Gray et al Menu Foods, et al

Filing 2

MOTION to Stay re 1 Complaint, 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.. (Attachments: # 1 Exhibit A-1, pgs 1-50# 2 Exhibit A-2, pgs 51-100# 3 Exhibit A-3, pgs 101-117# 4 Exhibit B-1, pgs 1-50# 5 Exhibit B-2, pgs 51-100# 6 Exhibit B-3, pgs 101-15# 7 Exhibit C-1, pgs 1-50# 8 Exhibit C-2, pgs 51-100# 9 Exhibit C-3, pgs 101-150# 10 Exhibit C-4, pgs 151-200# 11 Exhibit C-5, pgs 201-215# 12 Exhibit D, Hearing Order 5-31-07)(Comstock, Christy)

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Gray et al Menu Foods, et al Doc. 2 Case 5:07-cv-05065-RTD Document 2 Filed 04/17/2007 Page 1 of 4 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 ) ) ) ) ) JURY TRIAL DEMANDED ) ) ) Case No. CV 07-5065 ) ) ) ) ) ) ) ) ) ) ) ) ) M O T I O N TO STAY 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., Dockets.Justia.com Case 5:07-cv-05065-RTD Document 2 Filed 04/17/2007 Page 2 of 4 (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, 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. 2 Case 5:07-cv-05065-RTD Document 2 Filed 04/17/2007 Page 3 of 4 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 (479) 582-3382 Fax (479) 587-8189 and Edward B. Ruff Michael P. Turiello PRETZEL & STOUFFER, CHARTERED One South Wacker Drive, Suite 2500 Chicago, Illinois 60606 (312) 346-1973 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. 3 Case 5:07-cv-05065-RTD Document 2 Filed 04/17/2007 Page 4 of 4 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and accurate copy of the foregoing instrument was forwarded this __17_ day of April 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 4

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