Hohenberg v. Ferrero USA, Inc Featured Case

A California mother filed this class-action lawsuit against the maker of Nutella, Ferrero USA, Inc., claiming that she was deceived into buying the spread while searching for "a healthy snack or breakfast alternative for her household." She claims that she only learned "through friends what ingredients where in Nutella," and "was shocked to learn" that it "was the next best thing to a candy bar." She seeks an order preventing Ferrerro from marketing Nutella as "healthy," "balanced nutrition," and other similar advertising phrases.

Plaintiff: Laura Rude-Barbato and Athena Hohenberg
Defendant: Ferrero USA, Inc
 
Case Number: 3:2011cv00205
Filed: February 1, 2011
 
Court: California Southern District Court
Office: San Diego Office
County: San Diego
Referring Judge: Cathy Ann Bencivengo
Presiding Judge: Marilyn L. Huff
 
Nature of Suit: Other Statutory Actions
Cause of Action: 28:1331
Jury Demanded By: Plaintiff

Docket Report

We have record of the following docket entries for this case
Date Filed#Document Text
December 3, 2012 154 Featured Case ORDER denying 145 Motion to Vacate Final Approval of Class Settlement. Signed by Judge Marilyn L. Huff on 12/03/2012. (All non-registered users served via U.S. Mail Service)(ag) (jrl).
November 28, 2012 153 Featured Case ORDER: Motion Submitted re 145 MOTION to Vacate Judgment and for Indicative Ruling. The Motion Hearing set for 12/03/2012 is vacated. Signed by Judge Marilyn L. Huff on 11/28/2012.(ag) (jrl).
November 28, 2012 152 REPLY to Response to Motion re 145 MOTION to Vacate Judgment and for Indicative Ruling filed by Courtney Drey, Andrea Pridham. (Pridham, Grenville)(ag).
November 19, 2012 151 RESPONSE in Opposition re 145 MOTION to Vacate Judgment and for Indicative Ruling filed by Athena Hohenberg, Laura Rude-Barbato. (Attachments: # 1 Declaration of Jack Fitzgerald in Opposition to Non-Party Objectors' Motion to Vacate, # 2 Proof of Service)(Fitzgerald, John) (ag).
November 9, 2012 150 Featured Case ORDER denying 140 Motion for an Appeal Bond. Signed by Judge Marilyn L. Huff on 11/09/2012. (All non-registered users served via U.S. Mail Service)(ag) (jrl).
November 8, 2012 149 RESPONSE in Opposition re 140 MOTION for Order Imposing Appeal Bond filed by Michael E. Hale. NUNC PRO TUNC 11/07/2012 (ag)
November 8, 2012 148 Notice of Document Discrepancies by Judge Marilyn L. Huff Accepting Document: Objector Response in Opposition to Motion for Appeal Bond from Michael E. Hale. Non-compliance with local rule(s), OTHER: Issue is whether to post appeal bond. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received. Signed by the chambers of Marilyn L. Huff.(All non-registered users served via U.S. Mail Service)(ag)
November 6, 2012 147 Reply in Support re 140 MOTION for Order Imposing Appeal Bond filed by Athena Hohenberg, Laura Rude-Barbato. (Attachments: # 1 Declaration of Jack Fitzgerald in Further Support of Motion for Appeal Bond, # 2 Proof of Service)(Fitzgerald, John) (ag).
November 5, 2012 146 CERTIFICATE of Counsel re 145 MOTION to Vacate Judgment and for Indicative Ruling Certificate of Service by Grenville Thomas Pridham on behalf of Courtney Drey, Andrea Pridham (Pridham, Grenville) (ag).
November 5, 2012 145 MOTION to Vacate Judgment and for Indicative Ruling by Courtney Drey, Andrea Pridham. (Attachments: # 1 Memo of Points and Authorities Motion to Vacate Judgment, # 2 Exhibit Ex A - Order in Unilever case, # 3 Exhibit Ex B - Order in Yelp case, # 4 Exhibit Ex C - Judge Whelan Order re Weston)(Pridham, Grenville) (ag).
October 30, 2012 144 Amended Certificate of Service by Athena Hohenberg, Laura Rude-Barbato. Amendment to 140 MOTION for Order Imposing Appeal Bond (Attachments: # 1 Proof of Service)(Fitzgerald, John) (ag).
October 29, 2012 143 TRANSCRIPT DESIGNATION AND ORDERING FORM by Michael E. Hale for proceedings held on 7/9/2012 re 133 Notice of Appeal to 9th Circuit. (akr)
October 29, 2012 142 RESPONSE in Opposition re 140 MOTION for Order Imposing Appeal Bond filed by Courtney Drey, Andrea Pridham. (Pridham, Grenville) (ag).
October 25, 2012 141 Featured Case ORDER: Motion Submitted re 140 MOTION for Order Imposing Appeal Bond. The Motion Hearing set for 11/13/2012 is vacated. Signed by Judge Marilyn L. Huff on 10/25/2012.(All non-registered users served via U.S. Mail Service)(ag) (jrl).
October 11, 2012 140 MOTION for Order Imposing Appeal Bond by Athena Hohenberg, Laura Rude-Barbato. (Attachments: # 1 Memo of Points and Authorities in Support of Motion for Appeal Bond, # 2 Declaration of Jack Fitzgerald, # 3 Declaration of Charlene Young, # 4 Proof of Service)(Fitzgerald, John) (ag).
September 5, 2012 139 Featured Case ORDER of USCA as to 133 Notice of Appeal, filed by Michael E. Hale, 129 Notice of Appeal, filed by Andrea Pridham, Courtney Drey. The USCA sua sponte consolidates these appeals. Appeal Nos. 12-56469 and 12-56478 are consolidated. The briefing schedules established previously shall continue to govern these appeals. All parties on a side are encouraged to join in a single brief to the greatest extent practicable. (akr)
September 4, 2012 138 Featured Case ORDER granting 137 Motion to Withdraw as Attorney. Attorney Maggie K. Realin terminated. Signed by Judge Marilyn L. Huff on 09/04/2012. (All non-registered users served via U.S. Mail Service)(ag)
August 31, 2012 137 Ex Parte MOTION to Withdraw as Attorney Maggie Realin by Athena Hohenberg, Laura Rude-Barbato. (Attachments: # 1 Proof of Service)(Marron, Ronald) (ag).
August 27, 2012 136 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Fairness Hearing/Motion Hearing) held on 7/9/2012, before Judge Marilyn L. Huff. Court Reporter/Transcriber: Echo Reporting. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/17/2012. Redacted Transcript Deadline set for 9/27/2012. Release of Transcript Restriction set for 11/26/2012. (All non-registered users served via U.S. Mail Service. Notice of electronic filing only.) (akr)
August 9, 2012 135 USCA Time Schedule Order as to 133 Notice of Appeal, filed by Michael E. Hale. (NOTICE TO PARTIES of deadlines regarding appellate transcripts: Appellant shall file transcript designation and ordering form with the US District Court (see attached), provide a copy of the form to the court reporter, and make payment arrangements with the court reporter on or by 9/6/2012 (see Ninth Circuit Rule 10-3.1); Due date for filing of transcripts in US District Court is 10/9/2012.) (cc: Court Reporter). (A Transcript Designation and Ordering Form is being mailed to Objector-Appellant). (akr)
August 9, 2012 134 USCA Case Number 12-56478 for 133 Notice of Appeal, filed by Michael E. Hale. (akr)
August 9, 2012 133 NOTICE OF APPEAL as to 127 Final Judgment and Order Approving Settlement and Dismissing Claims of Class Members with Prejudice and granting Plaintiff's Motion for Attorney Fees, by Michael E. Hale, Objector. (Filing fee $455, receipt no. CAS041559.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (akr)
August 9, 2012 132 USCA Time Schedule Order as to 129 Notice of Appeal, filed by Andrea Pridham, Courtney Drey. (NOTICE TO PARTIES of deadlines regarding appellate transcripts: Appellant shall file transcript designation and ordering form with the US District Court (see attached), provide a copy of the form to the court reporter, and make payment arrangements with the court reporter on or by 9/6/2012 (see Ninth Circuit Rule 10-3.1); Due date for filing of transcripts in US District Court is 10/9/2012.) (cc: Court Reporter). (Attachments: # 1 Transcript Designation and Ordering Form). (akr)
August 9, 2012 131 USCA Case Number 12-56469 for 129 Notice of Appeal, filed by Andrea Pridham, Courtney Drey. (akr)
August 7, 2012 130 AMENDED NOTICE OF APPEAL as to 127 Final Judgment and Order Approving Settlement and Dismissing Claims of Class Members with Prejudice and granting Plaintiff's Motion for Attorney Fees, by Courtney Drey, Andrea Pridham, Objectors. (Filing fee paid with filing of 129 Notice of Appeal.) (Pridham, Grenville). Modified on 8/7/2012 to edit docket text to reflect title of pleading, to link to order being appealed, and to add docket text re payment of fees. Amended Notice of Appeal electronically transmitted to US Court of Appeals. (akr).
August 7, 2012 129 NOTICE OF APPEAL as to 127 Final Judgment and Order Approving Settlement and Dismissing Claims of Class Members with Prejudice and granting Plaintiff's Motion for Attorney Fees, by Courtney Drey, Andrea Pridham, Objectors. (Filing fee $ 455 receipt number 0974-5020137.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (Pridham, Grenville). Modified on 8/7/2012 to edit docket text re order being appealed and to add text noting the party designation of the filers. (akr).
July 9, 2012 128 Minute Entry for proceedings held before Judge Marilyn L. Huff: Motion Hearing held on 7/9/2012. The Court grants the 114 MOTION for Settlement Motion for Final Approval of Class Action Settlement and grants the MOTION for Attorney Fees Motion for Attorneys' Fees, Costs, and Incentive Awards filed by Laura Rude-Barbato, Athena Hohenberg. The Court will issue a written order. (ECR Lynnette Lawrence). (Plaintiff Attorney Jack Fitzgerald; Ronald Marron; Maggie Realin; Gregory S. Weston). (Defendant Attorney Dale Richard Bish). (Class Member Attorney Grenville Pridham). (no document attached) (smy)
July 9, 2012 127 Final Judgment and Order Approving Settlement and Dismissing Claims of Class Members with Prejudice and granting Plaintiff's 114 Motion for Attorney Fees. Signed by Judge Marilyn L. Huff on 07/09/2012. (ag) (av1).
July 2, 2012 126 RESPONSE re 124 Objection, 123 Objection, Defendant Ferrero U.S.A., Inc.'s Response to Objections filed by Ferrero USA, Inc. (Attachments: # 1 Declaration Dale R. Bish, # 2 Exhibit A to Declaration of Dale R. Bish, # 3 Exhibit B to Declaration of Dale R. Bish, # 4 Proof of Service)(Bish, Dale) (ag).
July 2, 2012 125 RESPONSE re 124 Objection, 123 Objection, filed by Athena Hohenberg, Laura Rude-Barbato. (Attachments: # 1 Declaration of Jack Fitzgerald in Support of Plaintiffs' Response to Objections, # 2 Proof of Service)(Fitzgerald, John) (ag).
June 8, 2012 124 OBJECTION re 114 MOTION for Settlement Motion for Final Approval of Class Action Settlement MOTION for Attorney Fees Motion for Attorneys' Fees, Costs, and Incentive Awards (ag)
June 8, 2012 123 OBJECTION by Courtney Drey, Andrea Pridham . (Attachments: # 1 Declaration Exhibit A, # 2 Declaration Exhibit B, # 3 Declaration Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit F, # 6 Exhibit Exhibit G)(Pridham, Grenville) (ag).
May 29, 2012 120 Featured Case ORDER granting 116 Motion to File Documents Under Seal. Signed by Judge Marilyn L. Huff on 5/29/2012. (leh)
May 25, 2012 119 CERTIFICATE OF SERVICE by Athena Hohenberg, Laura Rude-Barbato re 117 Sealed Lodged Proposed Document, 114 MOTION for Settlement Motion for Final Approval of Class Action Settlement MOTION for Attorney Fees Motion for Attorneys' Fees, Costs, and Incentive Awards, 115 Notice (Other), 118 Sealed Lodged Proposed Document, 116 MOTION to File Documents Under Seal (Fitzgerald, John) (ag).
May 25, 2012 118 [FILED AS SEALED DOCUMENT ON 5/29/2012] - SEALED LODGED Proposed Document re: 116 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Fitzgerald, John)(leh). Modified on 5/29/2012 to add file date to lodgment (leh).
May 25, 2012 117 [FILED AS SEALED DOCUMENT ON 5/29/2012] - SEALED LODGED Proposed Document re: 116 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Fitzgerald, John) (leh). Modified on 5/29/2012 to add file date to lodgment(leh).
May 25, 2012 116 MOTION to File Documents Under Seal (Fitzgerald, John) (leh).
May 25, 2012 115 NOTICE by Athena Hohenberg, Laura Rude-Barbato of Manual Filing of Unredacted Versions of Memoranda in Support of Motion for Final Settlement Approval and Motion for Attorneys' Fees, Costs, and Incentive Awards (Attachments: # 1 Application to File Under Seal)(Fitzgerald, John) (ag).
May 25, 2012 114 MOTION for Settlement Motion for Final Approval of Class Action Settlement, MOTION for Attorney Fees Motion for Attorneys' Fees, Costs, and Incentive Awards by Athena Hohenberg, Laura Rude-Barbato. (Attachments: # 1 Memo of Points and Authorities in Support of Motion for Final Settlement Approval (Redacted Version), # 2 Memo of Points and Authorities in Support of Motion for Approval of Attorneys' Fees, Costs, and Incentive Awards (Redacted Version), # 3 Declaration of Ronald A. Marron, # 4 Declaration of Jack Fitzgerald, # 5 Declaration of Athena Hohenberg, # 6 Declaration of Laura Rude-Barbato, # 7 Affidavit of Charlene Young)(Fitzgerald, John) (ag).
April 13, 2012 113 NOTICE of Change of Address by Ronald Marron (Attachments: # 1 Proof of Service)(Marron, Ronald) Emailed attorney regarding signature (ag).
March 21, 2012 112 Featured Case TRANSFER ORDER: This case is transferred from the calendar of the Honorable Mitchell Dembin to the calendar of the Honorable Karen Crawford for all further proceedings. All discovery deadlines remain unchanged. All conference or hearing dates set before Magistrate Judge Dembin, if any, are vacated and will be rescheduled before Magistrate Judge Crawford. Any dates set before any district judge remain unchanged. The new case number is 11cv205 H (KSC). Signed by Magistrate Judge Mitchell D. Dembin on 3/21/12.(lmt)
March 13, 2012 111 NOTICE of Change of Address by Maggie K. Realin (Attachments: # 1 Proof of Service)(Realin, Maggie) (ag).
March 13, 2012 110 NOTICE of Change of Address by Beatrice Skye Resendes (Attachments: # 1 Proof of Service)(Resendes, Beatrice) (ag).
February 13, 2012 109 Featured Case TRANSFER ORDER: Judge Cathy Ann Bencivengo is no longer assigned to the case and Judge Mitchell D. Dembin is now assigned for all further proceedings. All ENE, MSC or other settlement conferences, and all scheduling and discovery hearings set before Judge Bencivengo, if any, are Vacated. Counsel will contact the Chambers of Judge Dembin, to reschedule any such conferences or hearings within five days of the entry of this order. All other dates, and any dates set before any district judge remain unchanged. The new case number is 11CV0205-H-MDD. Signed by Judge Cathy Ann Bencivengo on 2/13/12.(ecs)(jrl).
January 23, 2012 108 Featured Case ORDER granting 105 Joint Motion for Preliminary Approval of Settlement. A Fairness Hearing is set for 7/9/2012 at 10:30 AM in Courtroom 13 before Judge Marilyn L. Huff. Signed by Judge Marilyn L. Huff on 01/23/2012. (ag) (jrl). (Main Document 108 replaced on 1/25/2012) (ag).
January 19, 2012 107 Declaration of Gregory S. Weston in Support of Joint Ex Parte Application for Preliminary Approval of Settlement by Athena Hohenberg, Laura Rude-Barbato. (Attachments: # 1 Declaration, # 2 Proof of Service)(Weston, Gregory) (ag).
January 19, 2012 106 Memorandum of Points and Authorities in Support of Joint Ex Parte Application for Preliminary Approval of Settlement by Athena Hohenberg, Laura Rude-Barbato. (Weston, Gregory) (ag).
January 19, 2012 105 Joint Ex Parte MOTION for Order Granting Preliminary Approval of Settlement by Athena Hohenberg, Laura Rude-Barbato. (Weston, Gregory) (ag).
January 3, 2012 104 Featured Case ORDER granting 103 Motion to Continue Deadline to File Motion for Preliminary Approval of Settlement. Signed by Magistrate Judge Cathy Ann Bencivengo on 01/03/2012. (ag)(jrd)
January 2, 2012 103 Joint MOTION to Continue Deadline for Joint Motion for Preliminary Approval by Athena Hohenberg, Laura Rude-Barbato. (Attachments: # 1 Proof of Service)(Weston, Gregory) Modified on 1/3/2012 to correct motion and docket text (ag).
December 21, 2011 102 Featured Case ORDER granting 101 Ex Parte Application to Withdraw as Attorney as to Plaintiffs and the Certified Class. Attorney Margarita Salazar terminated from case. Signed by Judge Marilyn L. Huff on 12/21/11. (cge)(jrd)
December 20, 2011 101 Ex Parte MOTION to Withdraw as Attorney of Record Margarita Salazar for Plaintiffs Athena Hohenberg and Laura Rude-Barbato by Athena Hohenberg, Laura Rude-Barbato. (Attachments: # 1 Proof of Service)(Marron, Ronald) (ecs).
December 16, 2011 100 Featured Case ORDER granting 98 Motion to Continue Deadline to File Motion for Preliminary Approval of Settlement. The deadline is continued from 12/19/2011 to 01/05/2012. Signed by Magistrate Judge Cathy Ann Bencivengo on 12/15/2011. (ag)(jrd)
December 15, 2011 99 NOTICE of Appearance by Beatrice Skye Resendes on behalf of Athena Hohenberg, Laura Rude-Barbato (Attachments: # 1 Proof of Service)(Resendes, Beatrice) (ag).
December 14, 2011 98 Joint MOTION to Continue Deadline for Filing of Motion for Preliminary Approval of Settlement by Athena Hohenberg, Laura Rude-Barbato. (Attachments: # 1 Proof of Service)(Weston, Gregory) (ag).
November 28, 2011 97 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: A Mandatory Settlement Conference was held on 11/28/2011. The parties reached a settlement agreement and will submit a joint motion for preliminary approval of the class settlement no later than December 19, 2011. (bfg)
November 18, 2011 96 MINUTE ORDER setting Case Management Conference and Mandatory Settlement Conference for 11/28/2011 02:00 PM before Magistrate Judge Cathy Ann Bencivengo.(jpp)(jrl). Modified on 11/21/2011 to add to docket text Mandatory Settlement Conference (ag).
November 15, 2011 95 Featured Case ORDER granting 51 Motion for Class Certification. The Court concludes that Plaintiffs have met their burden of demonstrating that the requirements of the Federal Rule of Civil Procedure 23 are satisfied, and certifies the following class: all persons who, on or after August 1, 2009, bought one or more Nutella products in the state of California for their own or household use rather than resale or distribution. The Court appoints Lead Plaintiffs Athena Hohenberg and Laura Rude-Barbato as class representatives. The Court appoints the Weston Firm and the Law Offices of Ronald A. Marron, APLC as class counsel. Signed by Judge Marilyn L. Huff on 11/14/2011. (ag) (jrl).
November 9, 2011 94 RESPONSE TO SUPPLEMENTAL BRIEFING by Ferrero USA, Inc re 92 Supplemental Briefing Pursuant to Order at Hearing. (Attachments: # 1 Proof of Service)(Eggleton, Keith)(ag).
November 8, 2011 93 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motion Hearing) held on 11/7/2011, before Judge Marilyn L. Huff. Court Reporter/Transcriber: Echo Reporting. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 11/29/2011. Redacted Transcript Deadline set for 12/9/2011. Release of Transcript Restriction set for 2/6/2012. (akr)
November 7, 2011 92 SUPPLEMENTAL BRIEFING by Plaintiffs Athena Hohenberg, Laura Rude-Barbato re 51 MOTION for Class Certification Pursuant to Order at Hearing. (Attachments: # 1 Proof of Service)(Fitzgerald, John) (ag).
November 7, 2011 91 Minute Order. for proceedings held before Judge Marilyn L. Huff:Counsel withdraws 89 Motion to Strike. Court submits 51 Motion for Class Certification. Court will issue written order. (ECR Lynnette Lawrence). (Plaintiff Attorney John Fitzgerald and Ronald Marron).(Defendant Attorney Dale Bish and Keith Eggleton). (pdc)
November 3, 2011 90 RESPONSE in Opposition re 89 MOTION to Strike filed by Athena Hohenberg, Laura Rude-Barbato. (Attachments: # 1 Proof of Service)(Weston, Gregory) (ag).
October 27, 2011 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).
October 24, 2011 87 Featured Case ORDER granting 84 Motion to File Documents Under Seal. Signed by Judge Marilyn L. Huff on 10/24/2011. (leh)
October 21, 2011 86 CERTIFICATE OF SERVICE by Athena Hohenberg, Laura Rude-Barbato re 83 Response in Support of Motion,, 84 MOTION to File Documents Under Seal, 85 Sealed Lodged Proposed Document (Fitzgerald, John) (ag).
October 21, 2011 85 [FILED AS SEALED DOCUMENT ON 10/24/2011] - SEALED LODGED Proposed Document re: 84 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Fitzgerald, John)(leh). Modified on 10/25/2011 to add file date of lodgment (leh).
October 21, 2011 84 MOTION to File Documents Under Seal (With attachments)(Fitzgerald, John) Modified on 10/21/2011 atty contacted re: proposed orders not e-filed(leh).
October 21, 2011 83 RESPONSE in Support re 51 MOTION for Class Certification filed by Athena Hohenberg, Laura Rude-Barbato. (Attachments: # 1 Declaration of Melanie Persinger in Support of Motion for Class Certification, # 2 Exhibit 1 (Redacted excerpts from Deposition Transcript of Connie Evers), # 3 Exhibit 1 (Redacted excerpts from Deposition Transcript of Bernard Kreilmann, # 4 Exhibit 3 (Ferrero Response to Interrogatory No. 4), # 5 Exhibit 4 (Aspen Logistics Item # 89371), # 6 Exhibit 5 (Multi-State Conflicts Analysis))(Fitzgerald, John) (ag).
October 21, 2011 82 Order Following ENE. An Early Neutral Evaluation Conference was held on 10/19/2011. The parties are directed to contact Chambers within three days of receiving an order on the motion for class certification to schedule a case management conference to set further dates in this case. Signed by Magistrate Judge Cathy Ann Bencivengo on 10/20/2011.(ag)(jrd)
October 19, 2011 81 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: An Early Neutral Evaluation Conference was held on 10/19/2011. Order to follow. (bfg) Modified on 10/21/2011 to correct filing date (lmh).
October 12, 2011 80 Featured Case ORDER denying 77 Ex Parte Motion to Manually File Exhibits. Signed by Judge Marilyn L. Huff on 10/12/2011. (ag)(jrl).
October 11, 2011 78 Featured Case ORDER granting 73 Defendant's Motion to File Documents Under Seal. Signed by Judge Marilyn L. Huff on 10/11/11. (lmt)
October 11, 2011 77 Ex Parte MOTION for Leave to File Manual Exhibits by Ferrero USA, Inc. (Attachments: # 1 Proof of Service)(Marquez, Edmundo) (ag).
October 10, 2011 76 RESPONSE in Opposition re 51 MOTION for Class Certification filed by Ferrero USA, Inc. (Attachments: # 1 Declaration Bernard Kreilmann, # 2 Declaration Karl Krohn, # 3 Declaration Amir Steinhart, # 4 Exhibit 1-Steinhart Declaration, # 5 Exhibit 2-Steinhart Declaration, # 6 Exhibit 3-Steinhart Declaration, # 7 Exhibit 4-Steinhart Declaration, # 8 Exhibit 5-Steinhart Declaration, # 9 Exhibit 6-Steinhart Declaration, # 10 Proof of Service)(Eggleton, Keith) (ag).
October 10, 2011 75 CERTIFICATE OF SERVICE by Ferrero USA, Inc re 73 MOTION to File Documents Under Seal (Eggleton, Keith) (ag).
October 10, 2011 74 [Filed as Sealed Document on 10/11/11] - SEALED LODGED Proposed Document re: 73 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Eggleton, Keith) (lmt). (Main Document 74 replaced on 10/11/2011) (lmt). (Attachment 1 replaced on 10/11/2011) (lmt). Modified on 10/11/2011 (lmt).
October 10, 2011 73 MOTION to File Documents Under Seal (Eggleton, Keith) (atty contacted re cert of service) (lmt).
October 10, 2011 72 NOTICE of Appearance by Courtland W Creekmore on behalf of Athena Hohenberg, Laura Rude-Barbato (Attachments: # 1 Proof of Service)(Creekmore, Courtland) (ag).
September 13, 2011 71 Featured Case ORDER: An Early Neutral Evaluation is set for 10/19/2011 at 10:00 AM before Magistrate Judge Cathy Ann Bencivengo. Signed by Magistrate Judge Cathy Ann Bencivengo on 09/13/2011.(ag) (jrl).
September 12, 2011 70 ANSWER to 45 Amended Complaint Ferrero U.S.A., Inc.'s Answer to Plaintiffs' First Amended Consolidated Complaint by Ferrero USA, Inc. (Attachments: # 1 Proof of Service)(Eggleton, Keith) (ag).
August 29, 2011 69 Featured Case ORDER denying 48 Motion to Dismiss. Signed by Judge Marilyn L. Huff on 08/29/2011. (ag)(jrd)
August 29, 2011 68 Minute Entry for proceedings held before Judge Marilyn L. Huff: Motion Hearing held on 8/29/2011 re 48 MOTION to Dismiss First Amended Consolidated Complaint filed by Ferrero USA, Inc - Denied. Motion Hearing re [51-1] MOTION for Class Certification reset for 11/7/2011 10:30 AM in Courtroom 13 before Judge Marilyn L. Huff. Parties to meet and confer re briefing schedule.(ECR Lynnette Lawrence). (Plaintiff Attorney Ronald Marron, Melanie Rae Persinger, Gregory Weston). (Defendant Attorney Colleen Bal). (tlm)
August 22, 2011 67 REPLY to Response to Motion re 48 MOTION to Dismiss First Amended Consolidated Complaint Ferrero U.S.A., Inc.'s Reply to Plaintiffs' Opposition to Defendant's Motion to Dismiss First Amended Consolidated Complaint filed by Ferrero USA, Inc. (Attachments: # 1 Proof of Service)(Bal, Colleen) (ag).
August 17, 2011 65 Featured Case ORDER granting 57 Motion to File Documents Under Seal. Signed by Judge Marilyn L. Huff on 8/17/2011. (leh)(jrd)
August 17, 2011 64 NOTICE of Change of Address by Gregory S. Weston (Weston, Gregory) (ag).
August 16, 2011 63 NOTICE of MDL Filing: Order Denying Transfer (kaj)
August 15, 2011 62 CERTIFICATE OF SERVICE by Athena Hohenberg, Laura Rude-Barbato re 61 Response in Opposition to Motion (Fitzgerald, John)(mtb).
August 15, 2011 61 RESPONSE in Opposition re 48 MOTION to Dismiss First Amended Consolidated Complaint filed by Athena Hohenberg, Laura Rude-Barbato. (Fitzgerald, John) (lao).
August 15, 2011 60 CERTIFICATE OF SERVICE by Athena Hohenberg, Laura Rude-Barbato re 58 Sealed Lodged Proposed Document, 57 MOTION to File Documents Under Seal, 56 Supplemental Briefing, 59 Supplemental Document (Fitzgerald, John) (lao).
August 15, 2011 59 SUPPLEMENTAL DOCUMENT re 56 Supplemental Briefing: Exhibit 2 to the Corrected Declaration of Gregory S. Weston in Support of Motion for Class Certification (Attachment 1 to Document 56) by Athena Hohenberg, Laura Rude-Barbato. (Fitzgerald, John) Modified on 8/16/2011 to clarify text; no certificate of service attached; supplemental documents require leave of court (lao).
August 15, 2011 58 [FILED AS SEALED DOCUMENT ON 8/17/2011] SEALED LODGED Proposed Document re: 57 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Fitzgerald, John)(leh). Modified on 8/18/2011 to add file date of lodgment (leh).
August 15, 2011 57 MOTION to File Documents Under Seal (With attachments)(Fitzgerald, John)(leh).
August 15, 2011 56 SUPPLEMENTAL BRIEFING by Plaintiffs Athena Hohenberg, Laura Rude-Barbato re 51 MOTION for Class Certification. (Attachments: # 1 Declaration Corrected Declaration of Gregory S. Weston in Support of Motion for Class Certification, # 2 Exhibit 5, # 3 Exhibit 6, # 4 Exhibit 7, # 5 Exhibit 8, # 6 Exhibit 9, # 7 Exhibit 10, # 8 Exhibit 11, # 9 Exhibit 12, # 10 Exhibit 18, # 11 Exhibit 19, # 12 Exhibit 20, # 13 Exhibit 21, # 14 Exhibit 23, # 15 Exhibit 25, # 16 Exhibit 27, # 17 Exhibit 28, # 18 Exhibit 29, # 19 Exhibit 31)(Fitzgerald, John) (lmt).
August 3, 2011 55 Featured Case ORDER denying 52 Motion to File Documents Under Seal. Signed by Judge Marilyn L. Huff on 8/3/2011. (leh) (jrl).
August 2, 2011 54 [Denied, as Per Order dated 8/3/2011] - SEALED LODGED Proposed Document re: 52 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Fitzgerald, John)(leh).
August 1, 2011 53 CERTIFICATE OF SERVICE by Athena Hohenberg, Laura Rude-Barbato re 51 MOTION to Certify Action as Class Action (Motion for Class Certification) MOTION to Certify Action as Class Action (Motion for Class Certification) MOTION to Certify Action as Class Action (Motion for Class Certification), 52 MOTION to File Documents Under Seal (Fitzgerald, John)(aef). Modified on 8/2/2011- QC email sent to atty re incorrect case name caption on document (aef).
August 1, 2011 52 MOTION to File Documents Under Seal (Fitzgerald, John)(leh).
August 1, 2011 51 MOTION for Class Certification by Athena Hohenberg, Laura Rude-Barbato. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Gregory S. Weston, # 3 REDACTED Exhibits to the Weston Declaration, # 4 Declaration of Jack Fitzgerald, # 5 Declaration of Ronald A. Marron)(Fitzgerald, John). Modified on 8/2/2011 - No proof of service. Email sent to Atty to file proof of service. Removed duplicate text (jah).
July 28, 2011 50 NOTICE of Appearance by Maggie K. Realin on behalf of Athena Hohenberg (Attachments: # 1 Proof of Service)(Realin, Maggie) (ag).
July 28, 2011 49 NOTICE of Appearance by Margarita Salazar on behalf of Athena Hohenberg (Attachments: # 1 Proof of Service)(Salazar, Margarita) (ag).
July 18, 2011 48 MOTION to Dismiss First Amended Consolidated Complaint by Ferrero USA, Inc. (Attachments: # 1 Memo of Points and Authorities, # 2 Proof of Service)(Bal, Colleen) (ag).
July 5, 2011 47 NOTICE of Appearance by Melanie Rae Persinger on behalf of Athena Hohenberg, Laura Rude-Barbato (Attachments: # 1 Proof of Service)(Persinger, Melanie) (ag).
July 5, 2011 46 CERTIFICATE OF SERVICE by Athena Hohenberg, Laura Rude-Barbato re 45 Amended Complaint (Fitzgerald, John) (ag).
July 3, 2011 45 First AMENDED COMPLAINT with Jury Demandagainst Ferrero USA, Inc, filed by Athena Hohenberg, Laura Rude-Barbato. (Fitzgerald, John) Emailed attorney to file a proof of service (ag).
July 1, 2011 44 NOTICE of Appearance by Gregory S. Weston on behalf of Athena Hohenberg, Laura Rude-Barbato (Attachments: # 1 Proof of Service)(Weston, Gregory) Emailed attorney to have Melanie Persinger file a notice of attorney appearance in order to be added to the case (ag).
June 30, 2011 43 Featured Case ORDER granting in part and denying in part 31 Motion to Dismiss. The Court grants Plaintiffs 30 days from the date of this order to amend or cure any deficienciesif they canin an amended consolidated complaint. Signed by Judge Marilyn L. Huff on 06/30/2011. (ag) (mam).
June 13, 2011 42 REPLY to Response to Motion re 30 MOTION to Dismiss Consolidated Complaint filed by Ferrero USA, Inc. (Bish, Dale) (ag).
June 6, 2011 41 Featured Case ORDER granting 40 Motion to Continue Hearing and Reply Briefing. Any reply to the Plaintiffs' opposition must be filed no later than 06/13/2011. Motion submitted re 31 Motion to Dismiss. The Motion Hearing set for 06/13/2011 is vacated. Signed by Judge Marilyn L. Huff on 06/06/2011. (ag) 1 (jrl).
June 1, 2011 40 Joint MOTION to Continue Hearing on Defendant's Motion to Dismiss by Athena Hohenberg, Laura Rude-Barbato. (Attachments: # 1 Proof of Service)(Weston, Gregory) (ag).
May 31, 2011 39 RESPONSE in Opposition re 30 MOTION to Dismiss Consolidated Complaint filed by Athena Hohenberg, Laura Rude-Barbato. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Fitzgerald, John) (ag).
May 19, 2011 38 REPORT of Rule 26(f) Planning Meeting. (Fitzgerald, John) (ag).
May 11, 2011 37 Featured Case ORDER denying without prejudice Motion to Transfer. Signed by Judge Marilyn L. Huff on 5/11/2011. (ag) (jrl).
May 9, 2011 36 REPLY to Response to Motion re 33 MOTION for Leave to File Under Seal filed by Ferrero USA, Inc. (Attachments: # 1 Proof of Service)(Bish, Dale) (ag).
May 4, 2011 34 Featured Case ORDER granting 33 Ex Parte Motion for Leave to File Under Seal. Signed by Judge Marilyn L. Huff on 05/04/2011. (ag)(jrl).
May 2, 2011 33 RESPONSE in Opposition re 19 MOTION for Change Venue filed by Athena Hohenberg, Laura Rude-Barbato. (Attachments: # 1 Declaration of Plaintiff Athena Hohenberg in Opposition to Ferrero's Motion for Transfer of Venue, # 2 Declaration of Plaintiff Laura Rude-Barbato in Opposition to Ferrero's Motion for Transfer of Venue, # 3 Declaration of Jack Fitzgerald in Opposition to Ferrero's Motion for Transfer of Venue, # 4 Unopposed Ex Parte Motion to File Documents Under Seal, # 5 Proof of Service)(Fitzgerald, John) (ag). Modified on 5/4/2011 to create motion (ag).
April 19, 2011 32 Featured Case ORDER granting 29 Motion for Protective Order. Signed by Magistrate Judge Cathy Ann Bencivengo on 04/18/2011. (ag) (jrl).
April 18, 2011 31 Corrected MOTION to Dismiss Consolidated Complaint by Ferrero USA, Inc. (Bish, Dale) Modified on 4/19/2011 to note that the memorandum of p's and a's and other attachments are in document no. 30 (ag).
April 18, 2011 30 MOTION to Dismiss Consolidated Complaint by Ferrero USA, Inc. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration Declaration of Amir Steinhart, # 3 Exhibit A - Nutella Product Label, # 4 Exhibit B-1 "About Nutella", # 5 Exhibit B-2 "Nutella Ingredients", # 6 Exhibit B-3 "Nutella Nutrition Facts", # 7 Exhibit B-4 "Nutella and Nutrition", # 8 Exhibit B-5 "Nutella Tips for Moms", # 9 Exhibit B-6 "Nutella Build Your Own Breakfast", # 10 Exhibit B-7 "Nutella Resources", # 11 Exhibit C Appendix F to FDA Food Labeling Guide, # 12 Proof of Service)(Bish, Dale) (ag).
April 15, 2011 29 Joint MOTION for Protective Order Joint Motion Requesting Entry of Protective Order by Ferrero USA, Inc. (Bish, Dale) (ag).
April 13, 2011 28 Featured Case Notice of Document Discrepancies and Order Thereon by Magistrate Judge Cathy Ann Bencivengo Rejecting Document: Joint Motion Requesting Entry of Protective Order from Defendant Ferrero USA, Inc. Non-compliance with local rule(s), ECF 2(h): Includes a proposed order or requires judges signature. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Magistrate Judge Cathy Ann Bencivengo on 04/13/201.(ag)(jrd)
April 8, 2011 27 DOCUMENT STRICKEN PER ORDER NO. 28 - Joint MOTION for Protective Order by Ferrero USA, Inc. (Attachments: # 1 Attachment A - Protective Order)(Bish, Dale) (ag). Modified on 4/13/2011 to term motion and note that the document is stricken (ag). (Main Document 27 replaced on 4/13/2011) (ag).
April 7, 2011 26 Featured Case ORDER Granting (Doc. 25 ) Joint Motion to Continue. The Court reschedules the hearing on (Doc. 19 ) Ferrero's motion to transfer to May 16, 2011 at 10:30 a.m. in Courtroom 13 before Judge Marilyn L. Huff. Any response in opposition must be filed no later than May 2, 2011. Any reply must be filed no later than May 9, 2011. Signed by Judge Marilyn L. Huff on 4/7/2011. (srm) (cap).
April 6, 2011 25 Joint MOTION to Continue May 2 Hearing to May 16 by Athena Hohenberg, Laura Rude-Barbato (Attachments: # 1 Proof of Service)(Weston, Gregory) Modified on 4/7/2011 to corrext event selected and correct docket text (ag).
April 4, 2011 24 Featured Case ORDER granting 21 Ex Parte Motion for Extension of Time to Answer; Ferrero USA, Inc answer due 4/18/2011 and denying Ex Parte Motion to Stay Discovery. Signed by Judge Marilyn L. Huff on 04/04/2011. (ag) (jrl).
March 31, 2011 23 REPLY to Response to Motion re 21 Ex Parte MOTION for Extension of Time to File Answer filed by Ferrero USA, Inc. (Bal, Colleen) (ag).
March 30, 2011 22 RESPONSE in Opposition re 21 Ex Parte MOTION for Extension of Time to File Answer filed by Athena Hohenberg, Laura Rude-Barbato. (Attachments: # 1 Declaration of Jack Fitzgerald in Opposition to Ferrero's Ex Parte Application to Stay Proceedings Indefinitely)(Fitzgerald, John) (ag).
March 29, 2011 21 Ex Parte MOTION for Extension of Time to File Answer by Ferrero USA, Inc. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration, # 3 Proof of Service)(Bal, Colleen) (ag).
March 25, 2011 20 DECLARATION of Dale R. Bish re 19 MOTION for Change Venue by Defendant Ferrero USA, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proof of Service)(Bish, Dale) (ag).
March 24, 2011 19 MOTION for Change Venue by Ferrero USA, Inc. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration Bernard F. Kreilmann, # 3 Proof of Service)(Bish, Dale) (ag).
March 24, 2011 18 Corporate Disclosure Statement by Ferrero USA, Inc. (Bish, Dale) (ag).
March 23, 2011 17 CERTIFICATE OF SERVICE by Athena Hohenberg, Laura Rude-Barbato re 13 Notice of Appearance of Jack Fitzgerald on Behalf of Plaintiffs Athena Hohenberg and Laura Rude-Barbato (Fitzgerald, John) (ag).
March 23, 2011 16 CERTIFICATE OF SERVICE by Athena Hohenberg, Laura Rude-Barbato re 12 Notice of Appearance of Gregory S. Weston on Behalf of Plaintiffs Athena Hohenberg and Laura Rude-Barbato (Weston, Gregory) (ag).
March 23, 2011 15 NOTICE of Appearance by Ronald Marron on behalf of Athena Hohenberg, Laura Rude-Barbato (Attachments: # 1 Proof of Service)(Marron, Ronald) (ag).
March 23, 2011 14 AMENDED COMPLAINT with Jury Demand Master Consolidated Complaint against Ferrero USA, Inc, filed by Athena Hohenberg, Laura Rude-Barbato. (Attachments: # 1 Proof of Service) (Marron, Ronald) (ag).
March 22, 2011 13 NOTICE of Appearance by John J. Fitzgerald on behalf of Athena Hohenberg, Laura Rude-Barbato (Fitzgerald, John) (ag).
March 22, 2011 12 NOTICE of Appearance by Gregory S. Weston on behalf of Athena Hohenberg, Laura Rude-Barbato (Weston, Gregory) (ag).
March 22, 2011 11 Featured Case ORDER granting 8 Motion to Consolidate Cases and granting 8 Motion for Appointment of Interim Lead Co-Class Counsel. The Court order Plaintiffs to file a consolidated complaint within thirty (30) days of the date that this order is filed. Signed by Judge Marilyn L. Huff on 03/22/2011. (ag) (jrl).
March 21, 2011 10 REPLY to Response to Motion re 8 MOTION to Consolidate Cases MOTION to Appoint Counsel filed by Athena Hohenberg. (Attachments: # 1 Exhibit A, # 2 Proof of Service )(Marron, Ronald) (ag).
March 14, 2011 9 RESPONSE to Motion re 8 MOTION to Consolidate Cases MOTION to Appoint Counsel Defendant Ferrero U.S.A., Inc.'s Response to Plaintiff's Motion to Consolidate and to Appoint Lead Counsel filed by Ferrero USA, Inc. (Attachments: # 1 Proof of Service)(Bish, Dale) (leh).
February 28, 2011 8 MOTION to Consolidate Cases by Athena Hohenberg. (Attachments: # 1 Memo of Points and Authorities in Support of Motion, # 2 Declaration of Ronald A. Marron, # 3 Declaration of Gregory S. Weston, # 4 Declaration of Jack Fitzgerald, # 5 Proof of Service)(Marron, Ronald) (ag). Added MOTION to Appoint Counsel on 3/1/2011 (ag).
February 24, 2011 7 Featured Case ORDER granting 6 Motion for Extension of Time to Answer; Ferrero USA, Inc answer due 03/28/2011. Signed by Judge Marilyn L. Huff on 02/24/2011. (ag) (jrl).
February 23, 2011 6 Joint MOTION for Extension of Time to File Answer by Athena Hohenberg. (Attachments: # 1 Proof of Service)(Marron, Ronald) (ag).
February 14, 2011 5 AFFIDAVIT of Service for Affidavit of Service served on Ferrero U.S.A., Inc. on 02/02/2011, filed by Athena Hohenberg. (Attachments: # 1 Proof of Service)(Marron, Ronald) (ag).
February 9, 2011 4 NOTICE OF RELATED CASE(S) by Athena Hohenberg of case(s) 11-00249 (Attachments: # 1 Proof of Service)(Marron, Ronald) No Low Number Order was prepared (ag)
February 1, 2011 3 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (ecs) (cap).
February 1, 2011 2 Fee for Civil Case Opening: $ 350, receipt number 0974-3261227, Paid on 2/1/2011. (Marron, Ronald) (cap).
February 1, 2011 1 COMPLAINT with Jury Demand against Ferrero USA, Inc, filed by Athena Hohenberg.The new case number is 3:11-cv-205-H-CAB. Judge Marilyn L. Huff and Magistrate Judge Cathy Ann Bencivengo are assigned to the case. (Ronald Marron)(ecs) (cap).

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Plaintiff: Laura Rude-Barbato
Represented By: John J. Fitzgerald
Represented By: Ronald Marron
Represented By: Gregory S. Weston
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Plaintiff: Athena Hohenberg
Represented By: Gregory S. Weston
Represented By: Ronald Marron
Represented By: John J. Fitzgerald
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Defendant: Ferrero USA, Inc
Represented By: Colleen Bal
Represented By: Dale Richard Bish
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