Troiano v. Menu Foods, Inc. et al

Filing 17

Attachment 1
NOTICE by Menu Foods, Inc., Menu Foods Income Fund re 5 Defendant's MOTION to Stay all Proceedings Proposed Agreed order (Attachments: # 1)(McIntosh, Robert)

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Troiano v. Menu Foods, Inc. et al Doc. 17 Att. 1 Case 0:07-cv-60428-JIC Document 17-2 Entered on FLSD Docket 04/23/2007 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No: 07-60428-CIV-COHN/SNOW CHRISTINA TROIANO, individually and on behalf of all others similarly situated, Plaintiff, MENU FOODS, INC. and MENU FOODS INCOME FUND, Defendants. ______________________________________/ [PROPOSED] AGREED ORDER GRANTING DEFENDANTS' MOTION TO STAY ALL PROCEEDINGS THIS MATTER having come before the Court upon Defendants', MENU FOODS INC. and MENU FOODS INCOME FUND (Collectively referred to as "MENU FOODS"), 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 Defendants', 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 {013804.0025/L4122983_1} Case 0:07-cv-60428-JIC Document 17-2 Entered on FLSD Docket 04/23/2007 Page 2 of 2 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 of 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 involve 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 later discovery if requested. DONE AND ORDERED in Fort Lauderdale, Broward County, Florida this ___ day of April 2007. __________________________________________ The Honorable James I. Cohn United States District Court Judge Copies furnished: Counsel of Record {013804.0025/L4122983_1}

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