Birney et al v. Menu Foods, Inc.

Filing 3

Attachment 1
MOTION to stay All Proceedings by Menu Foods, Inc.. (Attachments: # 1)(McIntosh, Robert)

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Birney et al v. Menu Foods, Inc. Doc. 3 Att. 1 Case 6:07-cv-00803-GKS-KRS Document 3-2 Filed 05/14/2007 Page 1 of 3 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION Case No: 6:07-CV-803-ORL-18KRS GEORGE BIRNEY and AUDREY BIRNEY, Plaintiffs, vs. MENU FOODS, INC., et al., Defendant. ______________________________________/ ORDER GRANTING DEFENDANT'S MOTION TO STAY ALL PROCEEDINGS THIS MATTER having come before the Court upon Defendant's, MENU FOODS INC., Motion to Stay All Proceedings, and the Court having reviewed the record, upon agreement of the parties, and being duly advised in the premises, it is hereby ORDERED AND ADJUDGED that Defendant's, MENU FOODS, Motion to Stay All Proceedings is GRANTED pending the transfer decision by the Judicial Panel on Multidistrict Litigation in the case styled In re Pet Food Products Liability Litigation, MDL No. 1850, and a determination of class certification by the transferor court. All parties shall, during the pendency of the stay of this matter, comply with their duty to preserve all evidence that may be relevant to this action. This duty extends to documents, electronic data, and tangible things in the possession, custody and control of the parties to this action, and any employees, agents, contractors, or carriers who possess materials reasonably anticipated to the subject of discovery in this action. "Preservation" is to be interpreted broadly to accomplish the goal of maintaining {RDM/013804.0109/L4124521_1} Case 6:07-cv-00803-GKS-KRS Document 3-2 Filed 05/14/2007 Page 2 of 3 the integrity of all documents, data and tangible things reasonably anticipated to be the subject of discovery under Fed. R. Civ. P. 26, 45 and 56(e) in this action. Preservation includes taking reasonable steps to prevent the partial or full destruction, alteration, testing, deletion, shredding, incineration, wiping, relocation, migration, theft, or mutation of such material, as well as negligent or intentional handling that would make material incomplete or inaccessible. If the business practices of any party involves the routine destruction, recycling, relocation, or mutation of materials, the party must, to the extent practicable for the pendency of this order, either: i) ii) iii) halt such business practices; sequester or remove such material from the business process; or arrange for the preservation of complete and accurate duplicates or copies of such material, suitable for la ter discovery if requested. DONE AND ORDERED in Orlando, Florida this ___ day of May 2007. __________________________________________ United States District Court Judge Copies furnished: Counsel of Record {013804.0109/L4122983_1} Case 6:07-cv-00803-GKS-KRS Document 3-2 Filed 05/14/2007 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 Attorneys for Plaintiffs ___________________________________________________________________________ Robert D. McIntosh, Esq. Adorno & Yoss, LLP 888 Southeast 3rd Avenue, Suite 500 Fort Lauderdale, Florida 33316 P: 954-523-5885 Attorneys for Defendant, Menu Foods, Inc. {RDM/013804.0109/L4124521_1}

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