Birney et al v. Menu Foods, Inc.

Filing 18

NOTICE by Menu Foods, Inc. of Multidistrict Consolidation Pursuant to 28 USC 1407 and Request to Continue Stay (Attachments: # 1 Exhibit # 2 Exhibit)(McIntosh, Robert)

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Birney et al v. Menu Foods, Inc. Doc. 18 Case 6:07-cv-00803-ACC-KRS Document 18 Filed 06/28/2007 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA GEORGE BIRNEY and ) AUDREY BIRNEY ) Case No. 6:07-cv-803-ORL18KRS Plaintiffs, ) ) Judge Anne C. Conway v. ) ) MENU FOODS, INC., et. al. ) June 27, 2007 Defendants, ) NOTICE OF MULTIDISTRICT CONSOLIDATION PURSUANT TO 28 U.S.C. 1407 AND REQUEST TO CONTINUE STAY On June 19, 2007, the Judicial Panel on Multidistrict Litigation (the "JPML") issued the attached Transfer Order, creating a new multidistrict proceeding entitled In re Pet Food Products Liability Litigation (the "MDL"), and assigning the MDL to Judge Noel L. Hillman of the District of New Jersey. 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 "tagalong" case. (see attached Notice of Related Action submitted to the JPML, dated May 31, 2007.) In light of the likely imminent transfer of this case, the current stay of proceedings should remain in place pending transfer to the MDL, in order to serve the interests of judicial economy. Dated: June 28, 2007 Fort Lauderdale, Florida Respectfully submitted, By: /s/ Robert D. McIntosh Robert D. McIntosh (FBN: 115490) Email: rdm@adorno.com ADORNO & YOSS LLP 888 S.E. 3 rd Avenue, Suite 500 Fort Lauderdale, Florida 33316-1159 Phone: (954) 523-5885 Fax: (954) 760-9531 Attorneys for Defendant, MENU FOODS, INC. {013804.0109/L4127577_1} Dockets.Justia.com Case 6:07-cv-00803-ACC-KRS Document 18 Filed 06/28/2007 Page 2 of 3 CERTIFICATE OF SERVICE I hereby certify that on June 28, 2007, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of record or pro se parties identified on the attached Service List in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those counsel or parties who are not authorized to receive electronically Notices of Electronic Filing. By: /s/ Robert D. McIntosh Robert D. McIntosh (FBN: 115490) {013804.0109/L4127577_1} Case 6:07-cv-00803-ACC-KRS Document 18 Filed 06/28/2007 Page 3 of 3 BIRNEY v. MENU FOODS SERVICE LIST 6:07-CV-803-ORL-18KRS Luis G. Figueroa, Esq. Martinez, Manglardi, Diez-Arguelles & Tejedor Attorneys Trial Group 540 N. Semoran Boulevard Orlando, Florida 32807 P: 407-381-4123 lfigueroa@attorneystrialgroup.com Attorneys for Plaintiffs ________________________________________________________________ ____ Robert D. McIntosh, Esq. Adorno & Yoss, LLP 888 Southeast 3 rd Avenue, Suite 500 Fort Lauderdale, Florida 33316 P: 954-523-5885 rdm@adorno.com Attorneys for Defendant, Menu Foods, Inc. {013804.0109/L4127577_1}

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