Free Declaration in Support - District Court of California - California

Case 4:08-cv-03685-CW

Document 19

Filed 08/18/2008

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Trenton H. Norris (California State Bar No. 164781) Sarah Esmaili (California State Bar No. 206053) ARNOLD & PORTER LLP 90 New Montgomery Street, Suite 600 San Francisco, CA 94105 Telephone: (415) 356-3000 Facsimile: (415) 356-3099 Email: [email protected] Email: [email protected] Peter L. Zimroth @ro hac vice) Kent A. Yalowitz (pro huc vice) Nancy G. Milburn @YO huc vice) ARNOLD & PORTER LLP 399 Park Avenue ... New York, NY 10022 Telephone: (212) 715-1000 Facsimile: (212) 715-1399 . . Email: [email protected] Email: [email protected] Email: [email protected]
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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 MICHAEL ANDRES SUPPORT OF PLAINTIFF'S MOTION FOR DECLARATORY RELIEF AND A PRELIMINARY INJU~CTION Hearing Date: August 28,2008 Hearing Time: 2:00 p.m. Courtroom: Courtroom 2,4th Floor The Honorable Claudia Wilken Complaint filed: July 22,2008 Notice of Removal filed: August 1,2008

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

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- 1CASE NO. CV-08-03685 CW DECLARATlON OF MlCHAEL ANDRES IN SUPPORT OF PLAMTIFF'S MOTION FOR DECLARATORY RELIEF AND A PRELIMlNARY INJUNCTION

Case 4:08-cv-03685-CW

Document 19

Filed 08/18/2008

Page 2 of 4

Trenton H. Norris (California State Bar No. 164781) Sarah Esmaili (California State Bar No. 206053) ARNOLD & PORTER LLP 90 New Montgomery Street, Suite 600 San Francisco, CA 94105 Telephone: (415) 356-3000 Facsimile: (415) 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) ARNOLD & PORTER LLP 399 Park Avenue New York, NY 10022 Telephone: (212) 715-1000 Facsimile: (212) 7 15-1399 Email: [email protected] Email: [email protected] Email: [email protected] Attorneys for Plaintiff CALIFORNIA RESTAURANT ASSOCIATION

E-FILED
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Jul24, 2008 3:07 PM
David H. Yarnasaki

Chlef Execut~ve OfficeriClerk Superlor Coufl of CA, County of Santa Clara Case #1-08-CV-117885 Fllrng #G-9873 By M Rosales, Deputy

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA

CALIFORNIA RESTAURANT ASSOCIATION, Plaintiff,
v.

Case No. 1-08-CV-117885

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

DECLARATION OF MICHAEL ANDRES IN SUPPORT OF PLAINTIFF'S MOTION FOR DECLARATORY RELIEF AND A PRELIMINARY INJUNCTION
Date: August 15,2008 Time: 9:00 a.m. De~t: 8

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Action filed: July 22,2008

DECLARATION O F MICHAEL ANDRES IN SUPPORTOF PLAINTIFF'S MOTION FOR DECLARATORY RELIEF AND A PRELIMINARY INJUNCTION

Case 4:08-cv-03685-CW

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Filed 08/18/2008

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!&D: Jul 24, 2008 3:07 PM. Superior CouiiofCA. Counlyof Sanla Clara. Case#$-08.CV.117885 Filing UG-9873

I, MICKAEL ANDRES 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 Vice President and General Manager, Pacific Sierra Region, for McDonald's

USA LLC. I am the officer in charge of the Pacific Sierra Region, one of twenty two regions in the United States. The McDonald's restaurants in Santa Clara County are in the Pacific Sierra Region.
3.

Effectively and efficiently communicating with our customers is critical to delivering

an easy and convenient visit, which along with our food and value, are the primary motivators for coming to our restaurants. Our menu boards are the focal point of our business inside our

4.

Considerable effort and expense have been invested to develop designs and menu

board layouts that provide our customers with an intuitive, attractive and streamlined communication of our menu and point-of-purchase displays. We incorporate pictures, brief description and price for the single items and meal combinations.
5.

We continue to work to provide our customers with information on our food relative

to health and nutrition. Our efforts in this regard have been thoughtfir1 and comprehensive. This information is offered on in-store brochures and tray liners, our interactive website, and a toll-free phone number. We also put key nutritional information on the product packaging. We have added menu items that provide additional choices for our consumers to fit their specific dietary needs and lifestyles.
6.

We do not put our nutritional information on our menu boards. Our targeted total

service time in our restaurants is three minutes and thirty seconds. Hitting those targets is what our customers expect from us. Ifwe are forced to comply with Santa Clara County's Ordinance NS300.793 (the "Ordinance"), this clutter on the menu board could create conlksion, increase the
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ordering times, increase our total experience times, reduce throughput at critical times of the day and adversely impact our customer's experience and our business.

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-2DF,ITI,ARATM)N OF MICHAFI. AWRES I SIPPORT OF Pl.AWlWF'S MOTION FOR N

Case 4:08-cv-03685-CW

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LED: Jui 24,2008 307 PM. Superior Coultof CA. Counlyoisanta Clara. Case #I-08-CV-117885 Filing #G-9873

7.

This Ordinance is an attempt to dictate the approach and manner of communication

of nutrition information in a way that will detract from our customer experience, create unnecessary barriers to service times and lead to customer and employee hstration. We provide nutrition information in a manner that we believe does a better job of putting calorie information in context and is easily understood and accessed by customers.
8.

I believe that those competitors who are exempted from this Ordinance will have an

unfair advantage and thus we risk losing business to them. Most of the restaurants not covered under this Ordinance have never provided nutritional information to their customers and their food, in fact, may have more calories than McDonald's. We may not be able to measure our losses with certainty.
9.

We are left with no alternative but to seek help from this Court, to protect our ability

to communicate with our customers in the way that we see fit.

I declare under penalty of pejury of the laws of the State of California and the United Staies
that the foregoing is true and correct. ~x~tedon~ul~~2008at &k6+&;

f?&Y&r?~ .

MICHAEL ANDRES

-3DF:Cl.ARATMINOF MICHAEI, ANDRP3 I SIPPORT OF PI.AWTIFF'S MOTION FOR N