Ortiz v. Menu Foods, Inc. et al

Filing 20

NOTICE by Menu Foods, Inc., Menu Foods Holdings, Inc. of "Conditional Transfer Order (CTO-2)" Menu Foods, Inc., Menu Foods Holdings, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Certificate of Service)(Love, Chad)

Ortiz v. Menu Foods, Inc. et al

Doc. 20 Att. 3

Case 1:07-cv-00323-DAE-LEK

Document 20-4

Filed 08/10/2007

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UMTED STATES JUDICIAL PANEL on MI,LTIDISTRICT LITIGATION
CIIAIRMAN: J u d g e John G. Heyburn II U n i t e d States Di3trict Court W c s t c r n District of Kentucky MEMBERS: J o d c c D. l,owcll Jcnscn U n i t e d Slates Diseicl Court N o r t b e r n District of Csliforuia J u d e e J. Frederick Moe U n i f c d Statcs DisFict Court D i s t r i c t of Marylend J u d g e Robert L, Miller, Jr. U n i i e d StatesDistrict Court N o r t b c r n District of hdiana J u d s c Kathryn II. Vretil U n i l c d StatesDistrict Court District of I(ensss J u d g e DrYid R Eelsen U n i i - e dStates Court of ADpGals E i g h t h Cfrcuit J u d e e Arthonv J. Sciricr U n i i t d Stetcs Court of Aopcets T h i r d Circuit

DIRECTREPLYTO:
J c l f e r y N. L0tbi C l c r k ofthc Pancl O n c Columbus Crrclc, hlE T h u r e o o d Msrshall Fcdcnl J o d i o - a r y Building R o o m G-255, North Iobby W a s h i n g t o n , D,C- 20002

A u g u s t1,2007 TO INVOLVED COLTNSEL Liability Litigation R e : MDL-I850 -- IN RE PetFoodProducts (SeeAttachedCTO-2) Dear Counsel:
Attached'hereto is a copy of a conditional tran.qferorder filed today by the Panel involving the abovecaptioned matter. This matter is transferred ptusuant to Rule 7 .4 of tbe Rules of Procedwe of the Judicial Panel o n M u l t i d i s t r i c t L i t i g a t i o n , l 9 9 F . R . D . 4 2 5 , 4 3 5 - 3 6 ( 2 0 0 1 ) . CopiesofRule5.2,dealingwithservice,andRules 7 . 4 and 7.5, regarding "tag-aiong" actions,are attachedfor your convenience. lnasmuch as there is an unavoidable time lag betweennotification ofthe pendency ofthe tag-along action and the filing of a conditional transfer order, corrnsel are required by Ruie 7.4(b) to notiry this offrce BY F ACSIMILE, at [phone], of any official changesin the status of the tag-along action. These changes could involve dismissai of the action, remand to state court, tansfer to another federal court, etc., as indicated by an order filed by the district court. Your cooperation would be appreciated. N O T I C E OF OPPOSITION DUE ON OR BEFORE: ( F a c s i m i i e transmissionis suggested.) Ausiust 16.2007 (4 p.m. EST)

I f you are considering opposing this conditional transferorder, pleasereview Rriles 7.4 ud 7.5 of the P a n e l Rules before filing your Notice of Opposition. A list of rnvolved counsel is attached. Very truly, Jeffery N. Liithi Clerk of the Panel

Attachments

JPML Form 39

I t r i , iT & :tl'r a
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RULE5.2: ry
by (a) AII papersfiled with the Clerk ofthe Panelshall be accompanied proof of previousor serviceon all other partiesin all actionsinvolvedin dhelitigation. Serviceand proof of simultaneous serviceshall be madeas provided in Rules 5 and6 of the FederalRules of Civil Procedure.The proof of address eachpersonservedand shall indicatethe party of serviceshall indicatethe nameand complete party is not represented counsel,the proof of senice shall indicatethe name by represented each. If a by of the party and the parlys last known address.The proof of serviceshall indicatewhy any person namedas a party in a constituentcomplaintwas not servedwith the Section 1407pleading. The original p r o o f of service thereofshall be sentto eachperson shall be filed with the Clerkof the Panelandcopies (d) within the proof of service.After the "PanelService List" described subsection of this in included the from the Clerk of thePanel, "Panel ServiceList" shallbe utilizedfor service R u l e hasbeenreceived the to of responses motionsand all other filings. ln suchinstances, "PanelServiceList" shall be attached in and shall be supplemented the proofof servicein the eventof the presence t o the proof of service of relating anyparty,counselor address to already the corrections a d d i t i o n a lparties subsequent or on " P a n e lServiceList." (b) The proof of servicepertainingto motionsfor transferof actiosspursuantto 28 U.S.C. havebeenmailedor otherwise delivered filing to the for $ i407 shall certify that copiesof the rnotions clerk of eachdistrict court in which an actionis pendingthat will be affectedby the motion. Thi: proof pursuant 28 U.S.C.$ I 407 shallcertifythat a copyof the to to o f servicepertaining a motionfor remand delivered filing to the clerk of the Section1407transferee m o t i o nhasbeenmailedor otherwise for d i s t r i c tcourt in which any actionaffected the motionis pendingby (c) Within elevendaysof filing of a motionto transfer, orderto showcause a an or c o n d i t i o n atransfer l attorney order,eachpartyor designated shallnotify the Clerk of the Panel,in w r i t i n g , of the nameand address the attorney of desigrrated receive to serviceof all pleadings, notices, before JudicialPanelon MultidistrictLitigation. Only relatingto practice the o r d e r sandotherpapers one attorneyshall be designated eachparty. Any party not represented counselshall be servedby for by m a i l i n gsuchpleadings the partls lastknownaddress. Requests an extension tirneto file the for to of d e s i g n a t i o n attorney except extraordinary of shall not be granted in circumstances. (d) with subsection of this Rule,the Clerk of the Panel (a) In orderto facilitatecompliance s h a l lprepare andserveon all counsel parties represented counsel, "PanelService and a not by List" containingthe namesand addresses ofthe designated attorneys and the party or partiesthey represent in t h e actionsunderconsideration the Panel by andthe names addresses and ofthe parties represented not b y counselin the actionsunderconsideration thePanel.After the "PanelService by List" hasbeen received from theClerk ofthe Panel, noticeofsubsequent corrections relatingto any partlr,counsel or a d d r e s s the "PanelServiceList" shallbe served all otheroartiesin all actionsinvolvedin the on on litigation(e) If following transfer anygroupof multidistrictlitigation,the transferee of districtcourt a p p o i n t sliaisoncounsel, this Rule shall be satisfied serving by eachparty in eachaffected actionandall l i a i s o ncounsel.Liaisoncounseldesignated the transferee districtcourtshallreceivecopies by ofall P a n e lordersconcerning their particularlitigationandshallbe responsible distribution the parties for to f o r whom he or sheseryes liaisoncounsel. as

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of (a) Upon learningofthe pendency a potential'tag-alongaction,"as definedin Rule l.l of order rnay be enteredby the Clerk of the Paneltransferringthat action to the previously these Rules,'an and transferee districtcourton the basisofthe prior hearingsession(s) forthe reasons designated in e x p r e s s e d previousopinionsandordersof the Panelin the litigation. The Clerk of the Panelshall serve this order on eachparty to the litigation but, in order to afforil all partiesthe oppornrnityto oppose district court for fifteen days from the entry Eansfer, shall not sendthe orderto the clerk of the transferee thereof. (b) transferordershall notify the Clerk of the to Parties an actionsubjectto a conditional periodif that actionis no longerpendingin is transferor districtcourt. within the fifteen-day Panel (c) the shall file a noticeof oppositionwith the Clerk of the Any party opposing fransfer period. [f a noticeof oppositionis received the Clerk of the Panel by within P a n e lwithin the fifteenday said orderto the clerk of the transferee t h i s fifteenday period,the Clerk of the Panelshall not transrnit d i s t r i c t court until furtherorderof the Panel. The Clerk of the Panelshall notify the partiesof the b r i e f i n g schedule(d) Within fifteen daysof the filing of its noticeof opposition, party opposing the transfer orderand brief in supportthereof. The Chairman of s h a l l file a riotion to vacatetheconditionaltransfer hearingsession the Panel. Failureto file and of t } t e Panelshall setthe motion for the next appropriate as s e r v ea motion and brief shall betreated withdrawalof the oppositionand the Clerk of the Panelshall districtcourt. f o r t h w i t h transmitthe orderto theclerk of the uansferee (e) ordersdo not become effectiveunless Conditionaltransfer and until theyare. filed with districtcourt. t h e clerk of the transferee (0 and suchordersof the Panelandresponses Noticesof opposition motionsto vacate by 5.12,5.2,7.l and7.2 of these Rules. t h e r e t oshall be governed Rules R U L E 7.5: "TAG-ALONGACJIONS" IVIISCELLANEOUS PROVISIONS C-ONCERNING

(a) "tag-along Potential actions" filed in thetransferee districtrequireno actionon thepart judgeshould to for of transferee o f the Paneland requests assignment suchactions the Section1407 be with localrulesfor the assignment related m a d ein accordance of actions. (b) "tag-aiong Uponlearning the pendency a potential of of action"andhavingreasonable a n t i c i p a t i o nof oppositionto transfer that action,the Panelmay directthe Clerk of the Panelto file a of with s h o w causeorder,in accordance Rule7.3of these Rules, instead a conditional of transfer order. (c) Failure serve or moreof thedefendants a potential to one in action" with the "tag-along c o m p l a i n tand summons required Rule4 of theFederal as by Rulesof Civil Procedure does preclude not t r a n s f e rof suchactionunderSection 1407.Suchfailure, however, ma;.besubmitted sucha defendant by transfer prejudice be shown.The inabilityof theClerkof the a s a basisfor opposing proposed the if can P a n e lto servea cqnditionaltransfer orderon all plaintiffsor defendants their counsel or shall not render t h e transferof the actionvoid but canbe submined sucha partyas a basisfor movingto remand to by as s u c h party if prejudicecan be shown. (d) A civil actionapparently involving cornmon questions fact with actions under of c o n s i d e r a t i o nby the Panelfor transfer underSectio | 407 which waseithernot includedin a motion n , u n d e r Rule 7-2 of theseRules,or was includedin sucha motionthat wasfiled too lateto be includedin t h e initial hearingsession, wiil ordinarilybe treated the Panelas a potentiai"tag-along action." by (e) ,{ny parfy or counsel actionspreviously in transferred underSection 1407or under c o n s i d e r a t i o n the Panelfor transfer by underSection1407shall promptlynotify the Clerk of thePanelof a n y potential "tag-along actions"in which that parryis alsonamedor in which that counsel appears.