Ortiz v. Menu Foods, Inc. et al

Filing 30

MOTION for Leave to File to File a Reply to 28 "Plaintiffs' Response to 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", filed 09/14/07 by Menu Foods Holdings, Inc.. (Attachments: # 1 Memorandum in Support of Motion# 2 Exhibit 1# 3 Certificate of Service)(Love, Chad) Modified on 9/24/2007 to include link to correlate to plaintiff's response (doc 28) and include link to F&R: doc 23 (afc).

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

Document 30

Filed 09/21/2007

Page 1 of 2

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 MOTION FOR LEAVE TO FILE A REPLY TO "PLAINTIFFS' RESPONSE TO 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", FILED 09/14/07; MEMORANDUM IN SUPPORT OF MOTION; EXHIBIT 1; CERTIFICATE OF SERVICE

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

Document 30

Filed 09/21/2007

Page 2 of 2

DEFENDANT MENU FOODS HOLDINGS, INC.'S EX PARTE MOTION FOR LEAVE TO FILE A REPLY TO "PLAINTIFFS' RESPONSE TO 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", FILED 09/14/07 Defendant Menu Foods Holdings, Inc. ("Menu Foods") hereby moves, ex parte, for leave of Court to file a Reply to Plaintiffs' Response (filed on September 14, 2007) ("Plaintiffs' Response") to "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", which was filed herein on September 4, 2007 ("Objections"). This Motion is made pursuant to Local Rule 74.2 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 21, 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 -2NEWY1\8147582.1