Sims et al v. Menu Foods Income Fund et al

Filing 7

Sims et al v. Menu Foods Income Fund et al

Doc. 7

Case 5:07-cv-05053-JLH

Document 7

Filed 04/12/2007

Page 1 of 3

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION CHARLES RAY SIMS and PAMELA SIMS, Individually and on behalf of all others Similarly situated, Plaintiffs ) ) ) ) JURY TRIAL DEMANDED ) vs. ) ) Case No. CV 07-5053 ) MENU FOODS INCOME FUND, ) MENU FOODS MIDWEST CORPORATION, ) MENU FOODS SOUTH DAKOTA, INC., ) MENU FOODS, INC., MENU FOODS ) HOLDINGS, INC., ) Defendants ) M O T I O N TO STAY COMES NOW the Separate Defendants, MENU FOODS MIDWEST CORPORATION, MENU FOODS SOUTH DAKOTA, INC., MENU FOODS, INC. and MENU FOODS HOLDINGS, INC., (collectively referred to as "MENU FOODS"), by and through counsel, JONES & HARPER, and move this Court to stay all proceedings in this action, including but not limited to Separate Defendants' 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 their Motion to Stay,

Dockets.Justia.com

Case 5:07-cv-05053-JLH

Document 7

Filed 04/12/2007

Page 2 of 3

Separate Defendants have attached Exhibits A, B and C, and contemporaneously have filed with the Court a Brief in Support of their Motion to Stay. WHEREFORE, Separate Defendants, MENU FOODS MIDWEST

CORPORATION, MENU FOODS SOUTH DAKOTA, INC., MENU FOODS, INC. and MENU FOODS HOLDINGS, INC., respectfully request this Honorable Court enter an Order staying further proceedings in this matter, including but not limited to Separate Defendants' 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, Christy Comstock (AR #92246) Robert L. Jones, III (AR #69041) Jones & Harper 21 West Mountain, Suite 300 Fayetteville, AR 72701 [phone] Fax [phone] and Edward B. Ruff Michael P. Turiello PRETZEL & STOUFFER, CHARTERED One South Wacker Drive, Suite 2500 Chicago, Illinois 60606 [phone]

2

Case 5:07-cv-05053-JLH

Document 7

Filed 04/12/2007

Page 3 of 3

ATTORNEYS FOR SEPARATE DEFENDANTS, MENU FOODS MIDWEST CORPORATION, MENU FOODS SOUTH DAKOTA, INC., MENU FOODS, INC. and MENU FOODS HOLDINGS, INC. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and accurate copy of the foregoing instrument was forwarded this ___day of April 2007, electronically and by first class mail, postage prepaid to: Jason M. Hatfield Lundy & Davis, LLP 300 N College Ave Ste 309 Fayetteville AR 72701 Attorney for the Plaintiffs

Christy Comstock

3