents.10 Additionally, HEB's website reveals that it offers petcare insurance. The Plaintiffs are not able to ascertain any other information regarding pet insurance which appears to be available in Florida (because no discovery has yet been taken).11

Zippo Mfg. v. Zippo Dot Corn, Inc., 952 F.Supp. 1119, 1124 (W.D.Pa. 1997)(personal jurisdiction found on basis of interactive internet website.) 9 http://www.referenceforbusiness.com/history2/4/Florists-Transworld-Delivery-Inc.html
10 11

8

http://www.heb.com/yourHEBStore/specialPromotions-maxsBirthdayClub.jsp https://www.petcareinsurance.com/(kj3lt0ecrdwwlz3rymvwcmie)/sc_step1.aspx?Country=2&Partner=70

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HEB also offers an online Defensive Driving Course12 offering a $5 coupon and a link to register at https://registration.onlinetraffic.com/heb/register.php, which has Florida as a state for registration. Furthermore, HEB offers a Mastercard available for Florida citizens.13 Similarly, HEB online photo services appear to be available to Florida residents.14 Based on HEB's substantial interactive internet operation and chain of suppliers15 and customer base in Florida, the Plaintiffs/Class Representatives believes that discovery regarding HEB's business dealings, internet sales, customer base and contacts generally with Florida will support personal jurisdiction under Florida Statute § 48.193(a)and/or (b) and or (f) and/or or general jurisdiction under Fla.Stat. § 48.193(2). F. Stop & Shop Based on the recall of the dog food "Companion" manufactured, advertised and sold by Stop'N Shop, the Plaintiffs seek information regarding whether the recalled products reached customers in Florida, in order to establish whether there is jurisdiction over this Defendant under Fla. Stat. § 48.193(1)(f). The Plaintiff/Class Representatives are also aware that Stop & Shop, through Floral Transworld Delivery, Inc., sells and delivers flowers to Florida through the Stop & Shop website.16 Furthermore, the Plaintiffs seek discovery regarding business contacts,

production, distribution or other business with the state of Florida that will confirm jurisdiction under Fla. Stat. § 48.193(1)(a) and/or or Fla. Stat. § 48.193 (2).

12 13

http://www.heb.com/defensivedriving/

https://app.firstusa.com/ICBatch/?PID=none&SPID=B6G4&CELL=6VSP&AFFID=&CLICK=&CID=&PROMO= DF01 14 http://www.hebphoto.com/net/Uploader/LPUploader.aspx 15 http://www.hebforms.com/default.aspx-16

http://www.ftdfloristsonline.com/stopandshop. 8 CASE NO. 07-21221 ALTONAGA/Turnoff
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WHEREFORE, the Plaintiffs respectfully request this Court to enter an Order granting the Plaintiffs/Class Representatives' Motion for Leave to Conduct Personal Jurisdiction discovery regarding the Jurisdictional Defendants for all of the reasons set forth above and for all other relief that the Court deems just and proper. Dated: December 3, 2007 Miami, FL /s Catherine J. MacIvor CATHERINE J. MACIVOR (FBN 932711) [e-mail] JEFFREY B. MALTZMAN (FBN 0048860) [e-mail] JEFFREY E. FOREMAN (FBN 0240310) [e-mail] DARREN W. FRIEDMAN (FBN 0146765) [e-mail] MALTZMAN FOREMAN, PA One Biscayne Tower 2 South Biscayne Boulevard -Suite 2300 Miami, Florida 33131 Tel: [phone] / Fax: [phone] Attorneys for Plaintiffs

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CERTIFICATE OF SERVICE WE HEREBY CERTIFY that the foregoing was electronically filed with the Clerk of the Court via CM/ECF on this 3rd day of December, 2007. We also certify that the foregoing was served on all counsel or parties of record on the attached Service List either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those counsel or parties who are not authorized to receive electronic Notices of Filing. /s Catherine J. MacIvor Catherine MacIvor

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SERVICE LIST CASE NO. 07-21221 ALTONAGA/Turnoff CATHERINE J. MACIVOR [e-mail] JEFFREY B. MALTZMAN [e-mail] JEFFREY E. FOREMAN [e-mail] DARREN W. FRIEDMAN [e-mail] MALTZMAN FOREMAN, PA One Biscayne Tower 2 South Biscayne Boulevard -Suite 2300 Miami, Florida 33131 Tel: [phone] / Fax: [phone] Attorneys for Plaintiffs MARK C. GOODMAN [e-mail] JOHN B.T. MURRAY [e-mail] Squire Sanders & Demspey, LLP 1900 Phillips Point West 777 S. Flagler Drive West Palm Beach, Florida 33401 Tel: [phone] / Fax: [phone] Attorney for Defendant Target Corp. ALAN GRAHAM GREER [e-mail] Richman Greer Weil Brumbaugh Mirabito & Christensen 201 South Biscayne Boulevard ­ STE 1000 Miami, Florida 33131 Tel: [phone] / Fax: [phone] Attorneys for Defendant Proctor and Gamble Co. PHILIP A. SECHLER [e-mail] THOMAS G. HENTOFF [e-mail] DANE H. BUTSWINKAS [e-mail] CHRISTOPHER M. D'ANGELO [e-mail] PATRICK J. HOULIHAN [e-mail] Williams & Connolly LLP 725 12th Street, N.W. Washington, D.C. 20005 Tel: [phone] / Fax: [phone] Attorneys for Defendant Mars, Inc. OMAR ORTEGA [e-mail] Dorta and Ortega, P.A. Douglas Entrance 800 S. Douglas Road, Suite 149 Coral Gables, Florida 33134 Tel: [phone] / Fax: [phone] Attorneys for Defendant Mars, Inc.

JOHN J. KUSTER [e-mail] JAMES D. ARDEN [e-mail] Sidley Austin LLP 787 Seventh Avenue New York, NY 10019 Tel: [phone] / Fax: [phone] Attorneys for Defendant Colgate Palmolive Company and Hill's Pet Nutrition, Inc.,

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D. JEFFREY IRELAND [e-mail] BRIAN D. WRIGHT [e-mail] LAURA A. SANOM [e-mail] Faruki Ireland & Cox P.L.L. 500 Courthouse Plaza, S.W. 10 North Ludlow St. Dayton, OH 45402 Tel: [phone] / Fax: [phone] Attorneys for Defendant Proctor and Gamble Co. SHERRIL M. COLOMBO [e-mail] Cozen O'Connor 200 South Biscayne Boulevard Suite 4410 Miami, Florida 33131-2303 Tel: [phone] / Fax: [phone] Attorneys for Defendant Del Monte Foods, Co. JOHN J. McDONOUGH [e-mail] RICHARD FAMA [e-mail] Cozen O'Connor 45 Broadway New York, NY 10006 Tel: [phone] / Fax: [phone] Attorneys for Defendant Del Monte Foods Co. JOHN F. MULLEN [e-mail] Cozen O'Connor The Atrium ­ 3rd Floor 1900 Market Street Philadelphia, PA 19103 Tel: [phone] / Fax: [phone] Attorneys for Defendant Del Monte Foods Co.

OLGA M. VIEIRA [e-mail] BENJAMINE REID [e-mail] Carlton Fields, PA 100 SE 2nd Street - #4000 Miami, FL 33131 Tel: [phone] / Fax: Attorneys for Defendant Colgate Palmolive Company

KARA L. McCALL [e-mail] Sidley Austin, LLP One South Dearborn Chicago, Illinios 60603 Tel: [phone] / Fax: Attorneys for Defendant Colgate Palmolive Company ROBERT C. TROYER [e-mail] Hogan & Hartson LLP One Tabor Center -Suite 1500 1200 Seventeenth Street Denver, CO 80202 Tel: [phone] / Fax: [phone] Attorneys for Nestle U.S.A., Inc. MIRANDA L. BERGE [e-mail] CRAIG A. HOOVER [e-mail] Hogan & Hartson, LLP 555 13th Street, NW Washington, DC 20004 Tel: [phone] / Fax: [phone] Attorneys for Nestle U.S.A., Inc.

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BEN BRODERICK [e-mail] GARY L. JUSTICE [e-mail] WILLIAM EDWARD WEGNER [e-mail] GAIL E. LEES [e-mail] Gibson Dunn & Crutcher L.L.P 333 S. Grand Avenue -Suite 4600 Los Angeles, CA 90071 Tel: [phone] / Fax: [phone] Attorneys for Defendant Nutro Products Inc. MARK W. WHITBURN [e-mail] GIBSON, DUNN & CRUTCHER LLP 2100 McKinney Avenue, Suite 1100 Dallas, TX 75201 Telephone: [phone]/ Fax: [phone] Attorneys for Defendant Nutro Products Inc.

CAROL A. LICKO [e-mail] Hogan & Hartson L.L.P Mellon Financial Center 1111 Brickell Avenue, Suite 1900 Miami, Florida 33131 Tel: [phone] / Fax: [phone] Attorneys for Nestle U.S.A., Inc.

MARTY STEINBERG [e-mail] ADRIANA RIVIERE-BADELL [e-mail] Hunton & Williams, LLP 1111 Brickell Avenue - #2500 Miami, Florida 33131 Tel: [phone] / Fax: [phone] Attorneys for Defendant Nutro Products Inc.

HUGH J. TURNER JR. [e-mail] Akerman Senterfitt & Eidson Las Olas Centre II, Suite 1600 350 East Las Olas Blvd. Ft. Lauderdale, Florida 33301-2229 Tel: [phone] / Fax: [phone] Attorneys for Defendant Publix Supermarkets, Inc.

JOHN B. T. MURRAY, JR. ROLANDO ANDRES DIAZ [e-mail] [e-mail] Squire, Sanders & Dempsey LLP MARIA KAYANAN 1900 Phillips Point West [e-mail] 777 South Flagler Drive - #1900 CASSIDY YEN DANG [e-mail] West Palm Beach, Florida 33401 Tel: [phone] / Fax: [phone] Kubicki Draper, P.A. Attorneys for Defendants Petco Animal Supplies, 25 West Flagler Street - Penthouse Miami, Florida 33130 Inc. and Wal-Mart Stores, Inc. 13 CASE NO. 07-21221 ALTONAGA/Turnoff
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Tel: [phone] / Fax: [phone] Attorneys for Defendant Pet Supermarket, Inc. ROBIN LEA HANGER MICHAEL K. KENNEDY [e-mail] [e-mail] Squire, Sanders & Dempsey, LLP MICHAEL R. ROSS 200 S. Biscayne Boulevard ­ 40th Floor [e-mail] Miami, Florida 33131-2398 Gallagher and Kennedy, PA Tel: [phone] / Fax: [phone] E. Camelback Road - #1100 Attorneys for Defendants Petco Animal Supplies, Phoenix, Arizona 85016 Tel: [phone] / Fax: [phone] Inc. and Wal-Mart Stores, Inc. Attorneys for Defendant Petsmart, Inc.

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ALEXANDER SHAKNES [e-mail] AMY W. SCHULMAN [e-mail] DLA PIPER US LLP 1251 Avenue of the Americas New York, New York 10020-1104 Tel: [phone] / Fax: [phone] Attorneys for Menu Foods Income Fund and Menu Foods, Inc. WILLIAM C. MARTIN [e-mail] DLA PIPER US LLP 203 North LaSalle Street - #1900 Chicago, Illinois 60601-1293 Tel: [phone] / Fax: [phone] Attorneys for Menu Foods Income Fund and Menu Foods, Inc.

RALPH G. PATINO [e-mail] DOMINICK V. TAMARAZZO [e-mail] CARLOS B. SALUP [e-mail] Patino & Associates, PA 225 Alcazar Avenue Coral Gables, Florida 33134 Tel: [phone] / Fax: [phone] Attorneys for Pet Supplies "Plus" and Pet Supplies Plus/USA, Inc. C. RICHARD FULMER, JR. [e-mail] Fulmer Leroy Albee Baumann & Glass, PLC 2866 East Oakland Park Boulevard Fort Lauderdale, FL 33306 Tel: [phone] / Fax: [phone] Attorneys for The Kroger Co. JAMES K. REUSS, ESQ. [e-mail] Lane Alton & Horst, LLC Two Miranova Place, Suite 500 Columbus, Ohio 43215 Tel: [phone] Attorneys for The Kroger Co.

ROBERT A. VALEDEZ [e-mail] JAVIER T. DURAN [e-mail] Shelton & Valadez 600 Navarro, Suite 500 San Antonio, RX 78205 Tel: [phone] / Fax: [phone] Attorneys for H.E. Butt Grocery Company

CRAIG KALIL [e-mail] Aballi Milne Kalil & Escagedo, PA 2250 Sun Trust International Center One SE 3rd Avenue Miami, Florida 33131 Tel: [phone] / Fax: [phone] Attorneys for Albertson's LLC and New Albertson's, Inc.

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MARCOS DANIEL JIMENEZ [e-mail] ROBERT J. ALWINE [e-mail] Kenny Nachwalter, PA 201 South Biscayne Boulevard 1100 Miami Center Miami, Florida 33131-4327 Tel: [phone] / Fax: [phone] Attorneys for Safeway Inc. and The Stop and Shop Supermarket Company, LLC

JASON JOFFE [e-mail] Squire Sanders & Dempsey, LLP 200 South Biscayne Boulevard Suite 4000 Miami, Florida 33131 Tel: [phone] / fax: [phone] Attorneys for Meijer, Inc.

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