Ortiz v. Menu Foods, Inc. et al

Filing 27

Ex Parte MOTION for Hearing re Defendant Menu Foods Holdings, Inc.'s Objections to the Findings and Recommendation to Grant in Part and Deny in Part Plaintiffs' Motion for Remand and Order Denying Defendants' Motion to Stay as Moot, filed 8/21/07, filed 9/04/07 by Menu Foods Holdings, Inc.. (Attachments: # 1 Memorandum in Support of Application# 2 Certificate of Service)(Love, Chad) Modified on 9/12/2007: Objections to F&R = docket entry 24 (afc).

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

Document 27

Filed 09/12/2007

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LOVE & KIRSCHENBAUM A LIMITED LIABILITY LAW COMPANY CHAD P. LOVE 1617-0 BARBARA J. KIRSCHENBAUM 5825-0 1164 Bishop Street, Ste. 1105 Honolulu, Hawaii 96813 Tel. No. [phone] Fax. No. [phone] Email address: [e-mail] Attorneys for Defendants Menu Foods, Holdings, Inc. Menu Foods Menu Foods, Inc., and Menu Foods Income Fund IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII YVONNE ORTIZ, Individually and ) on behalf of all other similarly ) situated persons, ) ) Plaintiff, ) ) vs. ) ) MENU FOODS, INC., a New Jersey ) corporation; MENU FOODS ) HOLDINGS, INC., a Delaware ) corporation; MENU FOODS ) INCOME FUND, an unincorporated ) Canadian business; DOE ENTITIES ) and INDIVIDUALS 1-100, ) ) Defendants. ) ) ) ______________________________) CIVIL NO. CV07-00323(DAE/LEK) (Class Action) DEFENDANT MENU FOODS HOLDINGS, INC.'S EX PARTE APPLICATION FOR A HEARING RE DEFENDANT MENU FOODS HOLDINGS, INC.'S OBJECTIONS TO THE FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART PLAINTIFFS' MOTION FOR REMAND AND ORDER DENYING DEFENDANTS' MOTION TO STAY AS MOOT, FILED 8/21/07, FILED 9/04/07; MEMORANDUM IN SUPPORT OF APPLICATION; CERTIFICATE OF SERVICE

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

Document 27

Filed 09/12/2007

Page 2 of 3

DEFENDANT MENU FOODS HOLDINGS, INC.'S EX PARTE APPLICATION FOR A HEARING RE DEFENDANT MENU FOODS HOLDINGS, INC.'S OBJECTIONS TO THE FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART PLAINTIFFS' MOTION FOR REMAND AND ORDER DENYING DEFENDANTS' MOTION TO STAY AS MOOT, FILED 8/21/07, FILED ON 9/04/07 Defendant Menu Foods Holdings, Inc. ("Menu Foods") hereby applies, ex parte, for a hearing on its "Objections to the Findings and Recommendation to Grant in Part and Deny in Part Plaintiffs' Motion for Remand and Order Denying Defendants' Motion to Stay as Moot, filed 8/21/07", which was filed herein on September 4, 2007 ("Objections"). Because of the nationwide importance of this matter and because the parties have not had an opportunity to present oral arguments on the Motion for Remand and the Motion to Stay, said motions having been decided on the briefs, Menu Foods requests: (1) That this matter be set for hearing and the parties be allowed to present oral arguments; and (2) That, for the reasons set forth in its Memorandum in Support, the hearing be set for any time on October 2, 2007, or, alternatively, for October 1, 2007, after 1:00 p.m., or, if neither of these dates are acceptable, to some other date agreeable to the Court.

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

Document 27

Filed 09/12/2007

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This Application is based on Local Rules 7.1, and 7.2(e) of the Rules of the United States District Court for the District of Hawaii, Rule 7 of the Federal Rules of Civil Procedure, the Memorandum attached hereto, and the records and files herein. DATED: Honolulu, Hawaii, September 12, 2007 .

_______/s/ Chad P. Love____ CHAD P. LOVE BARBARA J. KIRSCHENBAUM Attorneys for Defendants Menu Foods Holdings, Inc., Menu Foods, Inc., and Menu Foods Income Fund

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