IN RE: PET FOOD PRODUCTS LIABILITY LITIGATION

Filing 305

MOTION to Enforce Judgment For a Show Cause Order by MENU FOODS, 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 Brief in Support of Expedited Motion, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Declaration of Cristen Rose, Esq., #10 Text of Proposed Order)(HANSON, GERARD)

IN RE: PET FOOD PRODUCTS LIABILITY LITIGATION

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY MDL Docket No. 1850 (All Cases) IN RE PET FOOD PRODUCTS LIABILITY LITIGATION Case No. 07-2867 (NLH) The Honorable Noel L. Hillman EXPEDITED MOTION OF DEFENDANTS MENU FOODS CORPORATION AND THE IAMS COMPANY FOR A SHOW CAUSE ORDER

Pursuant to Fed. R. Civ. P. 7 and L. Civ. P. 7.1, Defendants Menu Foods ("Menu Foods") and The Iams Company ("Iams") (collectively "Defendants") move this Court to enjoin Settlement Class Members Lois Slembecker and Cynt hia Dotoli from pursuing their pending litigation against Defendants in violation of this Court's Order Approving Class Action Settlement, Certifying Settlement Class, Directing Entry of Final Judgment and Awarding Attorneys' Fees and Reimbursement Expenses ("Final Approval Order") entered on November 17, 2008, and its Judgment Dismissing All Defendants With Prejudice ("Final Judgment") entered on November 19, 2008.1 Defendants also move this Court to issue an order to show cause requiring Lois Slembecker and Cynt hia Dotoli, and their attorneys, to show why they should not be held in contempt for refusing to discontinue prosecution of Released Claims against Released Entities in other courts contrary to the Final Approval Order and Final Judgment. Lead Counsel for Plaintiffs in this action do not object to this Motion.

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Nora C. Marino (the attorney for Ms. Slembecker) and William Anastasio (the attorney for Ms. Dotoli) in the pending actions at issue have been served a copy of this Motion.

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This Court should grant this Motion because: (1) Ms. Slembecker and Ms. Dotoli are Settlement Class Members who have not opted out of the Settlement Agreement; and (2) the claims in each action are "Released Claims" as defined in paragraph 6 of the Final Approval Order. Thus, pursuant to paragraphs 9 and 10 of the Final Approval Order, Ms. Slembecker and Ms. Dotoli are enjoined from prosecuting their respective actions. Further, because the United States District Court for the Southern District of New York has scheduled a hearing and pre-trial conference on April 6, 2009, in Ms. Slembecker's action, Defendants respectfully ask for expedited consideration of this Motion and for briefing on the Order to Show Cause, pursuant to this Court's authority under L. Civ. P. 7.1(d)(2). Defendants respectfully suggest a hearing on on or about April 3, 2009, so that this Court may consider this matter in advance of the hearing and pre-trial conference in the Slembecker case on April 6, 2009. Accordingly, Defendants also respectfully suggest that Ms. Slembecker, Ms. Dotoli and their counsel be required to respond to the requested Order to Show Cause on or before March 20, 2009, Defendants will respond on or before March 25, 2009, and Ms. Slembecker, Ms. Dotoli and their counsel may reply on or before April 1, 2009. Defendants also respectfully request that this Court award them the costs associated with enforcing this Court's Final Approval Order and the Final Judgment. A Memorandum in Support and a Proposed Order are submitted with this Motion.

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Respect fully submitted,

/s/ Mary E. Gately Mary E. Gately Cristen Sikes Rose DLA PIPER U.S. LLP 500 8th Street, N.W. Washington, D.C. 20004 Telephone: [phone] Telecopier: [phone] Email: [e-mail] Liaison Counsel for Defendants and Attorneys for Menu Foods Defendants

/s/ D. Jeffrey Ireland D. Jeffrey Ireland Laura A. Sanom Brian D. Wright FARUKI IRELAND & COX P.L.L. 500 Courthouse Plaza, S.W. 10 North Ludlow Street Dayton, OH 45402 Telephone: [phone] Telecopier: [phone] Email: [e-mail] Liaison Counsel for Defendants and Attorneys for Defendant The Iams Company

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