Blaszkowski et al v. Mars Inc. et al

Filing 428

MOTION to Compel the Depositions of Plaintiffs and Incorporated Memorandum of Law by Mars Petcare US, Inc., Mars Inc.. Responses due by 8/7/2008 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X)(Ortega, Omar)

Blaszkowski et al v. Mars Inc. et al

Doc. 428 Att. 10

EXHIBIT J

Dockets.Justia.com

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION Case 07-21221-CIV-ALTONAGA RENEE BLASZKOWSKI, AMY HOLLUB and PATRICIA DAVIS, individually and on behalf of others similarly situated, Plaintiffs,

8 MIAMI, FLORIDA 9 vs. 10 MAY 23, 2008 11 12 13 14 15 16 APPEARANCES, 17 FOR THE PLAINTIFFS: 18 19 20 21 22 23 24 25
TOTAL ACCESS COURTROOM REALTIME TRANSCRIPTION May 23, 2008

MARS, INC., et al., Defendants. _______________________________________________________________ TRANSCRIPT OF MOTION HEARING BEFORE THE CECILIA M. ALTONAGA, UNITED STATES DISTRICT JUDGE

CATHERINE J. MacIVOR, ESQ. BJORG EIKELAND, ESQ. JEFFREY B. MALTZMAN, ESQ. Maltzman Foreman, P.A. One Biscayne Tower 2 South Biscayne Boulevard, Ste. 2300 Miami, FL 33131 - 305.358.6555 Email: [e-mail] [e-mail]

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they have asked for in discovery, which is what Your Honor ruled at the motion to dismiss that that would be discoverable. They have asked for receipts going back four years. plaintiffs are doing that now, as we speak. My

They have asked

for every food they have ever purchased, where they purchased it. That will be produced in June. They'll have it well They're

before.

I have already with this deposition schedule.

not being hoodwinked in any way. defendants are doing right now.

I'm not trying to do what the

I'm saying "I will provide you every food they purchased during that time period, during the relevant time period, where they purchased it, to the best of their memory," and the receipts, I'm giving them the vet records. This is not -- which, by the way, on our part it is not -- they have also asked for every website they have ever looked at. They want to know far more. This is not just a

one-sided thing here. other side as well.

The defense has gone way over on the

We're willing to give them that. prepared for the plaintiffs' depositions.

We want them to be All I'm saying is we My plaintiffs

would like to be able to be prepared as well. know what they relied on.

In the tenor and spirit of the Federal Rules I am entitled to discovery of what their advertising and marketing materials say because I know for a fact that their marketing

May 23, 2008