Krosschell v. Menu Foods Income Fund et al

Filing 3

Krosschell v. Menu Foods Income Fund et al

Doc. 3

Case 0:07-cv-02108-ADM-AJB

Document 3

Filed 06/05/2007

Page 1 of 4

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA Wendy Krosschell, on behalf of herself and all other similarly situated, Plaintiff, v. Menu Foods Income Fund, Menu Foods, Inc., Menu Foods Holdings, Inc., Menu Foods Midwest Corporation, ChemNutra, Inc., and ChemNutra, LLC, Defendants. WHEREAS, this case is one of over eighty (80) putative class actions filed in this Court and several other courts throughout the country for damages and injunctive relief, arising from the manufacture, distribution, and/or sale of pet food products by Defendants Menu Foods Income Fund, Menu Foods, Inc., Menu Foods Holdings, Inc., and Menu Foods Midwest Corporation (collectively referred to as "Menu Foods"); and WHEREAS, Defendants currently have class actions pending in the Western District of Washington, Eastern District of Tennessee, Northern District of Illinois, Western District of Wisconsin, Western District of Arkansas, District of New Jersey, Middle District of Florida, Northern District of Florida, Southern District of Florida, District of Connecticut, Central District of California, District of Rhode Island, District of Maine, Northern District of California, District of Nevada, District of Idaho, Northern District of Ohio, District of Minnesota, District of Colorado, District of Massachusetts, and Southern District of New York; and WHEREAS, at least five (5) different plaintiffs have already filed separate motions for transfer and coordination or consolidation pursuant to 28 U.S.C. § 1407 seeking to transfer their STIPULATION STAYING ALL PROCEEDINGS AND FOR PRESERVATION OF EVIDENCE Case No. 07-cv-02108 (ADM/AJB)

Dockets.Justia.com

Case 0:07-cv-02108-ADM-AJB

Document 3

Filed 06/05/2007

Page 2 of 4

cases to the Central District of California, Southern District of Florida, Western District of Washington, or District of New Jersey; and WHEREAS, the MDL Panel will determine whether all actions, including this action, should be transferred and coordinated and/or consolidated under 28 U.S.C. § 1407 for pretrial proceedings and WHEREAS, the MDL Panel held a hearing on May 31, 2007, in Las Vegas, Nevada, but has not yet issued an order; and WHEREAS, the parties believe that in the short intervening time between now and a decision by the MDL Panel on transfer and coordination and/or consolidation, a stay of these proceedings will conserve party and judicial resources. IT IS HEREBY STIPULATED by and between the Plaintiff and Defendants, Menu Foods, through their designated counsel, that this matter, including the deadlines for the parties to participate in class certification and other pretrial proceedings, be stayed pending the establishment of In re: Pet Food Products Liability Litigation, MDL Docket No. 1850, and the potential subsequent transfer of this case for coordinated pretrial proceedings with other actions pending throughout the country. All parties shall, during the pendency of the stay of this matter, comply with their duty to preserve all evidence that may be relevant to this action. This duty extends to documents, electronic data, and tangible things in the possession, custody and control of the parties to this action, and any employees, agents, contractors, or carriers who possess materials reasonably anticipated to be the subject of discovery in this action. "Preservation" is to be interpreted broadly to accomplish the goal of maintaining the integrity of all documents, data, and tangible things reasonably anticipated to be the subject of discovery under Fed. R. Civ. P. 26, 45, and

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Case 0:07-cv-02108-ADM-AJB

Document 3

Filed 06/05/2007

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56(e) in this action. Preservation includes taking reasonable steps to prevent the partial or full destruction, alteration, testing, deletion, shredding, incineration, wiping, relocation, migration, theft, or mutation of such material, as well as negligent or intentional handling that would make material incomplete or inaccessible. If the business practices of any party involve the routine destruction, recycling, relocation, or mutation of materials, the party must, to the extent practicable for the pendency of this order, either: 1. 2. 3. halt such business practices; sequester or remove such material from the business process; or arrange for the preservation of complete and accurate duplicates or copies of such material, suitable for later discovery if requested.

IT IS SO STIPULATED.

Dated: June 4, 2007

s/ Daniel C. Hedlund Daniel E. Gustafson (#202241) Daniel C. Hedlund (#0258337) GUSTAFSON GLUEK PLLC 650 Northstar East 608 Second Avenue South Minneapolis, MN 55402 Telephone: [phone] Facsimile: [phone] Dennis Stewart HULETT HARPER STEWART LLP 550 West "C" Street, Suite 1600 San Diego, CA 92101 Telephone: [phone] Facsimile: [phone] Dianne M. Nast RODANAST, P.C. 801 Estelle Drive Lancaster, PA 17601 Telephone: [phone] Facsimile: [phone]

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Case 0:07-cv-02108-ADM-AJB

Document 3

Filed 06/05/2007

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Joseph Goldberg FREEDMAN BOYD DANIELS HOLLANDER & GOLDBERG P.A. 20 First Plaza, Suite 700 Albuquerque, NM 87102 Telephone: [phone] Facsimile: [phone] ATTORNEYS FOR PLAINTIFF AND THE PROPOSED CLASS

Dated: June 5, 2007

s/ Edward T. Matthews Lora Esch Mitchell (#259615) Edward T. Matthews (#327633) FREDRIKSON & BYRON, P.A. 200 South Sixth Street, Suite 4000 Minneapolis, MN 55402 Telephone: [phone] / 7261 Facsimile: [phone] ATTORNEYS FOR DEFENDANTS MENU FOODS INCOME FUND, MENU FOODS, INC., MENU FOODS HOLDINGS, INC., AND MENU FOODS MIDWEST CORPORATION

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