Gray et al Menu Foods, et al

Filing 14

NOTICE by 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, Menu Foods, Inc., Menu Foods Holdings, Inc. Of Potential Transfer of Tag Along Cases to MDL (Attachments: # 1 Exhibit A -- Notice of Multi District Litigation# 2 Exhibit B --Notice of Potential Tag-Along Cases)(Comstock, Christy)

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Gray et al Menu Foods, et al Doc. 14 Case 5:07-cv-05065-RTD Document 14 Filed 06/27/2007 Page 1 of 3 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, 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., XUZHOU ANYING BIOLOGIC TECHNOLOGY DEVELOPMENT CO. LTD., Defendants ) ) ) ) ) ) ) ) Case No. CV 07-5065 ) ) ) ) ) ) ) ) ) ) ) ) ) N O T I CE OF POTENTIAL TRANSFER OF TAG-ALONG CASES COMES NOW the 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., by and through Case 5:07-cv-05065-RTD Document 14 Filed 06/27/2007 Page 2 of 3 counsel, JONES & HARPER, and provide Notice of Potential Transfer of Tag-Along Cases, as follows: On June 19, 2007, the Judicial Panel on Multidistrict Litigation (the "JPML") issued a Transfer Order creating a new multidistrict proceeding entitled In re Pet Food Products Liability Litigation (the "MDL"), an d assigning the MDL to Judge Noel L. Hillman of the District of New Jersey. See Exhibit A, attached. As required by Rules 1.1, 7.4, and 7.5 of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation, this case has been identified to the Panel as a "tag-along" case. See Exhibit B, attached, Notice of Related Action submitted to the JPML. In light of this action, Defendants requests that the current stay of proceedings remain in place pending transfer to the MDL, in order to serve the interests of judicial economy. Respectfully submitted, /s/ Christy Comstock Christy Comstock (AR #92246) Jones & Harper 21 West Mountain, Suite 300 Fayetteville, AR 72701 (479) 582-3382 Fax (479) 587-8189 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. 2 Case 5:07-cv-05065-RTD Document 14 Filed 06/27/2007 Page 3 of 3 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and accurate copy of the foregoing instrument was forwarded this __27_ day of June 2007, by electronic filing and first class mail, postage prepaid to: Bill G. Horton NOLAN, CADDELL & REYNOLDS, PA PO Box 184 Fort Smith, AR 72902 Attorney for the Plaintiffs /s/Christy Comstock Christy Comstock 3

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