Majerczyk v. Menu Foods, Inc.

Filing 33

MEMORANDUM by Heather Amro in support of motion for miscellaneous relief 19 Supplemental Memorandum in Support of Motion for a Finding of Relatedness (Attachments: # 1 Exhibit A# 2 Exhibit B)(Wallace, Edward)

Majerczyk v. Menu Foods, Inc.

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Case 1:07-cv-01543

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS HEATHERAMRO, on behalf of herself and all others similarly situated, Plaintiff,
v.

Case No. 07 C 2162 Judge John W. Darrah JURY TRIAL DEMANDED

MENU FOODS INCOME FUND, MENU FOODS, INC., a New Jersey corporation, MENU FOODS HOLDINGS, INC., MENU FOODS MIDWEST CORPORATION, a Delaware corporation, CHEMNUTRA INC., a Delaware corporation, CHEMNUTRA LLC, THE PROCTOR & GAMBLE COMP ANY, an Ohio corporation and THE lAMS COMPANY, Defendants. DAWN MAJERCZYK, individually and on behalf of a class of similarly situated individuals, Plaintiff,
v.

Case No. 07 CV 1543 Judge Wayne R. Andersen JURY TRIAL DEMANDED

MENU FOODS, INC., a New Jersey corporation, MENU FOODS INCOME FUND, MENU FOODS OPERATING TRUST, unincorporated open-ended trusts established under Ontario law, MENU FOODS LIMITED PARTNERSHIP, a limited partnership organized under Ontario law, MENU FOODS ACQUISTION INC., MENU FOODS LIMITED, business corporations organized under Ontario law, MENU FOODS HOLDINGS, INC., and MENU FOODS MIDWEST CORPORATION, a Delaware corporation, Defendants.

PLAINTIFF AMRO'S SUPPLEMENTAL MEMORANDUM IN SUPPORT OF HER MOTION FOR A FINDING OF RELATEDNESS

Dockets.Justia.com

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Pursuant to this Court's instruction during the hearing on Plaintiff Amro's Motion For a Finding of Relatedness on March 26, 2007, Plaintiff Amro respectfully submits this

supplemental memorandum to notify the Court of the filing at least two additional class actions in the District Court of the Northern District of Illinois regarding the sale contaminated pet food: Foxe v. Menu Foods, Inc., et al. (Case No. 07 CV 02237); and Bruski v. Menu Foods, Inc. (Case No. 07 CV 02183). The Foxe Class Action Complaint (attached hereto as Exhibit A) was recently filed on April 24, 2007, and is currently assigned to the Honorable Amy 1. St. Eve. Demith and Majercyzk, Similar to Amro,

the Foxe Class Action Complaint seeks redress for consumers who

purchased contaminated pet food products manufactured, marketed and sold by defendants that subsequently caused many consumers' pets to die or suffer kidney failure or other injury from eating the pet food products. (Foxe Class Action Compi. at,m 1-2, 11-20.) Plaintiff Foxe seeks

certification of a class comprised of all "persons and entities who purchased the pet products at issue, defined herein as 'cuts and gravy' style pet food in can or pouch, manufactured by Menu Foods Income Fund or Menu Foods, Inc., between November 6, 2006 and March 6, 2007". (Id. at ~ 21.) Plaintiff Foxe also seeks certification of two subclasses: (1) "all persons or entities who

purchased pet products at issue caused to be distributed, marketed and/or sold by Safeway Inc.;" and (2) "all persons and entities who purchased pet products at issue caused to be distributed, marketed and/or sold in the State of Illinois". (Id. at ~~ 22-23.)

The Bruski Class Action Complaint (attached hereto as Exhibit B) was filed on March 23, 2007, in the Circuit Court of Cook County, Illinois. This case was removed to the District Court for the Northern District of Illinois on April 19, 2006, and is currently assigned to the Honorable John W. Darrah.

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Virtually identical to Amra, Demith, Majercyzk

and Faxe, the Bruski Class Action

Complaint also seeks relief as a result the defendants' sale of contaminated pet food and failure to issue a timely recall of such products. (Bruski Class Action Compi. at ~~ 16-56.) Plaintiff

Bruski seeks certification of a class comprised of all "persons in Illinois who purchased cuts and gravy style dog and cat food, manufactured by Menu Foods at its facility in Emporia, Kansas between December 3, 2006 and March 6, 2007 for sale by Nutro Products and distributed by PetSmart throughout Illinois." (Id. at ~ 2.) Thus, as evidenced above, as of the date of the filing of this Supplemental Memorandum, at least five actions are pending in the District Court for the Northern District of Illinois arising from substantially identical claims based upon the defendants' improper conduct of

manufacturing,

distributing or selling contaminated pet food products.

Accordingly, Plaintiff

Amro respectfully requests that this Court find that these actions are related and order the transfer of the actions to this Court.

Dated: May 1, 2007

HEATHERAMRO, on behalf of herself and all others similarly situated,

By: Isl Edward A. Wallace Kenneth A. Wexler Edward A. Wallace Andrae P. Reneau Wexler Toriseva Wallace LLP One North LaSalle St., Suite 2000 Chicago, Illinois 60602 Telephone: [phone] Facsimile: [phone] Mark 1. Tamblyn Wexler Toriseva Wallace LLP 1610 Arden Way, Suite 290 Sacramento, California 95815 Telephone: [phone] Facsimile: [phone]

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Stuart C. Talley Kershaw, Cutter, & Ratinoff, LLP 980 9th Street, 19th Floor Sacramento, California 95814 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff and the Class

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CERTIFICATE

OF SERVICE

I, Andrae P. Reneau, hereby certify that I am one of plaintiff s attorneys and I caused copies of the foregoing Plaintiff Amro's Supplemental Memorandum In Support of Her Motion for a Finding of Relatedness to be served on: John Blim Jay Edelson Myles McGuire (Of Counsel) Blim & Edelson LLC 53 W. Jackson Blvd., Suite 1642 Chicago, IL 60604 Telephone: [phone] Facsimile: [phone] Counsel for Plaintiff Dawn Marjerczyk via the Court's Electronic Filing System, and Edward B. Ruff, III Michael P. Turiello Pretzel & Stouffer Chartered One South Wacker Drive Suite 2500 Chicago, IL 60606 Telephone: [phone] Facsimile: [phone] Counsel for Defendants Menu Menu Foods Operating Trust, Foods Acquisition Inc., Menu Inc. and Menu Foods Midwest Foods, Inc., Menu Foods Income Fund, Menu Foods Limited Partnership, Menu Foods Limited, Menu Foods Holdings, Corp. (Not Yet Appeared)

via facsimile and U.S. Mail, with proper postage prepaid, and Steven E. Schwarz The Law Offices of Steven E. Schwarz, Esq. 2461 W. Foster Ave., #1W Chicago, IL 60625 Telephone: [phone] Counsel for Plaintiffs Raymond and Kathleen Demith via U.S. Mail with proper postage prepaid, this 1st day of May, 2007.

Isl Andrae P. Reneau

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