Ortiz v. Menu Foods, Inc. et al

Filing 4

MOTION to Stay Notice of Hearing by Menu Foods Holdings, Inc.. (Attachments: # 1 Main Document Motion to Stay All Proceedings# 2 Memorandum Memorandum of Law in Support of Motion# 3 Exhibit A# 4 Declaration Declaration of Chad P. Love# 5 Certificate of Service)(Love, Chad)

Ortiz v. Menu Foods, Inc. et al

Doc. 4 Att. 1

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

Document 4-2

Filed 06/15/2007

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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. CV07-00323DAELEK (Class Action) MENU FOODS HOLDINGS, INC.'S MOTION TO STAY ALL PROCEEDINGS

MENU FOODS HOLDINGS, INC.'S MOTION TO STAY ALL PROCEEDINGS Menu Foods Holdings, Inc., Defendant herein, hereby moves this Court for an Order staying this litigation pending the ruling by the Judicial Panel on Multidistrict Litigation ("MDL") with respect to four (4) Motions to Transfer and Consolidate numerous Class Action Complaints, which applications were heard by MDL Panel on May 31, 2007, at the United States Courthouse in Las Vegas, -1Dockets.Justia.com

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

Document 4-2

Filed 06/15/2007

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Nevada. In the alternative, Menu Foods Holdings, Inc., seeks an extension of time to file a responsive pleading to Plaintiff's Complaint until thirty (30) days after the decision by the MDL Panel with respect to the pending Motions to Transfer and Consolidate. This motion is based on Rules 7.1 thru 7.6 of the Local Rules of the United States District Court for the District of Hawaii, Rule 7 of the Federal Rules of Civil Procedure, the memorandum and declaration attached hereto, and the records and files herein. DATED: Honolulu, Hawaii, June 15, 2007 .

_______/s/ Chad P. Love CHAD P. LOVE BARBARA J. KIRSCHENBAUM Attorneys for Defendant Menu Foods Holdings, Inc.

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