Gray et al Menu Foods, et al

Filing 13

ORDER granting 2 Motion to Stay, granting 12 Motion for Extension of Time to Answer. Signed by Judge Robert T. Dawson on May 7, 2007. (tg)

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Gray et al Menu Foods, et al Doc. 13 Case 5:07-cv-05065-RTD Document 13 Filed 05/07/2007 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 V. Civil 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 HOLDING, INC.; WAL-MART STORES, INC.; XUZHOU ANYING BIOLOGIC TECHNOLOGY DEVELOPMENT CO., LTD. ORDER DEFENDANTS Currently before the Court is the Motion to Stay (Doc. 2) filed by 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. (the Menu Foods Defendants). Also before the Court is an Agreed Motion for Extension of Time (Doc. 12) filed by Separate Defendant Wal-Mart Stores, Inc. The Menu Foods Defendants state that this action should be stayed pending a transfer decision by the Judicial Panel on Multi-district litigation ("MDL"). Plaintiffs object to a stay and ask the Court to order the defendants to answer Plaintiffs' Complaint and proceed with discovery. AO72A (Rev. 8/82) Case 5:07-cv-05065-RTD Document 13 Filed 05/07/2007 Page 2 of 2 Upon consideration, the Menu Foods Defendants' Motion to Stay (Doc. 2) is GRANTED and this action is hereby stayed pending the transfer decision by the MDL. Further, Wal-Mart's Motion (Doc. 12) is GRANTED, and the defendants are not required to file any responsive pleadings to Plaintiffs' Complaint during the pendency of this stay. IT IS SO ORDERED this 7th day of May 2007. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge AO72A (Rev. 8/82)

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