Sylvester et al v. Menu Foods, Inc. et al

Filing 16

Case 1:07-cv-00409-ACK-KSC

Document 16

Filed 08/24/2007

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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. 546-7575 Fax. No. 546-7070 Email address: [e-mail] Attorneys for Defendants Menu Foods Inc., Menu Foods Holdings, Inc., and Menu Foods Income Fund IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII VALERIE SYLVESTER; DAVID PANG; ANDREW GARCIA; RUTH CAMARGO; CHRIS HUBBARD; STACEY COLLINS; RANDALL BANDMANN; KELLY ENGLE; PAM GOULD; and ERIK CORAL-SANDS, ) ) ) ) ) ) ) ) Plaintiffs, ) ) 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. CV 07-00409 ACK-KSC (Non-Vehicle Tort) DEFENDANTS MENU FOODS, INC. AND MENU FOODS HOLDINGS, INC.'S EX PARTE APPLICATION FOR SECOND EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFFS' FIRST AMENDED COMPLAINT, FILED 06/22/07; EXHIBITS A THRU C; DECLARATION OF CHAD P. LOVE; CERTIFICATE OF SERVICE

Case 1:07-cv-00409-ACK-KSC

Document 16

Filed 08/24/2007

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DEFENDANTS MENU FOODS, INC. AND MENU FOODS HOLDINGS, INC.'S EX PARTE APPLICATION FOR SECOND EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFFS' FIRST AMENDED COMPLAINT, FILED 06/22/07 Defendants Menu Foods, Inc., and Menu Foods Holdings, Inc., (hereinafter jointly referred to as "Defendants") hereby apply, ex parte, for a second extension of time to answer or otherwise respond to Plaintiffs' First Amended Complaint, filed on June 22, 2007. The grounds for this second application for extension of time are: (1) On August 20, 2007, the United Judicial Panel on Multidistrict Litigation ("JPML") issued a "Conditional Transfer Order" ("CTO") conditionally transferring the above-entitled action (together with another case from a different district), to the United States District Court for the District of New Jersey. Plaintiffs have until September 4, 2007, in which to object to the CTO or the case will be transferred to the MDL. Should Plaintiffs file an objection to the CTO, they must file a motion to vacate the CTO within 15 days of the filing of their objection -- making the deadline to file such a motion September 19, 2007. A true and accurate copy of the August 20, 2007, CTO is attached hereto as Exhibit A. As noted in the

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Case 1:07-cv-00409-ACK-KSC

Document 16

Filed 08/24/2007

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CTO, this case appears to involve questions of fact that are common to 77 other cases that have also been transferred to New Jersey. (2) On August 2, 2007, Defendants filed a "Motion to Stay All Proceedings" ("Motion to Stay"), which is set for hearing on September 10, 2007, after the present September 4, 2007, deadline to answer the First Amended Complaint. The requested extension will promote judicial economy by avoiding the filing and serving of pleadings while the JPML and MDL proceed; in the alternative, the requested extension will allow Menu Foods, Inc., and Menu Foods Holdings, Inc., time to apply for a further extension or enlargement by stipulation or duly noticed motion, if one should be necessary. Defendants request that the time to respond to the First Amended Complaint be extended for 60 days (from September 4, 2007, to November 3, 2007). This Application is based on Local Rules 6.2, 7.1, and 7.2 of the Rules of the United States District Court for the District of Hawaii, Rules 6

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Case 1:07-cv-00409-ACK-KSC

Document 16

Filed 08/24/2007

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and 7 of the Federal Rules of Civil Procedure, the Declaration and exhibits attached hereto, and the records and files herein. DATED: Honolulu, Hawaii, August 24, 2007 .

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

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