IN RE: PET FOOD PRODUCTS LIABILITY LITIGATION

Filing 335

Transcript of Proceedings held on 4/3/2009, before Judge Noel L. Hillman. Court Reporter/Transcriber Stephen J. Daner, Telephone number 609-393-3001. NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript. If no such notice is filed, the transcript will be made remotely available in electronic format to the public without redaction after ninety(90) calendar days. The redaction policy is located on our website at www.njd.uscourts.gov. Transcripts may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for release of transcript restriction. After that date it may be obtained through PACER. Redaction Request due 4/29/2009. Redacted Transcript Deadline set for 5/11/2009. Release of Transcript Restriction set for 7/7/2009. (nf, )

IN RE: PET FOOD PRODUCTS LIABILITY LITIGATION

Doc. 33

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 B E F O R E: IN RE

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

__________________________________

PET FOOD PRODUCTS CIVIL ACTION NUMBER:

MDL-07-02867 (NLH) __________________________________

ORDER TO SHOW CAUSE

DATE: APRIL 3, 2009

MITCHELL H. COHEN UNITED STATES COURTHOUSE ONE JOHN F. GERRY PLAZA, CAMDEN, NEW JERSEY, 08101

THE HONORABLE NOEL L. HILLMAN UNITED STATES DISTRICT COURT, DISTRICT OF NEW JERSEY, AT CAMDEN, NEW JERSEY.

A P P E A R A N C E S: U.S. DISTRICT COURT - CAMDEN - NEW JERSEY

Dockets.Justia.com

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WEXLER, TORISEVA, WALLACE, BY: KENNETH A. WEXLER, ESQUIRE, ATTORNEY FOR PLAINTIFFS

BERGER & MONTAGUE, BY: RUSSELL PAUL, ESQUIRE,

ATTORNEY FOR PLAINTIFFS

NORA CONSTANCE MARINO, ESQUIRE, ATTORNEY FOR PLAINTIFF, LOIS SLEMBECKER

WILLIAM T. ANASTASIO, ESQUIRE, ATTORNEY FOR PLAINTIFF CYNTHIA DOTOLI

DLA PIPER, BY: MARY GATELY, ESQUIRE

ATTORNEY FOR DEFENDANT MENU FOODS

FARUKI, IRLEAND & COX, BY: BRIAN D. WRIGHT, ESQUIRE,

ATTORNEY FOR DEFENDANT IAMS COMPANY

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 U.S. DISTRICT COURT - CAMDEN - NEW JERSEY STEPHEN J. DANER, CCR, RPR, OFFICIAL COURT REPORTER HOGAN & HARTSON BY: CRISTEN SIKES ROSE, ESQUIRE ATTORNEY FOR NESTLE, PETCO, PURINA SQUIRE, SANDERS, & DEMPSEY, BY: MARK G. GOODMAN, ESQUIRE,

ATTORNEY FOR DEFENDANTS PROCTOR & GAMBLE

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(The following takes place in open Court before the Honorable Noel L. Hillman, United States District Court, District of New Jersey, sitting at Camden, New Jersey, on April 3, 2009) THE COURT: Good morning, everyone.

Please be seated. This is Pet Food MDL -- I guess the original docket, 07-2867, and it's MDL 1850. Appearance, please? MR. WEXLER: Ken Wexler, for plaintiffs in the class. THE COURT: All right. How are you, Mr. Wexler? MR. WEXLER: Great. Thank you. MR. PAUL: Russell Paul, Berger & Montague on behalf of -THE COURT: Welcome to you as well, sir.

MS. MARINO: Good morning, Your Honor, Nora Constance Marino, representing plaintiff, Lois Slembecker. THE COURT: you. MS. MARINO: I got here first. MR. ANASTASIO: William Anastasio, representing Cynthia Dotoli. THE COURT: Mr. Anastasio, you found us here in They found room at the table for

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Camden, all the way from Summit. MR. ANASTASIO: Yes. THE COURT: Welcome. MS. GATELY: Good morning, Your Honor. Mary Gately, on behalf of Menu Foods and liaison counsel for the defendants. THE COURT: Nice to see all of you in person. All right.

After a while you were disembodied voices. Welcome. MR. WRIGHT: Brian Wright, on behalf of the Iams Company. THE COURT: Welcome.

MR. GOODMAN: Mark Goodman for Wal-Mart, Petco, Pet Smart, Target, liaison counsel for defendants. THE COURT: well. MR. GOODMAN: Thank you, Your Honor. MS. BERGE: Good morning, Your Honor, Miranda Berge. MS. ROSE: THE COURT: Cristen Rose, for Menu Foods. Yes, miss Rose. Sometimes we have Welcome to you, Mr. Goodmen, as

trouble hearing you, but we don't have trouble hearing you because we have this wonderful new sound system here, although it's highly sensitive. But I guess it's a good

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thing. It is good to see all of you, although, I have to say I'm not thrilled with the circumstances. Let's see where we are here. The only issue I'm going to address here, today, and get an update from Mr. Wexler on the money issue, but the issue for today is the order to show cause which I issued, and the matter, Miss Marino 's filing in the Southern District of New York before, I believe Judge Rakoff, and Mr. Anastasio, you have a pending matter in State Court here in New Jersey. MR. ANASTASIO: Yes, Your Honor. THE COURT: Let me -- I have read the papers.

I'm of the view at this stage, in any event, after reading the papers that both the plaintiffs in the Federal and State matters appear to be class members. Even

perhaps admitted they're class members, and I'm having a difficulty understanding why I should not enjoin both you Miss Marino, and you have Mr. Anastasio, from proceeding in those respective Courts. But, Miss Marino, you in particular make a great -- a great deal out of the due process concerns, so it would be incumbent upon me to hear you. why it's wrong. MS. MARINO: Well, Your Honor, you said you read U.S. DISTRICT COURT - CAMDEN - NEW JERSEY So you tell me

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the papers.

I don't want to be repetitive.

We simply

didn't know about the action.

If, if we knew about it, we

would have either brought the action here or opted out so we could maintain our separate action. We didn't know.

As you can see I did an extensive amount of research in the time that I had. understand that it is the law. Rule 23. And, I

I believe it's

unconstitutional, and I mean segregation was once legal and accepted. cast aside. As a separate matter I made the cross motion that my claim form at least be deemed timely filed non pro tunc, and I asked Miss Rose actually in the beginning of this when she asked me to discontinue my case, I suggested if we could sign a stip that they will accept my claim, but that they were unable to do that. My hands were tied. I had to keep my action alive in the Southern District. understand this Court maintains jurisdiction. I have a I I don't think it's fair for my client to be

client to protect, and I couldn't look my client in the eye and tell her you are out of luck, there's nothing there for you because you didn't affirmatively opt out, which really flies in the face of logic. You should really have to affirmatively opt-in. I think people get hurt and

with this type thing, and injustice is inevitable,

I'm sure my client is not the only person who has been U.S. DISTRICT COURT - CAMDEN - NEW JERSEY

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cast aside because of the notice, or the lack thereof. And if Your Honor feels that my case should be enjoined in the Southern District, I respect and understand the decision, but I would ask my cross motion be granted. I also don't believe that the defendants have sufficiently opposed my cross motion. 60. They mention Rule No one

We meet all the requirement of rule 60.

disputes my claim of, regarding the lack Constitutionality or due process. THE COURT: I don't think that's quite true.

They plainly assert, and the law seems to be clear, the Constitutionality of Rule 23 has been upheld. And, that

the process that was given here is the process that's due under the circumstances. Miss Marino, the facts are that your client retained you in August of '07. You had 15 months to

research the existence of this, the matters pending here, the fact of the recall, which had been months earlier; the fact of the matters pending here, the preliminary approval, the final approval. by you. None of that was discovered

If you had discover all that, it seems to me you Rule 11, and I'm

would have had the ability to opt out.

not prejudging whatever motions may be made in the Southern District of New York, but Rule 11 requires you to U.S. DISTRICT COURT - CAMDEN - NEW JERSEY

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engage in an inquiry into the nature of the claim, what theories exist, what Courts may be proper venues and have appropriate jurisdiction to hear those claims. If you had

done any of that research prior to November 24th, you would have been able to preserve the rights of your client. Your client is out of luck because of inaction

when you had an affirmative obligation during that period of time to research her claim and file it in an appropriate Court. I don't have that case before me, and I don't want to, you know, put you in a box. been litigated here. That issue hasn't

But it doesn't seem to me that you And the suggestion that there

served your client well.

was a lack of due process in this Court, or by these parties, could be construed as an effort to deflect the focus away from your own malpractice. MS. MARINO: Your Honor, we researched a lot about the food and about the poison. class action. But we engaged -If you researched Iams, they were If you I did not research a

THE COURT:

the subject of the proceedings in this Court.

googled Iams, you would have found the existence of this case. We put it up on the Court website. It was in every You have to

major newspaper.

It was on the nightly news.

have had your head in the sand not to know about this U.S. DISTRICT COURT - CAMDEN - NEW JERSEY

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case. MS. MARINO: Be that as it may, Your Honor, we didn't. THE COURT: I have already ruled in this case That the rule doesn't

that actual notice is not required. require it.

The Constitution doesn't require it. The

publications were not random as you described them, but carefully thought out. They were proposed to this Court, They were targeted to both You

considered by this Court.

general circulation papers, to industry newspapers.

say, yourself, that your client went to a well-renowned vet, specialized hospitals. This was, there was a

specific targeted notice to the veterinarians of the world, of the United States. Easily, could have, you

client could have easily received notice that way. You cite cases suggesting that the lack of mailing or direct notice would be a Constitutional infirmity. We had mailings to all known claimants in an effort to reach them as well. Your papers to me present arguments which you disagree with Supreme Court precedent. bound by the Supreme Court. This Court is

I don't have any authority to

reject a Supreme Court decision because its reasoning is not consistent, in your view, with its decision. I'm not

sure why the 14th Amendment is thrown up at me unless this U.S. DISTRICT COURT - CAMDEN - NEW JERSEY

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involves citation to case law that involves class actions pending in State Courts. by me in this Court. The precise issue was ruled upon

You were aware at least by December

that this case could implicate your proceedings, and yet you did nothing to come to me. We had to come to you. We

had to go track you down and bring you here to ask you why you're continuing to proceed in a Court in which a fair construction of my order would lead a reasonable attorney to know that you were acting in actual contempt of my order. You didn't come here. MS. MARINO: I did contact the Court, Your Honor. THE COURT: You didn't file a motion. You

didn't seek to intervene or to contest the final judgment or appeal this matter. You continued to litigate in

another forum in what could be fairly construed as actual contempt of my outstanding order, which you were given -talk about actual notice, the defendants told you about it. MS. MARINO: Yes. At that time I said just let's

extend the time to answer and try to figure this out here. THE COURT: You didn't come to me. The defendants made an

MS. MARINO: That's true. order to show cause, and here I am. THE COURT: Here you are.

You argue case law that has, talks about U.S. DISTRICT COURT - CAMDEN - NEW JERSEY

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settlements that don't have opt out provisions. opt out provisions here.

We had

I just -- this is as close to And I

sanctionable conduct as I have seen in a long time.

don't know what else to say about it other than I -- it seems to me it was not the case with regard to the claims that one could recover up to 100 percent of your vet bills and actual damages, as part of that settlement here. MR. WEXLER: That was our goal. THE COURT: documented damages. And $900 for those who didn't have You've asserted that there's no

provision in this to address your client's damages, which is factually inaccurate. MS. MARINO: I apologize. time to prepare my papers. THE COURT: There's not a lot of

I did the best that I could.

You had 15 months, Miss Marino, 15

months between the -- the affidavit of your client that says she retained you in August of '07. You had 15 months to figure out what claims she had and where they could be asserted. And, you waited until literally the day that

the claims period expired, after extensive hearings in this Court, carefully calculated notice and broad publicity. I think if your client's pet died as a result of the food manufactured by Iams or Menu Foods, then she perhaps was a victim. But I think she was victimized

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twice by your failure to adequately address the legal remedies available to her, and I don't think it's fair for you to attribute to these parties or to this Court a lack of due process. So, unless you have something else to add, I'm inclined to enjoin you from proceeding in the Southern District of New York. At this point I'm not going to It seems to me that it

direct you to dismiss the case.

would, I want to be respectful of Judge Rakoff and his docket. But if you continue to prosecute that case, you

will be in my mind in contempt of this Court and this Court's orders. I leave it to you what you need to do to be in compliance. MS. MARINO: I understand that, and the cross motion, Your Honor? THE COURT: Well, let me ask Mr. Wexler if I Do

could what the status of the various claims are, here. the likely claim exceeds the fund? MR. WEXLER: They do.

We have 25,000 claims and We get All the

we're in the middle of the adjusting process.

periodic reports from Heffler, the administrator. claims have not been vetted, yet. end number will be. process. U.S. DISTRICT COURT - CAMDEN - NEW JERSEY

We don't know what the

There are, they're just in that

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Now typically what will happen at the end of the process, Heffler will make a recommendation to us and give us the reasons why they are rejecting certain claims or accepting claims; this one was late; this one was not; whatever their recommendation is, and we will confirm on ourselves and come to the Court with a proposed distribution order and recommendation, and ask for Your Honor's blessing of the distribution. It's really premature to be able to judge, even whether this claim would have an impact because until the vetting process is finished, we really don't know the aggregate number that is going to be requested to be paid out to people and how that, whether there is a serious pro rata distribution or whether it's 100 percent or not. can't tell, yet. THE COURT: Does the claim administrator have We

the capacity to keep a record of claims filed out of time? MR. WEXLER: Yes. And we asked them to do that because it's not unusual for claims to have come in late. It's just not in a class action, whether securities case, consumer case, antitrust or anything else. And, sometimes

the administrator rejects it out of hand for that reason. Sometimes they make a recommendation it be rejected out of hand or that it, you know, so long as -- the key in my experience is whether or not consideration of the claim U.S. DISTRICT COURT - CAMDEN - NEW JERSEY

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will affect the overall administration process.

This

case, considering where we are in the process, I would say, no, it would not. But whether or not it would be

accepted is another matter. THE COURT: All right.

My thought was that there were -- there were provisions to pay over the remainder to charitable organizations. One could argue that it would be more

fair, if there were in fact extra funds available, that perhaps they would be best applied to actual out of time claims. But that's why I asked. MR. WEXLER: I think it's a great idea, but I think what we're looking at, realistically, based on the number of claims which I think the last time we were here we were, it was 13,000. When the doors closed it became, it was 25,000. They have to be, you know, there are

standards that the administrator has to apply to make sure that these are all legitimate claims, and it appears now that there will be no remainder for charities. don't know. THE COURT: Well -- I'm sorry, Miss Gately. But we

MS. GATELY: May I say something for a moment? THE COURT: Sure.

MS. GATELY: I would just note in our papers we sort of set forth our position on the late filing of the U.S. DISTRICT COURT - CAMDEN - NEW JERSEY

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claims which was, we said under the circumstances, this isn't the right case for the Court the exercise its discretion in that way. I would note for the Court that next week we have a reply brief due in the Southern District of New York and as recently as last week we had a brief filed by Miss Marino requesting the Southern District to proceed ahead full steam. Under these circumstances, I wanted to note that for the Court, because we are continuing to have to expend money to, you know, fight on two fronts, and I think if we turn back to the point in time when she embarked on this filing her claim, on November 24th in the Southern District of New York instead of coming here, what we told her at that time was dismiss your case in the Southern District of New York, make your application here to this Court, and that wasn't done. Under these circumstances, I

would present that I have an objection to the Court having the late claim, but we are continuing to expend extensive resources which is not fair to the defendants at this stage of the case. MR. WEXLER: With respect to that -THE COURT: I'm sorry. I don't want to lose the

thought that I'm hoping it will end. MS. GATELY: Me, too, Your Honor. U.S. DISTRICT COURT - CAMDEN - NEW JERSEY

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MS. MARINO: Your Honor, I do not believe a reply brief will be necessary. the Southern District. MR. WEXLER: With respect to the continuation of expenditures of costs, which I certainly sympathize with under these circumstances, you know, the late claim and how it's considered has no impact on the defendants at all. THE COURT: They have a -It's a liquidated I will discontinue the case in

MR. WEXLER: They will pay.

It's, you know, we have to consider together the

impact of late claims on other payments to the class and whether permitted or not. At this juncture it's been So, it's a

submitted to the administrator who has it.

question of whether it just gets considered with everything else, but the lateness is noted. We are aware

of this, the peculiarities attached to this claim, and at the appropriate time we will be able to address it with a recommendation. But it's just premature. So there exists at least the

THE COURT:

possibility that if one determined that the pro rata impact on all of the other claimants was, is minimal, that some recovery to this or other late claimants might be at the end of the day some possible amendment of the overall settlement, and in the interest of fairness. U.S. DISTRICT COURT - CAMDEN - NEW JERSEY

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MR. WEXLER: Yes.

I don't know it requires an

amendment, but, yes, we understand, and this is one of the issue with notice. Notice is not perfect. Sometimes Maybe a good reason. Maybe

people are a little late. there isn't. well.

And, it has to be taken into account as

But, and maybe under these circumstances it's not a But it's just like I said, it's premature. We well test the impact of the

good reason.

It may be appropriate.

late claims on pro rata distributions or full distributions and be able to make a judgement at that point. I could just tell you the volume, though, and how its been constructed that you can imagine, particularly in the undocumented phase where the administrator has to read the explanations. very, very long. Pull out the numbers. Some are

It's a, it's a

longer process than we all would like, but it's, that's what is taking place now, and it's premature to make a judgment of the effect of late claims on distributions. THE COURT: All right. I feel comfortable

exercising jurisdiction and enjoining further proceedings that, by class members in violation of my previous order. I would be, I would at least need briefing on the issue of any possible amendment of the final plain or final orders here because we do have a pending appeal, do we not? U.S. DISTRICT COURT - CAMDEN - NEW JERSEY

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MR. WEXLER: We do.

I would not make a -- this

would come up, we will bring a motion to distribute the funds at which time we will address this issue with Your Honor. That's what we do as class counsel. Being here

today and hearing your concerns and the arguments and talking to defense counsel, we're, you know, we deal with late claims on a regular basis. Sometimes we ask for them

to be permitted and sometimes we ask for them not to be. We'll give an explanation and brief the issue. THE COURT: Perhaps one of the reasons why the

final order recognized the continuing jurisdiction of this Court. MR. WEXLER: That's right. THE COURT: To see that settlement terms are

ultimately put in place; that the relief negotiated is implemented; and to the extent this Court would exercise such powers, the continuing equitable power of the Court should insure a just result under the circumstance. MR. WEXLER: That's right. THE COURT: Mr. Anastasio hasn't been heard

from, yes, but has his client put in a claim, Mr. Wexler, to your knowledge? MR. WEXLER: We don't know. MR. ANASTASIO: No, Your Honor. would like the opportunity to do so. Although we

My client was among

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that group that had two dogs that died as a result of the food. My client psychologically spun out of control and

her entire life melted down with every characteristic you could imagine associated with that, what I'm describing. She did come to me with this matter. unaware of the claim. I was

Perhaps I'm in the same group as

Miss Constance Marino, with regard to the not making adequate preparation. THE COURT: I'm not asking you to fall on your

sword, Mr. Anastasio. Your papers were -MR. ANASTASIO: My client is among that group also that the, this litigation and settlement was specifically designed to assist. She has medical bills. She is among that group.

She has costs of purchase of her

dogs -- all of the information needed in order to demonstrate that she in fact is among the group who this entire litigation was designed to benefit, and to resolve the issue that was the very issue that is in her case. Failure by either counsel or through information distribution, in not knowing that there were time limits in the filings, and in the end, the result is that the person who has been victimized is now victimized again. I understand there needs to be on the part of Menu Foods and the other defendants that an answer to the solution to this to move on and an end to it as with all U.S. DISTRICT COURT - CAMDEN - NEW JERSEY

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Court proceedings.

Reviewing the Judge's order, reviewing

the fillings, and all of that, clearly there's ample legal basis to overcome the objections raised by counsel. However, in that the Menu Foods and other plaintiffs really in no way would be harmed by my client being included in on that class, and being that it would be an additional devastation for my client after having lost the two dog, having lost her family, and all of the other things that occurred as a result of some of these actions, that in the interest of true justice to the individual, I think that it would be appropriate to include her in that class of people who could at lease benefit, to the limited extent that the settlement consent order allows. THE COURT: Well, are you familiar, Mr.

Anastasio, with the Chancellor's foot? MR. ANASTASIO: No, Your Honor. THE COURT: The -- first of all I think Mr.

Wexler has recognized, and suggested to me that the proceedings pending before me have some room for equitable considerations at the end of the line. to equity. There's value to the law. There are limits You have rules and

they're followed.

Then there is, and there is adequate

notice then there is a fairness to the uniform application of a known rule. But if I exercised my equity and let a

couple people in the door after the door is closed, it U.S. DISTRICT COURT - CAMDEN - NEW JERSEY

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raises another equitable issue, and that is the equitable issue associated with all those other people out there who also didn't get it in time and also suffered a loss, and also suffered harm. This is an imperfect system. But,

why should I cut the recovery for those who followed the rule of law, followed the orders of the Court, and made timely claims in order to benefit your clients when there were other people similar situated who will recover nothing. The notion of the Chancellor's foot is equity is

in the, is in the power of the Court, but every Court that exercises it would, and sees it differently. You might as

well measure the Chancellor's foot to determine the extent of the equity that would be granted. inequities, its own unfairness. So I'm going to leave it to another day, and Mr. Wexler's advocacy and good judgment as this thing moves forward to see how the claims play out. Nothing that I That has its own

would do today here should be construed as any prejudice to Miss Marino's application to the claims administrator or to any that you might file, or indeed any that might come in late. late. But you will have to recognize that you're

The issue of the adequacy of this, the notice and

adequacy of this settlement will be decided, it seems to me, by the Court of Appeals, and if it's affirmed, then this issue will be joined. But in the interim you have

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all the other remedies available to you at law, and my suggestion is that you get in line and see how it plays out. MS. MARINO: For the record, we will withdraw our State action. THE COURT: All right. That would be consistent

with the orders previously ordered, entered by this Court. MR. ANASTASIO: Yes, Your Honor. THE COURT: And any further prosecution of those

actions will be considered by this Court as a potential act of contempt. MR. ANASTASIO: I understand. THE COURT: Anything further, Miss Gately?

I see in your footnote that you are willing, despite the positions you have taken, and I take no issue with them, it seems to me you are gracious in your footnote with regard to attorney fees, that you will give Miss Marino and Mr. Anastasio another chance to do the right thing. MS. GATELY: That's right, Your Honor. THE COURT: Without prejudice.

MS. GATELY: Without prejudice to a future application if they continue their cases. The only remaining matter, I could give an update relating to the status of the Canadian order when U.S. DISTRICT COURT - CAMDEN - NEW JERSEY

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you are ready. THE COURT: The Canadian order --

MS. GATELY: Of the Provinces. THE COURT: Let's wrap this one up. Miss Gately, I'll ask you to submit an order, a final order enjoining the plaintiffs in the pending matter in the Southern District, and the matter in the New Jersey State Court from proceeding further in those, prosecuting those claims in these Courts. I'll ask you to draft it in

a way that makes -- I don't quite feel comfortable ordering them to dismiss them. I'm not sure there's much

of a distinction there, but I certainly feel comfortable enjoining them from proceeding further. MS. GATELY: I'm clear on how to do that. THE COURT: All right.

I'm going to deny, to the extent that the requested relief includes attorney's fees, I'm going to deny that without prejudice. I'm going to deny the cross

motion to allow for the claims to be recognized as a timely claim, to be filed timely, non pro tunc. And, I'll deny the, that the sum certain be allowed for that claim. Nothing in that ruling, as I indicated, will preclude the claims administrator from acknowledging, recording, and in essence placing on the shelf any out of time claims, including any filed in the future by Mr. U.S. DISTRICT COURT - CAMDEN - NEW JERSEY

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Anastasio's client, and the one that has been claimed, and perhaps further supplemented by submissions made by Miss Marino. Whether those are recognized by this Court at the end of the day requires more proceedings, more history, and a report by the claims administrator when we come to the final distribution. I will take up any legal

and equitable arguments regarding those claims when that issue is properly joined. Anything further, Miss Marino? MS. MARINO: No, Your Honor. THE COURT: Mr. Anastasio?

MR. ANASTASIO: No, Your Honor. THE COURT: Anything further, Miss Gately?

MS. GATELY: No, Your Honor. THE COURT: issue? MR. WEXLER: No. Thank you. THE COURT: All right. You covered it. Mr. Wexler, anything further on that

Miss Gately, how many Provinces are there in Canada? MS. GATELY: We have 7 of 9. We're getting there slowly, ever so slowly. still holding out. Alberta and New Brunswick are

Alberta, as I mentioned in one of the

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prior telephonic status hearings, had raised an issue with respect to the currency issue, that the Canadian plaintiffs had raised, and there has been a back and forth from the plaintiff's lawyers in Canada responding to the Court's inquiry, and I think we expect that that has been resolved, and that there's nothing that's stopping the Court from issuing the order, but not -- New Brunswick is just taking its time. THE COURT: An island unto itself. Or connected

to the mainland, but in any event, it's encouraging we have 7 of 9. other 2. A little bit frustrating we don't have the

It's clear to me you have been working

diligently on it, consistently, and that it's once again just a matter of time. Is that a fair assessment? My Canadian

MS. GATELY: Yes, Your Honor.

counsel again predicts a week, 10 days, hopefully, and they expect to get the other orders. that, but that's what they expect. THE COURT: All right. They can't guarantee

Mr. Wexler, is that your understanding? MR. WEXLER: We are hostage to the Canadians right now. It is my understanding. THE COURT: All right.

And nothing else that you can do that you haven't already done in anticipation of those orders. U.S. DISTRICT COURT - CAMDEN - NEW JERSEY

27

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

There's a place, once the orders are in place and no longer in violation of the Canadian orders that the mechanism is in place? MR. WEXLER: We have an escrow set up as Wells Fargo. It's ready to receive funds as soon as the matter

is funded, which is after New Brunswick and Alberta weigh in. THE COURT: Miss Gately on behalf of the

defendants and various contributors to the fund, there continues to be no reason to believe that the money is not still available and ready to be contributed to the fund at the appropriate time. MS. GATELY: We can't wait to get the funds in there. We've been ready, willing, and able to get it in

for quite some time. THE COURT: As Mr. Anastasio and Miss Marino's

presence make clear, there's a lot of people in line and waiting. So, I can continue to appreciate the efforts of everyone to work through the difficult issue to deal with the multi-jurisdictional wrinkles. There's nothing more

I can do except thank you for your updates, and thank you, and await the final word. I suppose we should set it down for a telephone conference. Miss Neuvoa is right on the spot here. April

U.S. DISTRICT COURT - CAMDEN - NEW JERSEY

28

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

20th, 2009, at 1:00 o'clock, if we could have our standard telephone conference? It's another 17 days, which even by

Canadian time should be all right. MS. MARINO: It does not include myself and Mr. Anastasio, correct? THE COURT: Subject to our jurisdiction, as a

result of the finally settlement order, and order to show cause, but we have liaison counsel on the plaintiff's side and on the defense side. You have not formally intervened

in these proceedings, so although as a member of the class you are entitled to all the rights attendant to that status, and I ask you to confer with Mr. Wexler about the status of the case so that you are aware of the nature of the proceedings here, but this is conference for liaison counsel only. MS. MARINO: Thank you. THE COURT: All right.

Anything further for today? I know I have some pending motions that I'll take up shortly. I may have you back here on one of them, One, I believe is an issue with

but -- they're t'd up.

regard to the destruction of the inventory which was not fully briefed. MR. WEXLER: We are filing a brief, today. THE COURT: All right. I'll take that up and

U.S. DISTRICT COURT - CAMDEN - NEW JERSEY

29

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

the other issue concerning the appeal in short order. Please expect something soon or otherwise you'll hear from the Court concerning the scheduling of a hearing.

MR. WEXLER: Yes, sir. MS. GATELY: Thank you, Your Honor. THE COURT: Thank you all for being here.

Mr. Anastasio and Miss Marino, I expect you'll be getting in line. Unfortunately it's the end of the

line, but you will be in line, and I'll sign the order that I have asked for promptly when it's submitted. The record will reflect the denial of the motions. If the order could also specify the ruling with

regard to the motions I would appreciate it. MS. GATELY: Yes, Your Honor. THE COURT: Nice to see you all again.

Good luck, and see you again, soon. (At which time the matter was adjourned) *******

U.S. DISTRICT COURT - CAMDEN - NEW JERSEY

30

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

C E R T I F I C A T E.

I, Stephen J. Daner, C.C.R., Official United States Court Reporter and Certified Court Reporter of the State of New Jersey, do hereby certify that the foregoing is a true and accurate transcript of the testimony as taken stenographically by and before me at the time, place and on the date hereinbefore set forth. I do further certify that I am neither a relative nor employee nor attorney nor counsel of any of the parties to this action, and that I am neither a relative nor employee of such attorney or counsel and that I am not financially interested in this action.

__S/STEPHEN J. DANER_____________________________ STEPHEN J. DANER, C.C.R. Certificate No. 30X100151400 Date: April 4, 2009

U.S. DISTRICT COURT - CAMDEN - NEW JERSEY

0

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 U.S. DISTRICT COURT - CAMDEN - NEW JERSEY

1

$
$900 [1] - 12:9

9
9 [2] - 25:23, 26:11

'
'07 [2] - 8:17, 12:17

A
ability [1] - 8:23 able [5] - 9:5, 14:9, 17:18, 18:10, 27:14 accept [1] - 7:15 accepted [2] - 7:9, 15:4 accepting [1] - 14:4 account [1] - 18:5 accurate [1] - 30:8 acknowledging [1] 24:23 act [1] - 23:11 acting [1] - 11:9 ACTION [1] - 1:8 action [9] - 7:2, 7:3, 7:4, 7:17, 9:19, 14:20, 23:5, 30:13, 30:15 actions [3] - 11:1, 21:9, 23:10 actual [6] - 10:5, 11:9, 11:15, 11:17, 12:7, 15:10 add [1] - 13:5 additional [1] - 21:7 address [5] - 6:5, 12:11, 13:1, 17:18, 19:3 adequacy [2] 22:22, 22:23 adequate [2] - 20:8, 21:22 adequately [1] - 13:1 adjourned [1] 29:19 adjusting [1] - 13:21 administration [1] 15:1 administrator [9] 13:22, 14:16, 14:22, 15:17, 17:14, 18:15, 22:19, 24:23, 25:6 admitted [1] - 6:17 advocacy [1] - 22:16 affect [1] - 15:1 affidavit [1] - 12:16 affirmatively [2] 7:21, 7:23 affirmed [1] - 22:24 aggregate [1] - 14:12 ahead [1] - 16:8 Alberta [3] - 25:24, 25:25, 27:6

0
07-2867 [1] - 4:8 08101 [1] - 1:19

1
10 [1] - 26:16 100 [2] - 12:6, 14:14 11 [2] - 8:23, 8:25 13,000 [1] - 15:15 14th [1] - 10:25 15 [4] - 8:17, 12:15, 12:17 17 [1] - 28:2 1850 [1] - 4:8 1:00 [1] - 28:1

2
2 [1] - 26:12 2009 [4] - 1:15, 4:4, 28:1, 30:22 20th [1] - 28:1 23 [2] - 7:6, 8:13 24th [2] - 9:4, 16:13 25,000 [2] - 13:20, 15:16

3
3 [2] - 1:15, 4:4 30X100151400 [1] 30:22

4
4 [1] - 30:22

6
60 [2] - 8:8

7
7 [2] - 25:23, 26:11

alive [1] - 7:17 allow [1] - 24:19 allowed [1] - 24:21 allows [1] - 21:13 Amendment [1] 10:25 amendment [3] 17:24, 18:2, 18:24 amount [2] - 7:5, 17:11 ample [1] - 21:2 Anastasio [12] 4:23, 4:25, 6:10, 6:19, 19:20, 20:10, 21:15, 23:18, 25:12, 27:16, 28:5, 29:9 ANASTASIO [10] 2:12, 4:23, 5:2, 6:12, 19:24, 20:11, 21:16, 23:8, 23:12, 25:13 Anastasio's [1] 25:1 answer [2] - 11:20, 20:24 anticipation [1] 26:25 antitrust [1] - 14:21 apologize [1] - 12:13 appeal [3] - 11:14, 18:25, 29:1 Appeals [1] - 22:24 appear [1] - 6:16 Appearance [1] - 4:9 application [4] 16:16, 21:23, 22:19, 23:23 applied [1] - 15:10 apply [1] - 15:17 appreciate [2] 27:19, 29:15 appropriate [6] - 9:3, 9:9, 17:18, 18:8, 21:11, 27:12 approval [2] - 8:21 April [3] - 4:4, 27:25, 30:22 APRIL [1] - 1:15 argue [2] - 11:25, 15:8 arguments [3] 10:20, 19:5, 25:8 aside [2] - 7:10, 8:1 assert [1] - 8:12 asserted [2] - 12:10, 12:19 assessment [1] 26:14 assist [1] - 20:13 associated [2] 20:4, 22:2

AT [1] - 1:23 attached [1] - 17:17 attendant [1] - 28:11 ATTORNEY [8] - 2:3, 2:7, 2:10, 2:13, 2:17, 2:21, 3:4, 3:8 attorney [4] - 11:8, 23:17, 30:12, 30:14 attorney's [1] - 24:17 attribute [1] - 13:3 August [2] - 8:17, 12:17 authority [1] - 10:22 available [4] - 13:2, 15:9, 23:1, 27:11 await [1] - 27:23 aware [3] - 11:3, 17:16, 28:13

B
based [1] - 15:13 basis [2] - 19:7, 21:3 became [1] - 15:15 beginning [1] - 7:13 behalf [4] - 4:16, 5:6, 5:11, 27:8 benefit [3] - 20:17, 21:12, 22:7 BERGE [1] - 5:19 Berge [1] - 5:20 BERGER [1] - 2:5 Berger [1] - 4:15 best [2] - 12:14, 15:10 between [1] - 12:16 bills [2] - 12:6, 20:14 bit [1] - 26:11 blessing [1] - 14:8 bound [1] - 10:22 box [1] - 9:11 Brian [1] - 5:11 BRIAN [1] - 2:20 brief [5] - 16:5, 16:6, 17:2, 19:9, 28:24 briefed [1] - 28:23 briefing [1] - 18:23 bring [2] - 11:6, 19:2 broad [1] - 12:21 brought [1] - 7:3 Brunswick [3] 25:24, 26:7, 27:6 BY [6] - 2:2, 2:6, 2:16, 2:20, 3:3, 3:7

C
C.C.R [2] - 30:5,

30:21 calculated [1] 12:21 Camden [2] - 4:3, 5:1 CAMDEN [2] - 1:19, 1:23 Canada [2] - 25:22, 26:4 Canadian [6] - 23:25, 24:2, 26:2, 26:15, 27:2, 28:3 Canadians [1] 26:21 capacity [1] - 14:17 carefully [2] - 10:8, 12:21 case [21] - 7:14, 8:2, 9:10, 9:23, 10:1, 10:4, 11:1, 11:4, 11:25, 12:5, 13:8, 13:10, 14:20, 14:21, 15:2, 16:2, 16:15, 16:21, 17:2, 20:18, 28:13 cases [2] - 10:16, 23:23 cast [2] - 7:10, 8:1 CAUSE [1] - 1:13 CCR [1] - 3:11 certain [2] - 14:3, 24:21 certainly [2] - 17:5, 24:12 Certificate [1] 30:22 Certified [1] - 30:6 certify [2] - 30:7, 30:11 chance [1] - 23:18 Chancellor's [3] 21:15, 22:9, 22:12 characteristic [1] 20:3 charitable [1] - 15:7 charities [1] - 15:19 circulation [1] 10:10 circumstance [1] 19:18 circumstances [7] 6:3, 8:15, 16:1, 16:9, 16:17, 17:6, 18:6 citation [1] - 11:1 cite [1] - 10:16 CIVIL [1] - 1:8 claim [17] - 7:12, 7:15, 8:9, 9:1, 9:8, 13:19, 14:10, 14:16, 14:25, 16:13, 16:19, 17:6, 17:17, 19:21, 20:6, 24:20, 24:21

U.S. DISTRICT COURT - CAMDEN - NEW JERSEY

2

claimants [3] 10:18, 17:22, 17:23 claimed [1] - 25:1 claims [28] - 9:3, 12:5, 12:18, 12:20, 13:18, 13:20, 13:23, 14:3, 14:4, 14:17, 14:19, 15:11, 15:14, 15:18, 16:1, 17:12, 18:9, 18:19, 19:7, 22:7, 22:17, 22:19, 24:9, 24:19, 24:23, 24:25, 25:6, 25:8 class [12] - 4:11, 6:16, 6:17, 9:19, 11:1, 14:20, 17:12, 18:22, 19:4, 21:6, 21:12, 28:10 clear [4] - 8:12, 24:14, 26:12, 27:17 clearly [1] - 21:2 client [18] - 7:9, 7:19, 7:25, 8:16, 9:6, 9:13, 10:11, 10:15, 12:16, 19:21, 19:25, 20:2, 20:11, 21:5, 21:7, 25:1 client's [2] - 12:11, 12:23 clients [1] - 22:7 close [1] - 12:2 closed [2] - 15:15, 21:25 COHEN [1] - 1:17 comfortable [3] 18:20, 24:10, 24:12 coming [1] - 16:14 COMPANY [1] - 2:21 Company [1] - 5:12 compliance [1] 13:14 concerning [2] 29:1, 29:3 concerns [2] - 6:22, 19:5 conduct [1] - 12:3 confer [1] - 28:12 conference [3] 27:25, 28:2, 28:14 confirm [1] - 14:5 connected [1] - 26:9 consent [1] - 21:13 consider [1] - 17:11 consideration [1] 14:25 considerations [1] 21:20 considered [4] 10:9, 17:7, 17:15, 23:10

considering [1] 15:2 consistent [2] 10:24, 23:6 consistently [1] 26:13 CONSTANCE [1] 2:9 Constance [2] 4:19, 20:7 Constitution [1] 10:6 Constitutional [1] 10:17 Constitutionality [2] - 8:9, 8:13 constructed [1] 18:13 construction [1] 11:8 construed [3] - 9:15, 11:15, 22:18 consumer [1] - 14:21 contact [1] - 11:11 contempt [4] - 11:9, 11:16, 13:11, 23:11 contest [1] - 11:13 continuation [1] 17:4 continue [3] - 13:10, 23:23, 27:19 continued [1] - 11:14 continues [1] - 27:10 continuing [5] 11:7, 16:10, 16:19, 19:11, 19:17 contributed [1] 27:11 contributors [1] 27:9 control [1] - 20:2 correct [1] - 28:5 costs [2] - 17:5, 20:14 counsel [11] - 5:7, 5:15, 19:4, 19:6, 20:19, 21:3, 26:16, 28:8, 28:15, 30:12, 30:14 couple [1] - 21:25 Court [42] - 4:1, 4:2, 6:11, 7:18, 9:9, 9:14, 9:21, 9:23, 10:8, 10:9, 10:21, 10:22, 10:23, 11:3, 11:7, 11:11, 12:21, 13:3, 13:11, 14:6, 16:2, 16:4, 16:10, 16:17, 16:18, 19:12, 19:16, 19:17, 21:1, 22:6, 22:10,

22:24, 23:7, 23:10, 24:8, 25:4, 26:7, 29:3, 30:5, 30:6 COURT [58] - 1:1, 1:23, 3:12, 4:5, 4:12, 4:17, 4:20, 4:25, 5:3, 5:8, 5:13, 5:16, 5:22, 6:13, 8:11, 9:20, 10:4, 11:12, 11:21, 11:24, 12:9, 12:15, 13:17, 14:16, 15:5, 15:21, 15:23, 16:23, 17:9, 17:20, 18:20, 19:10, 19:14, 19:20, 20:9, 21:14, 21:17, 23:6, 23:9, 23:13, 23:21, 24:2, 24:4, 24:15, 25:12, 25:14, 25:16, 25:20, 26:9, 26:19, 26:23, 27:8, 27:16, 28:6, 28:17, 28:25, 29:8, 29:17 Court's [2] - 13:12, 26:5 COURTHOUSE [1] 1:17 Courts [4] - 6:20, 9:2, 11:2, 24:9 covered [1] - 25:18 COX [1] - 2:19 Cristen [1] - 5:21 CRISTEN [1] - 3:7 cross [5] - 7:11, 8:4, 8:7, 13:15, 24:18 currency [1] - 26:2 cut [1] - 22:5 CYNTHIA [1] - 2:13 Cynthia [1] - 4:24

D
damages [3] - 12:7, 12:10, 12:11 Daner [1] - 30:5 DANER [3] - 3:11, 30:21, 30:21 DATE [1] - 1:15 date [1] - 30:10 Date [1] - 30:22 days [2] - 26:16, 28:2 deal [3] - 6:22, 19:6, 27:20 December [1] - 11:3 decided [1] - 22:23 decision [3] - 8:4, 10:23, 10:24 deemed [1] - 7:12 DEFENDANT [2] 2:17, 2:21

defendants [9] - 5:7, 5:15, 8:6, 11:17, 11:22, 16:20, 17:7, 20:24, 27:9 DEFENDANTS [1] 3:4 defense [2] - 19:6, 28:9 deflect [1] - 9:15 demonstrate [1] 20:16 DEMPSEY [1] - 3:2 denial [1] - 29:13 deny [4] - 24:16, 24:18, 24:21 described [1] - 10:7 describing [1] - 20:4 designed [2] - 20:13, 20:17 despite [1] - 23:15 destruction [1] 28:22 determine [1] - 22:12 determined [1] 17:21 devastation [1] 21:7 died [2] - 12:23, 20:1 differently [1] 22:11 difficult [1] - 27:20 difficulty [1] - 6:18 diligently [1] - 26:13 direct [2] - 10:17, 13:8 disagree [1] - 10:21 discontinue [2] 7:14, 17:2 discover [1] - 8:22 discovered [1] - 8:21 discretion [1] - 16:3 disembodied [1] 5:9 dismiss [3] - 13:8, 16:15, 24:11 disputes [1] - 8:9 distinction [1] 24:12 distribute [1] - 19:2 distribution [ 5 ] 14:7, 14:8, 14:14, 20:20, 25:7 distributions [3] 18:9, 18:10, 18:19 District [13] - 4:2, 4:3, 6:9, 7:17, 8:3, 8:25, 13:7, 16:5, 16:7, 16:14, 16:16, 17:3, 24:7 DISTRICT [4] - 1:1,

1:2, 1:22, 1:23 DLA [1] - 2:15 docket [2] - 4:8, 13:10 documented [1] 12:10 dog [1] - 21:8 dogs [2] - 20:1, 20:15 done [3] - 9:4, 16:17, 26:25 door [2] - 21:25 doors [1] - 15:15 Dotoli [1] - 4:24 DOTOLI [1] - 2:13 down [3] - 11:6, 20:3, 27:24 draft [1] - 24:9 due [6] - 6:22, 8:10, 8:14, 9:14, 13:4, 16:5 during [1] - 9:7

E
Easily [1] - 10:14 easily [1] - 10:15 effect [1] - 18:19 effort [2] - 9:15, 10:19 efforts [1] - 27:19 either [2] - 7:3, 20:19 embarked [1] - 16:12 employee [2] 30:12, 30:13 encouraging [1] 26:10 end [9] - 13:24, 14:1, 16:24, 17:24, 20:21, 20:25, 21:20, 25:5, 29:10 engage [1] - 9:1 engaged [1] - 9:19 enjoin [2] - 6:18, 13:6 enjoined [1] - 8:3 enjoining [3] - 18:21, 24:6, 24:13 entered [1] - 23:7 entire [2] - 20:3, 20:17 entitled [1] - 28:11 equitable [5] - 19:17, 21:19, 22:1, 25:8 equity [4] - 21:21, 21:24, 22:9, 22:13 escrow [1] - 27:4 ESQUIRE [8] - 2:2, 2:6, 2:9, 2:12, 2:16, 2:20, 3:3, 3:7

U.S. DISTRICT COURT - CAMDEN - NEW JERSEY

3

essence [1] - 24:24 event [2] - 6:14, 26:10 exceeds [1] - 13:19 except [1] - 27:22 exercise [2] - 16:2, 19:16 exercised [1] - 21:24 exercises [1] - 22:11 exercising [1] 18:21 exist [1] - 9:2 existence [2] - 8:18, 9:22 exists [1] - 17:20 expect [5] - 26:5, 26:17, 26:18, 29:2, 29:9 expend [2] - 16:10, 16:19 expenditures [1] 17:5 experience [1] 14:25 expired [1] - 12:20 explanation [1] 19:9 explanations [1] 18:15 extend [1] - 11:20 extensive [3] - 7:5, 12:20, 16:19 extent [4] - 19:16, 21:13, 22:12, 24:16 extra [1] - 15:9 eye [1] - 7:20

F
face [1] - 7:22 fact [4] - 8:19, 8:20, 15:9, 20:16 facts [1] - 8:16 factually [1] - 12:12 Failure [1] - 20:19 failure [1] - 13:1 fair [6] - 7:9, 11:7, 13:2, 15:9, 16:20, 26:14 fairly [1] - 11:15 fairness [2] - 17:25, 21:23 fall [1] - 20:9 familiar [1] - 21:14 family [1] - 21:8 Fargo [1] - 27:5 FARUKI [1] - 2:19 Federal [1] - 6:15 fees [2] - 23:17,

24:17 fight [1] - 16:11 figure [2] - 11:20, 12:18 file [3] - 9:8, 11:12, 22:20 filed [5] - 7:12, 14:17, 16:6, 24:20, 24:25 filing [4] - 6:8, 15:25, 16:13, 28:24 filings [1] - 20:21 fillings [1] - 21:2 final [8] - 8:21, 11:13, 18:24, 19:11, 24:6, 25:7, 27:23 finally [1] - 28:7 financially [1] 30:14 finished [1] - 14:11 first [2] - 4:22, 21:17 flies [1] - 7:22 focus [1] - 9:16 followed [3] - 21:22, 22:5, 22:6 following [1] - 4:1 FOOD [1] - 1:7 food [3] - 9:18, 12:24, 20:2 Food [1] - 4:7 Foods [5] - 5:6, 5:21, 12:24, 20:24, 21:4 FOODS [1] - 2:17 foot [3] - 21:15, 22:9, 22:12 footnote [2] - 23:14, 23:17 FOR [9] - 1:2, 2:3, 2:7, 2:10, 2:13, 2:17, 2:21, 3:4, 3:8 foregoing [1] - 30:7 form [1] - 7:12 formally [1] - 28:9 forth [3] - 15:25, 26:3, 30:10 forum [1] - 11:15 forward [1] - 22:17 fronts [1] - 16:11 frustrating [1] 26:11 full [2] - 16:8, 18:9 fully [1] - 28:23 fund [3] - 13:19, 27:9, 27:11 funded [1] - 27:6 funds [4] - 15:9, 19:3, 27:5, 27:13 future [2] - 23:22, 24:25

G
GAMBLE [1] - 3:4 Gately [7] - 5:6, 15:21, 23:13, 24:5, 25:14, 25:21, 27:8 GATELY [15] - 2:16, 5:5, 15:22, 15:24, 16:25, 23:20, 23:22, 24:3, 24:14, 25:15, 25:23, 26:15, 27:13, 29:7, 29:16 general [1] - 10:10 GERRY [1] - 1:18 given [2] - 8:14, 11:16 goal [1] - 12:8 GOODMAN [3] - 3:3, 5:14, 5:18 Goodman [1] - 5:14 Goodmen [1] - 5:16 googled [1] - 9:22 gracious [1] - 23:16 granted [2] - 8:5, 22:13 great [3] - 6:21, 6:22, 15:12 Great [1] - 4:14 group [5] - 20:1, 20:6, 20:11, 20:13, 20:16 guarantee [1] - 26:17 guess [2] - 4:7, 5:25

history [1] - 25:6 HOGAN [1] - 3:6 holding [1] - 25:25 Honor [24] - 4:18, 5:5, 5:18, 5:19, 6:12, 6:25, 8:2, 9:17, 10:2, 11:11, 13:16, 16:25, 17:1, 19:4, 19:24, 21:16, 23:8, 23:20, 25:11, 25:13, 25:15, 26:15, 29:7, 29:16 Honor's [1] - 14:8 Honorable [1] - 4:2 HONORABLE [1] 1:22 hopefully [1] - 26:16 hoping [1] - 16:24 hospitals [1] - 10:12 hostage [1] - 26:21 hurt [1] - 7:23

I
IAMS [1] - 2:21 Iams [4] - 5:11, 9:20, 9:22, 12:24 idea [1] - 15:12 imagine [2] - 18:13, 20:4 impact [5] - 14:10, 17:7, 17:12, 17:22, 18:8 imperfect [1] - 22:4 implemented [1] 19:16 implicate [1] - 11:4 IN [1] - 1:6 inaccurate [1] 12:12 inaction [1] - 9:6 inclined [1] - 13:6 include [2] - 21:11, 28:4 included [1] - 21:6 includes [1] - 24:17 including [1] - 24:25 incumbent [1] - 6:23 indeed [1] - 22:20 indicated [1] - 24:22 individual [1] - 21:10 industry [1] - 10:10 inequities [1] - 22:14 inevitable [1] - 7:24 infirmity [1] - 10:18 information [2] 20:15, 20:19 injustice [1] - 7:24 inquiry [2] - 9:1, 26:5 instead [1] - 16:14

insure [1] - 19:18 interest [2] - 17:25, 21:10 interested [1] - 30:15 interim [1] - 22:25 intervene [1] - 11:13 intervened [1] - 28:9 inventory [1] - 28:22 involves [2] - 11:1 IRLEAND [1] - 2:19 island [1] - 26:9 issue [23] - 6:5, 6:6, 6:7, 9:11, 11:2, 18:3, 18:23, 19:3, 19:9, 20:18, 22:1, 22:2, 22:22, 22:25, 23:15, 25:9, 25:17, 26:1, 26:2, 27:20, 28:21, 29:1 issued [1] - 6:8 issuing [1] - 26:7 itself [1] - 26:9

J
Jersey [5] - 4:3, 6:11, 24:7, 30:7 JERSEY [4] - 1:2, 1:19, 1:23 JOHN [1] - 1:18 joined [2] - 22:25, 25:9 judge [1] - 14:9 Judge [2] - 6:9, 13:9 Judge's [1] - 21:1 judgement [1] 18:10 judgment [3] - 11:13, 18:19, 22:16 juncture [1] - 17:13 jurisdiction [5] 7:18, 9:3, 18:21, 19:11, 28:6 jurisdictional [1] 27:21 justice [1] - 21:10

H
hand [2] - 14:22, 14:24 hands [1] - 7:16 harm [1] - 22:4 harmed [1] - 21:5 HARTSON [1] - 3:6 head [1] - 9:25 hear [3] - 6:23, 9:3, 29:3 heard [1] - 19:20 hearing [4] - 5:23, 19:5, 29:4 hearings [2] - 12:20, 26:1 Heffler [2] - 13:22, 14:2 hereby [1] - 30:7 hereinbefore [1] 30:10 highly [1] - 5:25 HILLMAN [1] - 1:22 Hillman [1] - 4:2

K
keep [2] - 7:17, 14:17 Ken [1] - 4:10 KENNETH [1] - 2:2 key [1] - 14:24 knowing [1] - 20:20 knowledge [1] 19:22 known [2] - 10:18, 21:24

U.S. DISTRICT COURT - CAMDEN - NEW JERSEY

4

L
lack [5] - 8:1, 8:9, 9:14, 10:16, 13:3 last [2] - 15:14, 16:6 late [13] - 14:4, 14:19, 15:25, 16:19, 17:6, 17:12, 17:23, 18:4, 18:9, 18:19, 19:7, 22:21, 22:22 lateness [1] - 17:16 law [7] - 7:7, 8:12, 11:1, 11:25, 21:21, 22:6, 23:1 lawyers [1] - 26:4 lead [1] - 11:8 lease [1] - 21:12 least [4] - 7:12, 11:3, 17:20, 18:23 leave [2] - 13:13, 22:15 legal [4] - 7:8, 13:1, 21:2, 25:7 legitimate [1] - 15:18 liaison [4] - 5:6, 5:15, 28:8, 28:14 life [1] - 20:3 likely [1] - 13:19 limited [1] - 21:12 limits [2] - 20:20, 21:20 line [6] - 21:20, 23:2, 27:17, 29:10, 29:11 liquidated [1] - 17:10 literally [1] - 12:19 litigate [1] - 11:14 litigated [1] - 9:12 litigation [2] - 20:12, 20:17 logic [1] - 7:22 LOIS [1] - 2:10 Lois [1] - 4:19 look [1] - 7:19 looking [1] - 15:13 lose [1] - 16:23 loss [1] - 22:3 lost [2] - 21:7, 21:8 luck [3] - 7:20, 9:6, 29:18

M
mailing [1] - 10:17 mailings [1] - 10:18 mainland [1] - 26:10 maintain [1] - 7:4 maintains [1] - 7:18 major [1] - 9:24

malpractice [1] 9:16 manufactured [1] 12:24 MARINO [16] - 2:9, 4:18, 4:22, 6:25, 9:17, 10:2, 11:11, 11:19, 11:22, 12:13, 13:15, 17:1, 23:4, 25:11, 28:4, 28:16 Marino [12] - 4:19, 6:8, 6:19, 6:21, 8:16, 12:15, 16:7, 20:7, 23:18, 25:3, 25:10, 29:9 Marino's [2] - 22:19, 27:16 Mark [1] - 5:14 MARK [1] - 3:3 Mart [1] - 5:14 MARY [1] - 2:16 Mary [1] - 5:6 matter [12] - 6:8, 6:10, 7:11, 11:14, 15:4, 20:5, 23:24, 24:6, 24:7, 26:14, 27:5, 29:19 matters [3] - 6:16, 8:18, 8:20 MDL [2] - 4:7, 4:8 MDL-07-02867 [1] 1:10 mean [1] - 7:8 measure [1] - 22:12 mechanism [1] 27:3 medical [1] - 20:14 meet [1] - 8:8 melted [1] - 20:3 member [1] - 28:10 members [3] - 6:16, 6:17, 18:22 mention [1] - 8:7 mentioned [1] 25:25 MENU [1] - 2:17 Menu [5] - 5:6, 5:21, 12:24, 20:24, 21:4 middle [1] - 13:21 might [4] - 17:23, 22:11, 22:20 mind [1] - 13:11 minimal [1] - 17:22 Miranda [1] - 5:19 Miss [21] - 6:8, 6:19, 6:21, 7:13, 8:16, 12:15, 15:21, 16:7, 20:7, 22:19, 23:13, 23:18, 24:5, 25:2, 25:10, 25:14, 25:21,

27:8, 27:16, 27:25, 29:9 miss [1] - 5:22 MITCHELL [1] - 1:17 moment [1] - 15:22 money [3] - 6:6, 16:11, 27:10 Montague [1] - 4:15 MONTAGUE [1] - 2:5 months [5] - 8:17, 8:19, 12:15, 12:16, 12:17 morning [4] - 4:5, 4:18, 5:5, 5:19 motion [7] - 7:11, 8:4, 8:7, 11:12, 13:16, 19:2, 24:19 motions [4] - 8:24, 28:19, 29:14, 29:15 move [1] - 20:25 moves [1] - 22:16 MR [32] - 4:10, 4:14, 4:15, 4:23, 5:2, 5:11, 5:14, 5:18, 6:12, 12:8, 13:20, 14:18, 15:12, 16:22, 17:4, 17:10, 18:1, 19:1, 19:13, 19:19, 19:23, 19:24, 20:11, 21:16, 23:8, 23:12, 25:13, 25:18, 26:21, 27:4, 28:24, 29:6 MS [31] - 4:18, 4:22, 5:5, 5:19, 5:21, 6:25, 9:17, 10:2, 11:11, 11:19, 11:22, 12:13, 13:15, 15:22, 15:24, 16:25, 17:1, 23:4, 23:20, 23:22, 24:3, 24:14, 25:11, 25:15, 25:23, 26:15, 27:13, 28:4, 28:16, 29:7, 29:16 multi [1] - 27:21 multi-jurisdictional [1] - 27:21

Neuvoa [1] - 27:25 new [1] - 5:24 NEW [4] - 1:2, 1:19, 1:23 New [14] - 4:3, 6:9, 6:11, 8:25, 13:7, 16:5, 16:14, 16:16, 24:7, 25:24, 26:7, 27:6, 30:6 news [1] - 9:24 newspaper [1] - 9:24 newspapers [1] 10:10 next [1] - 16:4 Nice [2] - 5:8, 29:17 nightly [1] - 9:24 NLH [1] - 1:10 Noel [1] - 4:2 NOEL [1] - 1:22 non [2] - 7:12, 24:20 None [1] - 8:21 Nora [1] - 4:18 NORA [1] - 2:9 note [3] - 15:24, 16:4, 16:9 noted [1] - 17:16 nothing [6] - 7:20, 11:5, 22:9, 26:6, 26:24, 27:21 Nothing [2] - 22:17, 24:22 Notice [1] - 18:3 notice [10] - 8:1, 10:5, 10:13, 10:15, 10:17, 11:17, 12:21, 18:3, 21:23, 22:22 notion [1] - 22:9 November [2] - 9:4, 16:13 NUMBER [1] - 1:8 number [3] - 13:24, 14:12, 15:14 numbers [1] - 18:16

25:25, 28:20 ONE [1] - 1:18 One [2] - 15:8, 28:21 open [1] - 4:1 opportunity [1] 19:25 opposed [1] - 8:7 opt [5] - 7:21, 7:23, 8:23, 12:1, 12:2 opt-in [1] - 7:23 opted [1] - 7:3 ORDER [1] - 1:13 order [22] - 6:7, 11:8, 11:10, 11:16, 11:23, 14:7, 18:22, 19:11, 20:15, 21:1, 21:13, 22:7, 23:25, 24:2, 24:5, 24:6, 26:7, 28:7, 29:1, 29:11, 29:14 ordered [1] - 23:7 ordering [1] - 24:11 orders [8] - 13:12, 18:24, 22:6, 23:7, 26:17, 26:25, 27:1, 27:2 organizations [1] 15:8 original [1] - 4:7 otherwise [1] - 29:2 ourselves [1] - 14:6 outstanding [1] 11:16 overall [2] - 15:1, 17:24 overcome [1] - 21:3 own [3] - 9:16, 22:13, 22:14

P
paid [1] - 14:12 papers [8] - 6:13, 6:15, 7:1, 10:10, 10:20, 12:14, 15:24, 20:10 part [2] - 12:7, 20:23 particular [1] - 6:21 particularly [1] 18:14 parties [3] - 9:15, 13:3, 30:12 PAUL [2] - 2:6, 4:15 Paul [1] - 4:15 pay [2] - 15:7, 17:10 payments [1] - 17:12 peculiarities [1] 17:17 pending [8] - 6:10, 8:18, 8:20, 11:2,

O
o'clock [1] - 28:1 objection [1] - 16:18 objections [1] - 21:3 obligation [1] - 9:7 occurred [1] - 21:9 OF [2] - 1:2, 1:23 OFFICIAL [1] - 3:12 Official [1] - 30:5 once [3] - 7:8, 26:13, 27:1 one [11] - 8:8, 12:6, 14:4, 17:21, 18:2, 19:10, 24:4, 25:1,

N
nature [2] - 9:1, 28:13 necessary [1] - 17:2 need [2] - 13:13, 18:23 needed [1] - 20:15 needs [1] - 20:23 negotiated [1] 19:15 NESTLE [1] - 3:8

U.S. DISTRICT COURT - CAMDEN - NEW JERSEY

5

18:25, 21:19, 24:6, 28:19 people [8] - 7:23, 14:13, 18:4, 21:12, 21:25, 22:2, 22:8, 27:17 percent [2] - 12:6, 14:14 perfect [1] - 18:3 Perhaps [2] - 19:10, 20:6 perhaps [4] - 6:17, 12:25, 15:10, 25:2 period [2] - 9:7, 12:20 periodic [1] - 13:22 permitted [2] 17:13, 19:8 person [3] - 5:8, 7:25, 20:22 pet [1] - 12:23 Pet [2] - 4:7, 5:15 PET [1] - 1:7 Petco [1] - 5:14 PETCO [1] - 3:8 phase [1] - 18:14 PIPER [1] - 2:15 place [7] - 4:1, 18:18, 19:15, 27:1, 27:3, 30:9 placing [1] - 24:24 plain [1] - 18:24 plainly [1] - 8:12 plaintiff [1] - 4:19 PLAINTIFF [2] 2:10, 2:13 plaintiff's [2] - 26:4, 28:8 PLAINTIFFS [2] 2:3, 2:7 plaintiffs [5] - 4:10, 6:15, 21:4, 24:6, 26:3 play [1] - 22:17 plays [1] - 23:2 PLAZA [1] - 1:18 point [3] - 13:7, 16:12, 18:11 poison [1] - 9:18 position [1] - 15:25 positions [1] - 23:15 possibility [1] 17:21 possible [2] - 17:24, 18:24 potential [1] - 23:10 power [2] - 19:17, 22:10 powers [1] - 19:17 precedent [1] - 10:21 precise [1] - 11:2

preclude [1] - 24:23 predicts [1] - 26:16 prejudging [1] - 8:24 prejudice [4] - 22:18, 23:21, 23:22, 24:18 preliminary [1] 8:20 premature [4] - 14:9, 17:19, 18:7, 18:18 preparation [1] 20:8 prepare [1] - 12:14 presence [1] - 27:17 present [2] - 10:20, 16:18 preserve [1] - 9:5 previous [1] - 18:22 previously [1] - 23:7 pro [5] - 7:12, 14:13, 17:21, 18:9, 24:20 proceed [2] - 11:7, 16:7 proceeding [4] 6:19, 13:6, 24:8, 24:13 proceedings [8] 9:21, 11:4, 18:21, 21:1, 21:19, 25:5, 28:10, 28:14 process [13] - 6:22, 8:10, 8:14, 9:14, 13:4, 13:21, 13:25, 14:2, 14:11, 15:1, 15:2, 18:17 PROCTOR [1] - 3:4 PRODUCTS [1] - 1:7 promptly [1] - 29:12 proper [1] - 9:2 properly [1] - 25:9 proposed [2] - 10:8, 14:6 prosecute [1] - 13:10 prosecuting [1] 24:8 prosecution [1] 23:9 protect [1] - 7:19 Provinces [2] - 24:3, 25:21 provision [1] - 12:11 provisions [3] - 12:1, 12:2, 15:7 psychologically [1] 20:2 publications [1] 10:7 publicity [1] - 12:22 Pull [1] - 18:16 purchase [1] - 20:14 PURINA [1] - 3:8

put [4] - 9:11, 9:23, 19:15, 19:21

Q
quite [3] - 8:11, 24:10, 27:15

R
raised [3] - 21:3, 26:1, 26:3 raises [1] - 22:1 Rakoff [2] - 6:10, 13:9 random [1] - 10:7 rata [3] - 14:14, 17:21, 18:9 RE [1] - 1:6 reach [1] - 10:19 read [3] - 6:13, 6:25, 18:15 reading [1] - 6:15 ready [4] - 24:1, 27:5, 27:11, 27:14 realistically [1] 15:13 really [5] - 7:22, 14:9, 14:11, 21:5 reason [4] - 14:22, 18:4, 18:7, 27:10 reasonable [1] - 11:8 reasoning [1] - 10:23 reasons [2] - 14:3, 19:10 receive [1] - 27:5 received [1] - 10:15 recently [1] - 16:6 recognize [1] - 22:21 recognized [4] 19:11, 21:18, 24:19, 25:4 recommendation [5] - 14:2, 14:5, 14:7, 14:23, 17:19 record [3] - 14:17, 23:4, 29:13 recording [1] - 24:24 recover [2] - 12:6, 22:8 recovery [2] - 17:23, 22:5 reflect [1] - 29:13 regard [5] - 12:5, 20:7, 23:17, 28:22, 29:15 regarding [2] - 8:9, 25:8

regular [1] - 19:7 reject [1] - 10:23 rejected [1] - 14:23 rejecting [1] - 14:3 rejects [1] - 14:22 relating [1] - 23:25 relative [2] - 30:11, 30:13 relief [2] - 19:15, 24:17 remainder [2] - 15:7, 15:19 remaining [1] - 23:24 remedies [2] - 13:2, 23:1 renowned [1] - 10:11 repetitive [1] - 7:1 reply [2] - 16:5, 17:1 report [1] - 25:6 REPORTER [1] 3:12 Reporter [2] - 30:6 reports [1] - 13:22 representing [2] 4:19, 4:23 requested [2] 14:12, 24:17 requesting [1] - 16:7 require [2] - 10:6 required [1] - 10:5 requirement [1] - 8:8 requires [3] - 8:25, 18:1, 25:5 research [5] - 7:6, 8:18, 9:4, 9:8, 9:18 researched [2] 9:17, 9:20 resolve [1] - 20:17 resolved [1] - 26:6 resources [1] - 16:20 respect [4] - 8:3, 16:22, 17:4, 26:2 respectful [1] - 13:9 respective [1] - 6:20 responding [1] 26:4 result [6] - 12:23, 19:18, 20:1, 20:21, 21:9, 28:7 retained [2] - 8:17, 12:17 Reviewing [1] - 21:1 reviewing [1] - 21:1 rights [2] - 9:5, 28:11 room [2] - 4:20, 21:19 ROSE [2] - 3:7, 5:21 Rose [3] - 5:21, 5:22, 7:13

RPR [1] - 3:11 rule [4] - 8:8, 10:5, 21:24, 22:6 Rule [5] - 7:6, 8:7, 8:13, 8:23, 8:25 ruled [2] - 10:4, 11:2 rules [1] - 21:21 ruling [2] - 24:22, 29:14 RUSSELL [1] - 2:6 Russell [1] - 4:15

S
S/STEPHEN [1] 30:21 sanctionable [1] 12:3 sand [1] - 9:25 SANDERS [1] - 3:2 scheduling [1] - 29:3 seated [1] - 4:6 securities [1] - 14:20 see [10] - 5:8, 6:2, 6:4, 7:5, 19:14, 22:17, 23:2, 23:14, 29:17, 29:18 seek [1] - 11:13 seem [1] - 9:12 sees [1] - 22:11 segregation [1] - 7:8 sensitive [1] - 5:25 separate [2] - 7:4, 7:11 serious [1] - 14:13 served [1] - 9:13 set [4] - 15:25, 27:4, 27:24, 30:10 settlement [7] - 12:7, 17:25, 19:14, 20:12, 21:13, 22:23, 28:7 settlements [1] 12:1 shelf [1] - 24:24 short [1] - 29:1 shortly [1] - 28:20 SHOW [1] - 1:13 show [3] - 6:7, 11:23, 28:7 side [2] - 28:8, 28:9 sign [2] - 7:15, 29:11 SIKES [1] - 3:7 similar [1] - 22:8 simply [1] - 7:1 sitting [1] - 4:3 situated [1] - 22:8 Slembecker [1] 4:19 SLEMBECKER [1] -

U.S. DISTRICT COURT - CAMDEN - NEW JERSEY

6

2:10 slowly [2] - 25:24 Smart [1] - 5:15 solution [1] - 20:25 Sometimes [4] 5:22, 14:23, 18:3, 19:7 sometimes [2] 14:21, 19:8 soon [3] - 27:5, 29:2, 29:18 sorry [2] - 15:21, 16:23 sort [1] - 15:25 sound [1] - 5:24 Southern [11] - 6:9, 7:17, 8:3, 8:25, 13:6, 16:5, 16:7, 16:13, 16:15, 17:3, 24:7 specialized [1] 10:12 specific [1] - 10:13 specifically [1] 20:13 specify [1] - 29:14 spot [1] - 27:25 spun [1] - 20:2 SQUIRE [1] - 3:2 stage [2] - 6:14, 16:21 standard [1] - 28:1 standards [1] - 15:17 State [6] - 6:11, 6:16, 11:2, 23:5, 24:8, 30:6 STATES [3] - 1:1, 1:17, 1:22 States [3] - 4:2, 10:14, 30:5 status [5] - 13:18, 23:25, 26:1, 28:12, 28:13 steam [1] - 16:8 stenographically [1] - 30:9 STEPHEN [2] - 3:11, 30:21 Stephen [1] - 30:5 still [2] - 25:25, 27:11 stip [1] - 7:15 stopping [1] - 26:6 subject [1] - 9:21 Subject [1] - 28:6 submissions [1] 25:2 submit [1] - 24:5 submitted [2] 17:14, 29:12 suffered [2] - 22:3, 22:4 sufficiently [1] - 8:7

suggested [2] - 7:14, 21:18 suggesting [1] 10:16 suggestion [2] 9:13, 23:2 sum [1] - 24:21 Summit [1] - 5:1 supplemented [1] 25:2 suppose [1] - 27:24 Supreme [3] - 10:21, 10:22, 10:23 sword [1] - 20:10 sympathize [1] 17:5 system [2] - 5:24, 22:4

TO [1] - 1:13 today [6] - 6:5, 6:7, 19:5, 22:18, 28:18, 28:24 together [1] - 17:11 TORISEVA [1] - 2:1 track [1] - 11:6 transcript [1] - 30:8 trouble [2] - 5:23 true [4] - 8:11, 11:22, 21:10, 30:7 try [1] - 11:20 tunc [2] - 7:13, 24:20 turn [1] - 16:12 twice [1] - 13:1 two [3] - 16:11, 20:1, 21:8 type [1] - 7:24 typically [1] - 14:1

V
value [1] - 21:21 various [2] - 13:18, 27:9 venues [1] - 9:2 vet [2] - 10:12, 12:6 veterinarians [1] 10:13 vetted [1] - 13:23 vetting [1] - 14:11 victim [1] - 12:25 victimized [3] 12:25, 20:22 view [2] - 6:14, 10:24 violation [2] - 18:22, 27:2 voices [1] - 5:9 volume [1] - 18:12

wrap [1] - 24:4 WRIGHT [2] - 2:20, 5:11 Wright [1] - 5:11 wrinkles [1] - 27:21

Y
York [6] - 6:9, 8:25, 13:7, 16:6, 16:14, 16:16 yourself [1] - 10:11

T
t'd [1] - 28:21 table [1] - 4:20 talks [1] - 11:25 Target [1] - 5:15 targeted [2] - 10:9, 10:13 telephone [2] 27:24, 28:2 telephonic [1] - 26:1 terms [1] - 19:14 test [1] - 18:8 testimony [1] - 30:8 THE [57] - 1:2, 1:22, 4:5, 4:12, 4:17, 4:20, 4:25, 5:3, 5:8, 5:13, 5:16, 5:22, 6:13, 8:11, 9:20, 10:4, 11:12, 11:21, 11:24, 12:9, 12:15, 13:17, 14:16, 15:5, 15:21, 15:23, 16:23, 17:9, 17:20, 18:20, 19:10, 19:14, 19:20, 20:9, 21:14, 21:17, 23:6, 23:9, 23:13, 23:21, 24:2, 24:4, 24:15, 25:12, 25:14, 25:16, 25:20, 26:9, 26:19, 26:23, 27:8, 27:16, 28:6, 28:17, 28:25, 29:8, 29:17 theories [1] - 9:2 thereof [1] - 8:1 thrilled [1] - 6:3 thrown [1] - 10:25 tied [1] - 7:16 timely [4] - 7:12, 22:7, 24:20

U
ultimately [1] - 19:15 unable [1] - 7:16 unaware [1] - 20:6 unconstitutional [1] - 7:8 under [5] - 8:15, 16:1, 17:6, 18:6, 19:18 Under [2] - 16:9, 16:17 undocumented [1] 18:14 unfairness [1] 22:14 Unfortunately [1] 29:10 uniform [1] - 21:23 UNITED [3] - 1:1, 1:17, 1:22 United [3] - 4:2, 10:14, 30:5 unless [2] - 10:25, 13:5 unto [1] - 26:9 unusual [1] - 14:19 up [10] - 9:23, 10:25, 12:6, 19:2, 24:4, 25:7, 27:4, 28:20, 28:21, 28:25 update [2] - 6:6, 23:25 updates [1] - 27:22 upheld [1] - 8:13

W
wait [1] - 27:13 waited [1] - 12:19 waiting [1] - 27:18 Wal [1] - 5:14 Wal-Mart [1] - 5:14 WALLACE [1] - 2:1 website [1] - 9:23 week [3] - 16:4, 16:6, 26:16 weigh [1] - 27:6 Welcome [5] - 4:17, 5:4, 5:10, 5:13, 5:16 well-renowned [1] 10:11 Wells [1] - 27:4 Wexler [9] - 4:10, 4:13, 6:6, 13:17, 19:21, 21:18, 25:16, 26:20, 28:12 WEXLER [21] - 2:1, 2:2, 4:10, 4:14, 12:8, 13:20, 14:18, 15:12, 16:22, 17:4, 17:10, 18:1, 19:1, 19:13, 19:19, 19:23, 25:18, 26:21, 27:4, 28:24, 29:6 Wexler's [1] - 22:16 William [1] - 4:23 WILLIAM [1] - 2:12 willing [2] - 23:14, 27:14 withdraw [1] - 23:4 wonderful [1] - 5:24 word [1] - 27:23 world [1] - 10:14

U.S. DISTRICT COURT - CAMDEN - NEW JERSEY