Gray et al Menu Foods, et al

Filing 12

MOTION for Extension of Time to File Answer by Walmart Stores, Inc.. (Ney, Marshall)

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Gray et al Menu Foods, et al Doc. 12 Case 5:07-cv-05065-RTD Document 12 Filed 05/04/2007 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION SANDRA L. GRAY, individually and NICK JACKSON and DEENA JACKSON, As husband and wife and All other Persons Similarly Situated Vs. CASE NO. 07-5065 PLAINTIFFS 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., XUZHOU ANYING BIOLOGIC TECHNOLOGY DEVELOPMENT CO. LTD. AGREED MOTION FOR EXTENSION OF TIME DEFENDANTS Separate Defendant, Wal-Mart Stores, Inc., by its attorneys, Mitchell, Williams, Selig, Gates & Woodyard, PLLC, for its Agreed Motion for Extension of Time, states: 1. Wal-Mart was served with the Summons and Complaint in the above matter on April 17, 2007. Accordingly, Wal-Mart's first responsive pleading is due to be filed on or before May 7, 2007. 2. 3. There is currently pending before the Court a Motion to Stay the case. In light of the Motion to Stay, Wal-Mart requests that the Court extend the deadline for Wal-Mart's first responsive pleading until ten days after the Court rules on the Motion to Stay. If the Court grants the Motion to Stay, Wal-Mart's first responsive pleading would not be due until after the stay is lifted. Dockets.Justia.com Case 5:07-cv-05065-RTD Document 12 Filed 05/04/2007 Page 2 of 2 4. requested. Plaintiff's counsel has been consulted and does not object to the extension WHEREFORE, Separate Defendant, Wal-Mart Stores, Inc., prays that its Motion for Extension of Time be granted and for all other just and proper relief to which it may be entitled. Respectfully submitted, /s/ Marshall S. Ney______________ Marshall S. Ney, Arkansas Bar No. 91108 Attorney for Separate Defendant Wal-Mart Stores, Inc. MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, P.L.L.C. 5414 Pinnacle Point Dr., Suite 500 Rogers, AR 72758 Phone: 479-464-5653; Fax: 479-464-5680 mney@mwsgw.com CERTIFICATE OF SERVICE I hereby certify that on May 4, 2007, I electronically filed the foregoing with the Clerk of Court using the CM/ECF System which will send notification of such filing to the following: Christy Comstock ccomstock@joneslawfirm.com William Gene Horton bhorton@justicetoday.com /s/ Marshall S. Ney______________ Marshall S. Ney, Arkansas Bar No. 91108 Attorney for Separate Defendant Wal-Mart Stores, Inc. MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, P.L.L.C. 5414 Pinnacle Point Dr., Suite 500 Rogers, AR 72758 Phone: 479-464-5653 Fax: 479-464-5680 mney@mwsgw.com 1062031.1

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