UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

NICK PEARSON, FRANCISCO PADILLA, Case No.: 11 CV 07972

CECILIA LINARES, AUGUSTINA BLANCO,

ABEL GONZALEZ, and RICHARD JENNINGS, CLASS ACTION

On Behalf of Themselves and All Others

Similarly Situated, Judge James B. Zagel

Plaintiffs, PLAINTIFFS’ MOTION

FOR LEAVE TO FILE 

MEMORANDUM OF LAW

v. IN SUPPORT OF MOTION FOR 

FINAL APPROVAL OF CLASS

ACTION SETTLEMENT

NBTY, INC., a Delaware corporation; and UNDER SEAL

REXALL SUNDOWN, INC., a Florida

Corporation; and TARGET CORPORATION, a

Minnesota Corporation,

Defendants.

TO: All Parties and Their Attorneys of Record:

Plaintiffs Nick Pearson, Francisco Padilla, Cecilia Linares, Augustina Blanco, 

Abel Gonzalez, and Richard Jennings (“Plaintiffs”), through their counsel, hereby move 

for leave to file under seal their Memorandum of Law in Support of their Motion for Final 

Approval of Class Action Settlement and Award of Attorneys’ Fees and Expenses and 

Incentive Awards. In support hereof, Plaintiffs state as follows:

1. Plaintiffs have redacted portions of the Memorandum of Law to preserve 

the confidentiality of sales data and marketing information that belongs to Defendants 

and/or their business associates. Defendants have represented to Plaintiffs that this 

information is, in some cases, subject to a confidentiality agreement with a third party, 

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and is information that if publicly disclosed would detrimentally impact their competitive 

position in the market.

2. To the extent that certain documents referenced in Plaintiffs’ 

Memorandum of Law were previously produced in litigation, they were produced 

pursuant to protective orders entered in the relevant cases. See Cardenas v. NBTY, 

Inc., No. 2:11-cv-01615-TLN-CKD, Stipulation and Protective Order [D.E. 58] (E.D. Cal. 

Aug. 17, 2012); Jennings v. Rexall Sundown, Inc., No. 1:11-cv-11488-WGY, Joint 

Confidentiality Stipulation and Protective Order [D.E. 37] (D. Mass. June 1, 2012).

3. Plaintiffs have arranged for courtesy copies of both the public-record 

(redacted) and the sealed (unredacted) versions of their Memorandum of Law to be 

provided to the Court immediately. Also, all Parties, including Defendants, have 

arranged for courtesy copies of all exhibits to the Joint Response to Objections (some of 

which are referenced in Plaintiffs’ Memorandum of Law) to be provided to the Court 

immediately, in both the public-record (redacted) and the sealed (unredacted) versions. 

4. Plaintiffs will electronically file public-record (redacted) versions of their 

Memorandum of Law, and will serve the same on the Objectors or their Counsel listed 

in the service list attached hereto.

5. Plaintiffs will serve unredacted versions of their Memorandum of Law on 

the Objectors or their counsel listed in the service list attached hereto, provided that the 

Objectors or their counsel comply with the Protective Order entered in a related case, 

Cardenas v. NBTY, Inc., No. 2:11-cv-01615-TLN-CKD (E.D. Cal.), which requires 

persons to execute a Confidentiality Undertaking before reviewing any confidential 

materials subject to that Order. A copy of the Cardenas confidentiality Stipulation and 

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Protective Order and the Undertaking will be enclosed with the public-record (redacted) 

version of Plaintiffs’ Memorandum of Law served upon the Objectors or their counsel.

6. Wherefore, pursuant to Local Rule 26.2, Plaintiffs respectfully request an 

order sealing the unredacted version of their Memorandum of Law. In the event this 

Motion is granted, Plaintiffs will electronically file a sealed version of their Memorandum 

of Law.

Dated: September 4, 2013

By: /s/ Stewart M. Weltman

STEWART M. WELTMAN, LLC

53 W. Jackson, Suite 364

Chicago, Illinois 60604

Telephone: 312-588-5033

(Of Counsel: Levin Fishbein Sedran & Berman)

Of Counsel:

Elaine A. Ryan (admitted pro hac vice)

Patricia N. Syverson (admitted pro hac vice)

BONNETT, FAIRBOURN, FRIEDMAN & 

BALINT, P.C.

2325 E. Camelback Rd., Suite 300 

Phoenix, Arizona 85016

Telephone: 602-274-1100

Attorneys for Plaintiffs Nick Pearson, Francisco 

Padilla, Cecilia Linares, Augustina Blanco, and 

Abel Gonzalez 

By: /s/ Peter N. Freiberg______________ 

Peter N. Freiberg (admitted pro hac vice)

Jeffrey I. Carton (admitted pro hac vice)

DENLEA & CARTON LLP 

One North Broadway, Suite 509

White Plains, New York 10601 

Telephone: (914) 920-7400

Attorneys for Plaintiff Richard Jennings

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CERTIFICATE OF SERVICE

I hereby certify that on September 4, 2013, a true and correct copy of the 

following document was electronically filed and served on all counsel of record in this 

action who are deemed to have consented to electronic service via the Court’s CM/ECF 

system: Plaintiffs’ Motion for Leave to File Memorandum of Law in Support of 

Motion for Final Approval of Class Action Settlement Under Seal. 

I also certify that the foregoing document is being served by U.S. Mail this day on 

all counsel of record or pro se parties identified below who are not authorized to receive 

electronically Notices of Electronic Filing.

C. Jane Radlinski 

309 E. Church Street

Jacksonville, FL 32202-2725

(904) 633-2699

Pro se Objector

John Michael Buckley 

370 Canyon Spring Dr.

Rio Vista, CA 94571

(707) 374-3853

Pro se Objector

Peggy Thomas 

2109 N.W. 12th Avenue

Ft. Lauderdale, FL 33311

(954) 761-1589

Pro se Objector

Simone Thomas 

2109 N.W. 12th Avenue

Ft. Lauderdale, FL 33311

(305) 903-6935

Pro se Objector

Rhonda L. Paulson 

13383 E. Marie Creek Road

Couer d’Alene, ID 83814

Pro se Objector

Donald Charles Koneval 

8314 Manorford Drive

Parma, OH 44129-5309

(440) 842-6232

Pro se Objector

Anthony Leardi 

1813 Renwick Street

Bethlehem, PA 18017

(610) 865-7821

Pro se Objector

Joseph Darrell Palmer 

Law Office of Darrell Palmer PC

603 N. Highway 101, Suite A

Solana Beach, CA 92075

(858) 792-5600

Attorney for Objectors Kathleen McNeal 

and Alison Paul

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Melissa A. Holyoak 

Center for Class Action Fairness

1718 M Street NW, No. 236

Washington, DC 20036

(573) 823-5377

Attorney for Objector Ted Frank

Jonathan E. Fortman #40319 

250 Saint Catherine Street

Florissant, Missouri 63031

(314) 522-2312

Attorney for Objector Pamela Easton

Steve A. Miller 

Steve A. Miller, PC

1625 Larimer Street, No. 2905

Denver, CO 80202

(303) 892-9933

Attorney for Objector Pamela Easton

Maureen Connors (0074094OH) 

6625 Pearl Road

Parma Heights, OH 44130

(216) 640-9860

Attorney for Objector Pamela Easton

John C. Kress (53396MO) 

The Kress Law Firm, LLC

4247 S. Grand Blvd.

St. Louis, MO 63111

(314) 631-3883

Attorney for Objector Pamela Easton

/s/ Peter N. Freiberg

One of Plaintiffs’ Attorneys

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