Blaszkowski et al v. Mars Inc. et al

Filing 606

NOTICE by Natura Pet Products, Inc. of Filing Evidentiary Objection to the Declaration of Jeffrey B. Maltzman (York, Jeffrey)

Blaszkowski et al v. Mars Inc. et al

Doc. 606

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO. 07-21221-CIV-ALTONAGA/BROWN RENEE BLASZKOWSKI, et al., individually and on behalf of others similarly situated, Plaintiffs, vs. MARS, INCORPORATED, et al., Defendants. ___________________________________/ EVIDENTIARY OBJECTION BY NATURA PET PRODUCTS, INC. TO THE DECLARATION OF JEFFREY B. MALTZMAN Natura Pet Products, Inc. ("Natura") hereby objects to the Declaration of Jeffrey B. Maltzman executed on January 16, 2009 ("Maltzman Declaration").1 Natura's specific objection is as follows: 1. In additional to attorney Cathy MacIvor, many of our firm's attorneys have handled previous class actions, including the undersigned counsel serving as lead defense counsel in two class actions with allegations of hundred plus million dollar exposure before this honorable court (Gall v Princess Cruises and Pinto v Princess Cruises). Both Pinto and Gall resulted in class certification being granted and settlements achieved that expeditiously resolved the claims of the class members and all parties. [Declaration of Jeffrey B. Maltzman at ¶6.] Natura objects to the prior excerpt as irrelevant (FRE 402). Mr. Maltzman's experience as a class action defense counsel where the classes were certified by stipulation does not tend to show that Maltzman Foreman is qualified to serve as plaintiffs' class counsel here.

The Maltzman Declaration indicates it was signed in the year 2007. Natura assumes this to be a typographical error and the actual year it was signed was 2009.

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Dockets.Justia.com

RULE 7.1 CERTIFICATE Prior to filing this objection, Natura's counsel, Kristen E. Caverly and Robert C. Mardian III, conferred with the plaintiffs in a good faith effort to resolve the issues raised in the motion. After conferring with the plaintiffs, they refused to withdraw the items Natura seeks to strike. McGUIREWOODS LLP By: s/Jeffrey S. York Jeffrey S. York Florida Bar No. 0987069 Michael M. Giel Florida Bar No. 0017676 50 N. Laura Street, Suite 3300 Jacksonville, Florida 32202 [phone] [phone] (fax) [e-mail] [e-mail]

and HENDERSON, CAVERLY, PUM & CHARNEY LLP Kristen E. Caverly Admitted Pro Hac Vice Robert C. Mardian III Admitted Pro Hac Vice Post Office Box 9144 Rancho Sante Fe, California 92067 [phone] [phone] (fax) [e-mail] [e-mail] ATTORNEYS AND TRIAL COUNSEL FOR DEFENDANT NATURA PET PRODUCTS, INC.

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on January 27, 2009, I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system which will send a notice of electronic filing to the counsel so indicated on the attached Service List. s/Jeffrey S. York Attorney

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CERTIFICATE OF SERVICE RENEE BLASZKOWSKI, ET AL., VS. MARS, INCORPORATED, ET AL. Case No. 1:07-21221-CIV-ALTONAGA/TURNOFF SERVICE LIST

Catherine J. MacIvor, Esquire Jeffrey Eric Foreman, Esquire Jeffrey Bradford Maltzman, Esquire Darren W. Friedman, Esquire Bjorg Eikeland MALTZMAN FOREMAN PA One Biscayne Tower 2 South Biscayne Boulevard, Suite 2300 Miami, FL 33131-1803 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] Attorneys for Plaintiffs Patrick N. Keegan, Esquire Jason E. Baker, Esquire Ed Nield, Esquire KEEGAN & BAKER, LLP 4370 La Jolla Village Drive, Suite 640 San Diego, CA 92122 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Attorneys for Plaintiffs

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