IN RE: PET FOOD PRODUCTS LIABILITY LITIGATION

Filing 139

MOTION for Discovery Pursuant to Fed. R. Civ. P. 26 by DEL MONTE FOODS COMPANY, NESTLE PURINA PETCARE COMPANY, HILLS PET NUTRITION, NUTRO PRODUCTS, INC., MENU FOODS GEN PAR LTD., MENU FOODS HOLDING, INC., MENU FOODS INCOME FUND, MENU FOODS LTD, MENU FOODS LTD PARTNERSHIP, MENU FOODS MIDWEST CORP., MENU FOODS OPERATING PARTNERSHIP, MENU FOODS SOUTH DAKOTA, INC., MENU FOODS, INC., MENU FOODS OPERATING TRUST, MENU FOODS ACQUISITION INC., IAMS CO.. (Attachments: #1 Exhibit A, #2 Exhibit Appendix A, #3 Exhibit 1, #4 Exhibit 1 pt.2, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit B, #11 Exhibit C, #12 Exhibit D, #13 Exhibit E, #14 Exhibit F, #15 Exhibit G, #16 Exhibit H)(SANOM, LAURA)

IN RE: PET FOOD PRODUCTS LIABILITY LITIGATION

Doc. 139 Att. 16

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY MDL Docket No. 1850 (All Cases) : : IN RE PET FOOD PRODUCTS Case No. 07-2867 (NLH) : LIABILITY LITIGATION : Judge Noel L. Hillman : : [PROPOSED] ORDER : GRANTING DEFENDANTS' : UNOPPOSED MOTION TO : ADOPT THE RETRIEVAL : PLANS FOR ORGANIZED : RECALLED PRODUCT : RECOMMENDED BY : DEFENDANTS' EXPERT : : ___________________________________________ Pursuant to Fed. R. Civ. P. 26(b) and (c), for good cause shown, and upon Defendants' representations to Plaintiffs concerning the retained organized product, including but not limited to representations concerning uniformity of the product, Defendants' Unopposed Motion to Adopt the Retrieval Plans for Organized Recalled Product Recommended by Defendants' Expert is GRANTED. It is ORDERED that Defendants Iams, Menu Foods, Hill's, Nutro, Purina and Del Monte (collectively, the "moving Defendants") may implement the specific retrieval plans for the organized recalled product stored on pallets and/or

Exhibit H to Retrieval Motion
Dockets.Justia.com

within cardboard cases as recommended by Dr. George P. McCabe in his March 26 and April 8, 2008 Declarations. It is further ORDERED that nothing in this Order alters or modifies the Court's December 18, 2007 Order (Doc. No. 106), which permits the moving Defendants to dispose of any organized recalled product or unorganized inventory that is unnecessary to implement Dr. McCabe's sampling or retrieval plans. IT IS SO ORDERED.

Dated: ____________________, 2008

________________________________ NOEL L. HILLMAN, U.S.D.J.

193036.1

2