Free Declaration in Support - District Court of California - California

Case 4:08-cv-03685-CW

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Trenton H. Norris (California State Bar No. 164781) Sarah Esmaili (~aljfornia State Bar No. 206053) ARNOLD & PORTER LLP 90 New Montgomery Street, Suite 600 San Francisco, CA 94105 Televhone: (415) 356-3000

Peter L. Zimroth (pro hac vice) Kent A. Yalowitz (pro hac vice) Nancy G. Milburn (pro hac vice) ARNOLD & PORTER LLP 399 Park Avenue New York, NY 10022 Telephone: (212) 715-1000 Facsimile: (212) 715-1399 Email: [email protected] Ernail: [email protected] Email: [email protected] Attorneys for Plaintiff CALIFORNIA RESTAURANT ASSOCIATION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION CALIFORNIA RESTAURANT ASSOCIATION, Plaintiff, NO. CV-08-03685 CW (Related to No. CV-08-03247 CW) DECLARATION OF WILLIAM HOLMBERG SUPPORT OF PLAINTIFF'S MOTION FOR DECLARATORY RELIEF AND A PRELIMINARY INJUNCTION Hearing Date: August 28,2008 Hearing Time: 2:00 p.m. Courtroom: Courtroom 2,4th Floor The I-Ionorable Claudia Willcen Complaint filed: July 22,2008 Notice of Removal filed: August 1,2008

THE COUNTY OF SANTA CLARA and THE SANTA CLARA COUNTY PUBLIC HEALTH DEPARTMENT, Defendants.

-1CASE NO. CV-08-03685 CW DECLARATION OF WILLIAM HOLMBERG IN SUPPORT OF PLAIN'I'IFF'S MOTION FOR DECLARATORY RELIEF AND A PRELIMINARY INJUNCTION

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Trenton H. Norris (California State Bar No. 1645 Sarah Esmaili (California State Bar No. 206053) ARNOLD & PORTER LLP 90 New Montgomery Street, Suite 600 San Francisco, CA 9 4 105 Telephone: (415) 356-3000 Facsimile: (4 15) 356-3099 Email: [email protected] Email: [email protected] Peter L. Zimroth (pro hac vice admission pending) Kent A. Yalowitz (pro hac vice admission pending) Nancy G. Milburn (pro hac vice admission pending) 4RNOLD & PORTER LLP 399 Park Avenue Vew York, NY 10022 Telephone: (212) 715-1000 :acsimile: (212) 715-1399 :mail: [email protected] ?mail: [email protected] %mail: [email protected] kttorneys for Plaintiff 2ALIFORNIA RESTAURANT ASSOCIATION

E-FILED
Jul24, 2008 3:07 PM David H. Yamasaki
Chief Executive OficeriClerk Superior Coult of CA, County of Santa Clara Case #1-08-CV-117885 Filing #G-9873 By M. Rosales, Deputy

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA
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Case No. 1-08-CV-117885 DECLARATION OF WILLIAM HOLMBERG IN SUPPORT OF PLAINTIFF'S MOTION FOR DECLARATORY RELIEF AND A PRELIMINARY INJUNCTION Date: Time: Dept: August 15,2008 9:00 a.m.
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Plaintiff,
v.

THE COUNTY OF SANTA CLARA and THE SANTA CLARA COUNTY PUBLIC JEALTH DEPARTMENT, Defendants.

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Action filed: July 22,2008

DECLARATION O F WILLIAM HOLMBERG IN SUPPORT O F PLAINTIFF'S MOTION FOR DECLARATORY RELIEF AND A PRELIMINARY INJUNCTION

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D: Jul24.2008 307 PM. Superb Couttof CA. Counw of Sanla Clara. Case #I-08-CV-117885 Fihng #G-9573

I, WILLIAM HOLMBERG, declare: 1. I provide this declaration in support of Plaintiffs Motion for Declaratory Relief and

a Preliminary Injunction. If called as a witness, I could and would competently testify to the matters set out in this declaration.

2.

I am the Corporate Quahty Assurance Manager for Domino's Pizza LLC. I have

been with Domino's since March 2000 and have been working with nutritional information since

2004. I am responsible for providinglupdating nutritional information for Domino's consumer
website, printed materials, school lunch program, and answering nutrition related consumer questions. I have an M.S. in Food Science and Technology 3. Domino's Pizza offers customers a complete nutrition guide on its website and in

many of its pizza stores. The nutrition guide allows customers to calculate precisely the nutrition contents of their made-to-order pizza. The nutrition guide contains a grid which lists each style of pizza and each topping along the left side. For each listed ingredient, Domino's Pizza provides the measurement of calories, carbohydrates, sodium, fat, protein, fiber, sugar, saturated fat, trans fat, sholesterol and Percent Daily Value of vitamins A and C, calcium, and iron. By following the grid a sustomer can calculate the calorie count and other nutrient values of any ingredient he or she has selected, add up the numbers and obtain accurate calorie and other nutritional information about his 3r her pizza order. A copy of the nutrition guide is attached as Exhibit A.
4.

Domino's Pizza disagrees with Santa Clara County's Ordinance NS-300.793 which

would require Domino's to provide a calorie range for items on its menu boards and ranges for salories and certain other nutrients (saturated fat, trans fat, carbohydrates, and sodium) for items on its menus. Every pizza is customized and prepared to order. Because of the multiplicity of :ombinations of crusts and toppings for our pizzas, Domino's will be forced to post very wide *angesof nutritional information for its pizza offerings. Domino's Pizza believes that listing ranges 3f nutritional information is a poor and inadequate way to communicate with its customers because Domino's is being forced to give information that is not very useful to the customer. A range of 140-460 calories per serving for a pizza, for example, is not useful information to a customer and

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D:Ju124.2008 3:07 PM.Superior Coun of CA. County of Santa Clam. Case &l-08-CV.117885

Filing lfG-9873

will likely create customer confusion. A customer may ask where in the range the pizza he has ordered falls, or may question what ingredients will yield a pizza with a particular calorie count, and may become frustrated when his questions cannot be answered to his satisfaction. Domino's Pizza has developed a complete nutrition guide which gives customers calories and other nutrient information that is accurate and that they can use in planning their meals. Domino's objects to having to post information on menus and menu boards that is not of use to customers.

I declare under penalty of perjury of the laws of the State of California and the United States
that the foregoing is true and correct.

n Executed on July U,2008 at & /

h,lc

&i

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