Cooper v. Menu Foods Income Fund et al

Filing 5

MOTION to Stay by Menu Foods, Inc.. (Attachments: # 1 Exhibit A-1, pp. 1-50# 2 Exhibit A-2, pp. 51-100# 3 Exhibit A-3, pp 101-117# 4 Exhibit B-1, pp 1-50# 5 Exhibit B-2, pp 51-100# 6 Exhibit B-3, pp 101-155# 7 Exhibit C-1, pp. 1-50# 8 Exhibit C-2, pp. 51-100# 9 Exhibit C-3, pp 101-150# 10 Exhibit C-4, pp 151-200# 11 Exhibit C-5, pp 201-215# 12 Exhibit D# 13 Exhibit E# 14 Exhibit F# 15 Exhibit G# 16 Exhibit H# 17 Exhibit I# 18 Exhibit J# 19 Exhibit K# 20 Exhibit L# 21 Exhibit M# 22 Exhibit N# 23 Exhibit O# 24 Exhibit P)(Comstock, Christy)

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Cooper v. Menu Foods Income Fund et al Doc. 5 Case 4:07-cv-04036-HFB Document 5 Filed 05/08/2007 Page 1 of 3 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION KIRBY COOPER, Individually and On behalf of all others similarly situated, Plaintiffs vs. MENU FOODS INCOME FUND; MENU FOODS MIDWEST CORPORATION, MENU FOODS SOUTH DAKOTA, INC., MENU FOODS INC., MENU FOODS HOLDINGS, INC. and WAL-MART STORES, INC. Defendants ) ) ) ) ) ) Case No. CV 07-4036 ) ) ) ) ) ) ) ) MOTION TO STAY COMES NOW the Separate Defendant, MENU FOODS, INC., by and through counsel, JONES & HARPER, and moves this Court to stay all proceedings in this action, including but not limited to Separate Defendant's obligation to timely respond to Plaintiffs' Complaint, pending a transfer decision by the Judicial Panel on Multidistrict Litigation ("JPML") pursuant to 28 U.S.C. 1407 and pending a determination of class certification by the transferor court pursuant to Federal Rules of Civil Procedure 23(d)(1). In support of its Motion to Stay, Separate Defendant Menu Foods, Inc. has attached Exhibits A, B, C, D, E, F, G, H, I, J, K, L, M, N, O Dockets.Justia.com Case 4:07-cv-04036-HFB Document 5 Filed 05/08/2007 Page 2 of 3 and P, and contemporaneously has filed with the Court a Brief in Support of its Motion to Stay. WHEREFORE, Separate Defendant MENU FOODS, INC. respectfully requests this Honorable Court enter an Order staying further proceedings in this matter, including but not limited to Separate Defendant's obligation to timely respond to Plaintiffs' Complaint, pending the transfer decision by the Judicial Panel and a determination of class certification by the transferor court. Respectfully submitted, /s/ Christy Comstock Christy Comstock (AR #92246) Robert L. Jones, III (AR #69041) Jones & Harper 21 West Mountain, Suite 300 Fayetteville, AR 72701 (479) 582-3382 Fax (479) 587-8189 And Edward B. Ruff Michael P. Turiello PRETZEL & STOUFFER, CHARTERED One South Wacker Drive, Suite 2500 Chicago, Illinois 60606 (312) 346-1973 ATTORNEYS FOR SEPARATE DEFENDANT MENU FOODS, INC. 2 Case 4:07-cv-04036-HFB Document 5 Filed 05/08/2007 Page 3 of 3 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and accurate copy of the foregoing instrument was forwarded this _____ day of May, 2007, by first class mail, postage prepaid to: Jason M. Hatfield LUNDY & DAVIS, L.L.P. 300 N. College Ave., Suite 309 Fayetteville, AR 72701 Attorney for the Plaintiff /s/ Christy Comstock Christy Comstock 3

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