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

Filing 5

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

Document 5

Filed 08/01/2007

Page 1 of 3

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., and Menu Foods Holdings, Inc. 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 EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFFS' FIRST AMENDED COMPLAINT, FILED 06/22/07; DECLARATION OF CHAD P. LOVE; EXHIBIT A; ORDER GRANTING DEFENDANTS MENU FOODS, INC. AND MENU FOODS HOLDINGS, INC.'S EX PARTE APPLICATION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFFS' FIRST AMENDED COMPLAINT, FILED 06/22/07; CERTIFICATE OF SERVICE

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

Document 5

Filed 08/01/2007

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DEFENDANTS MENU FOODS, INC. AND MENU FOODS HOLDINGS, INC.'S EX PARTE APPLICATION FOR 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 an extension of time to answer or otherwise respond to Plaintiffs' First Amended Complaint, filed on June 22, 2007. Defendants note that in addition to this Application, they intend to file a "Motion to Stay All Proceedings" ("Motion to Stay") within five days. The reason for this application for an extension and for the "Motion to Stay" is because currently there are over 100 pet food cases filed nation wide. These cases are in the process of being transferred to a Federal Court in New Jersey for resolution under Multi District Litigation procedures. Defendants request that the time to respond to the First Amended Complaint shall be extended to the later of the following: (a) In the event that the Court grants Defendants' "Motion to Stay",

within the time ordered by the Court having jurisdiction over this matter; (b) In the event that the Court denies Defendants' "Motion to Stay",

within thirty (30) days of the filing of the Court's written order denying Defendants' motion.

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

Document 5

Filed 08/01/2007

Page 3 of 3

(c)

Within twenty (20) days after proper service of the Amended

Complaint and Summons upon the Defendants. Defendants also ask that the same deadlines apply to Defendant Menu Foods Income Fund, which, to date, has not been served. 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 and 7 of the Federal Rules of Civil Procedure, the Declaration and exhibit attached hereto, and the records and files herein.

DATED: Honolulu, Hawaii,

August 1, 2007

.

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

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