IN RE: PET FOOD PRODUCTS LIABILITY LITIGATION

Filing 265

STIPULATION and [proposed] order to destroy retained wheat gluten stored in the Bloomberg, Pennsylvania warehouse by CHEMNUTRA, INC.. (BRAZIL, ANTHONY)

IN RE: PET FOOD PRODUCTS LIABILITY LITIGATION

Doc. 265

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
IN RE PET FOODS PRODUCTS LIAILITY LITIGATION
lvL DOCKET NO. 1850

Case No. 07-2867 (NH)
Judge Joel L. Hillman

STIPULATION AN (pROPOSED) CONSENT ORDER TO DESTROY

CHEMNUTRA'S RETAID
WHAT GLUTEN STORED IN

TH BLOOMSBURG,
PENNSYL VANA WARHOUSE
WHEREAS, defendant ChemNutra, Inc. ("ChemNutra") brought ths matter
before the Court in ChemNutra's Motion to Destroy Retaned Wheat Gluten (Sept. 11,
2008)(Dkt. No. 203)("Motion");

WHEREAS, in the Motion and related submissions, Cheinutra represented to
the Cour and to interested paries that among the wheat gluten it has retained is wheat

gluten stored at the Steven Shanon Warehouse in Bloomsburg, Pennsylvan~ and that

all of the wheat gluten at this location comes from the XuZhou Anying Biologic

Technology Development Co. Ltd. Batch Number 20070106, Motion at 8;

WHEREAS, in the Motion and related submissions, ChemNutra fuher

represented to the Cour and to interested paries that Cheinutra did not sell, distribute
or supply any portion of

the wheat gluten from Batch Number 20070106 to any person
i

Dockets.Justia.com

or entity and that, therefore, no pets would have been exposed to food containing
Cheinutra supplied wheat gluten from this batch number, Motion at 8-9;

WHREAS, the Cour held a telephonic hearing with the paries on October 16,
2008 and ChemNutra has confirmed the representations made in its Motion;

IT is HEREBY STIPULATED by the Settlement Class, by and though
Plaintiffs' co-lead counsel and Cheinutra, by and through its counsel of

record, that

ChemNutra may immediately destroy all retained wheat gluten from Batch Number

20070106 stored at the Steven Shanon Warehouse located at 920 Milvile Road,
Bloomsburg, Pennsylvania 17815 upon entry by the Cour of this Consent Order.
IT is FUTHER STIPULATED that the destrction of

this wheat gluten shall

be take place in accordance with and under the supervision of

the FDA.

DATED: October22 , 2008

n4 . .-.-

~. HAGENS BERMN SOBOL SHAIRO, LLP

,.
W. BERMN JE HR BRECKENRDGE
1301 Fift Avenue, Suite 2900

.

Seattle, Washington 98101 Telephone: (206) 623 - 7292
Facsimile: (206) 623 - 0594

Ħeniphr~libsslaw.com
Co - Lead Counsel For Settlement Class

DATED: OctobereJ .:oo

8

MORRS POLICH & PURY LLP
2

ANTHONY G. BRAIL

KAN M. FIRSTENB RG
1055 W. Seventh Street, 24th Floor Los Angeles, CA 90017
Telephone: [phone]
Facsimile: [phone]

Email: abrazil~mpplaw.com

kfirstenberg~mplaw .com
Counsel for Defendant CHEMNUTRA INC.

SO ORDERED:

Dated: October , 2008
UNTED STATES DISTRCT JUGE

HONORALE JUGE NOEL LAWRNCE

IDLLMA

3