Widen et al v. Menu Foods et al

Filing 8

Widen et al v. Menu Foods et al

Doc. 8

Case 5:07-cv-05055-RTD

Document 8

Filed 04/17/2007

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION RICHARD SCOTT and BARBARA WIDEN, Individually and All other Persons Similarly Situated Plaintiffs vs. MENU FOODS; MENU FOODS INCOME FUND; MENU FOODS GEN PAR LIMITED; MENU FOODS LIMITED PARTNERSHIP; MENU FOODS OPERATING PARTNERSHIP; MENU FOODS MIDWEST CORP; MENU FOODS SOUTH DAKOTA; MENU FOODS, INC., MENU FOODS HOLDINGS, INC., WAL-MART STORES, INC. Defendants ) ) ) ) JURY TRIAL DEMANDED ) ) ) Case No. CV 07-5055 ) ) ) ) ) ) ) ) ) ) )

MOTION TO STAY COME NOW the Defendants, MENU FOODS, MENU FOODS INCOME FUND, MENU FOODS GEN PAR LIMITED, MENU FOODS LIMITED PARTNERSHIP, MENU FOODS OPERATING PARTNERSHIP, MENU FOODS MIDWEST CORP, MENU FOODS SOUTH DAKOTA, 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

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Case 5:07-cv-05055-RTD

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Filed 04/17/2007

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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, Separate Defendants have attached Exhibits A, B, C, and D, and contemporaneously have filed with the Court a Brief in Support of their Motion to Stay. WHEREFORE, Separate Defendants, MENU FOODS; MENU FOODS INCOME FUND; MENU FOODS GEN PAR LIMITED; MENU FOODS LIMITED PARTNERSHIP; MENU FOODS OPERATING PARTNERSHIP; 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, /s/ Christy Comstock Christy Comstock (AR #92246) Robert L. Jones, III (AR #69041) Jones & Harper 21 West Mountain, Suite 300 Fayetteville, AR 72701 [phone] Fax [phone]

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And Edward B. Ruff Michael P. Turiello PRETZEL & STOUFFER, CHARTERED One South Wacker Drive, Suite 2500 Chicago, Illinois 60606 [phone] ATTORNEYS FOR SEPARATE DEFENDANTS, MENU FOODS, MENU FOODS INCOME FUND, MENU FOODS GEN PAR LIMITED, MENU FOODS LIMITED PARTNERSHIP, MENU FOODS OPERATING PARTNERSHIP, MENU FOODS MIDWEST CORP, MENU FOODS SOUTH DAKOTA, MENU FOODS, INC. and MENU FOODS HOLDINGS, INC.

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Case 5:07-cv-05055-RTD

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CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and accurate copy of the foregoing instrument was forwarded this _____ day of April 2007, by first class mail, postage prepaid to: Jeremy Y. Hutchinson Jack Thomas Paterson II PATTON, ROBERTS, MCWILLIAMS & CAPSHAW, LLP Stephens Building 111 Center St., Suite 1315 Little Rock, AR 72201 And Richard Adams James C. Wyly Sean F. Rommel PATTON, ROBERTS, MCWILLIAMS & CAPSHAW, LLP Century Bank Plaza, Suite 400 PO Box 6128 Texarkana, TX 75505-6128 Attorney for the Plaintiffs

/s/ Christy Comstock Christy Comstock

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