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

Filing 8

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

Document 8

Filed 08/03/2007

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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, 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) DEFENDANT MENU FOODS INCOME FUND'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; ORDER GRANTING DEFENDANT MENU FOODS INCOME FUND'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 8

Filed 08/03/2007

Page 2 of 3

DEFENDANT MENU FOODS INCOME FUND'S EX PARTE APPLICATION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFFS' FIRST AMENDED COMPLAINT, FILED 06/22/07 Defendant Menu Foods Income Fund, ("Income Fund") hereby applies, ex parte, for an extension of time to answer or otherwise respond to Plaintiffs' First Amended Complaint, filed on June 22, 2007. Defendants Menu Foods Holdings, Inc., and Menu Foods, Inc., filed a "Motion to Stay All Proceedings" ("Motion to Stay") on August 2, 2007. 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. Income Fund requests that it be given a thirty (30) day extension in which to file its Answer or otherwise respond to Plaintiffs' First Amended Complaint, filed herein on June 22, 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 8

Filed 08/03/2007

Page 3 of 3

and 7 of the Federal Rules of Civil Procedure, the Declaration attached hereto, and the records and files herein. DATED: Honolulu, Hawaii, August 3, 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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