IN RE: PET FOOD PRODUCTS LIABILITY LITIGATION

Filing 344

Letter from Morris Polich & Attorney, Counsel for Chemnutra re #316 MOTION DEFENDANTS MOTION FOR ISSUANCE OF ORDER TO SHOW CAUSE FOR AN ORDER ALLOW FOR THE DESTRUCTION OF RECALLED WHEAT GLUTEN, RECALLED RICE PROTEIN CONCENTRATE AND OTHER INGREDIENTS ALLEGEDLY CONTAINING MELAMINE BEING STORED BY DEFENDANTS IN THE POSSE. (BRAZIL, ANTHONY)

IN RE: PET FOOD PRODUCTS LIABILITY LITIGATION

Doc. 344

Morris
Polich & Purdyiip
Landon Morris (1904-1991)
ATTORNEYS AT LAW FILED VIA ECF
1055 West Seventh Street

June 8, 2009

Twenty Fourth Floor
Los Angeles, California

90017-2503

Ph: 213.891.9100
Fx: 213.488.1178

ww.mpplaw.com

The Honorable NoelL. Hilman New Jersey U.S. District Court, District of Mitchell H. Cohen U.S. Courthouse Room 6020 One John F. Gerry Plaza
Camden, New Jersey 08101

Re: In Re: Pet Food Products Liability Litigation Case No. 1:2007cv02867, MDL 1850

Dear Judge Hilman:
I am counsel for ChemNutra, Inc. ("ChemNutra") in the above-referenced
matter. Pending before this Court is a Motion For Issuance of Order To Show Recalled Wheat Gluten, Cause For An Order Allowing For The Destruction Of

Recalled Rice Protein, Concentrate and Other Ingredients Allegedly Containing Melamine Being Stored By Defendants In the Possession Of Such Ingredients
("Pending Motion") fied by Defendants.

I am writing to advise this Court of recent developments regarding the wheat gluten being stored by my client which, along with other ingredients being the Pending Motion. My stored by other Defendants, is the subject matter of
client, ChemNutra, is storing wheat gluten at 2 public warehouses. At the
Pennsauken, New Jersey, approximately.

Standard Warehouse & Distributing Company, Ltd. ("Standard Warehouse) in 80 metric tons ofChemNutra's wheat gluten is being stored.

The Standard Warehouse has recently told my client that its major customer has objected to storing its products in the same facility as the recalled wheat gluten. Therefore, Standard Warehouse has informed ChemNutra that it
must either immediately move or destroy the 80 metric tons of

wheat gluten being

stored at that facility. In addition, upon request by the FDA, Standard Warehouse
must also notify the FDA if the

wheat gluten is moved.

Therefore, in light of this situation, ChemNutra would very much appreciate it if this Court would consider the Pending Motion as soon as possible.

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Cc: Plaintiffs Counsel (via ECF)
Defendants Counsel (via ECF)