IN RE: PET FOOD PRODUCTS LIABILITY LITIGATION

Filing 355

ORDER that Yvonne and Ron McKim show cause within 14 days from the date of this Order why they should not be held in contempt. Defendants shall serve copies of this order on Yvonne and Ron McKim. Signed by Judge Noel L. Hillman on 7/6/2009. (nf, )

IN RE: PET FOOD PRODUCTS LIABILITY LITIGATION

Doc. 355

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY MDL Docket No. 1850 (All Cases) Civil Action No. 07-2867 (NLH)(AMD) ORDER

IN RE: PET FOOD PRODUCTS LIABILITY LITIGATION

This matter having come before the Court on the expedited motion of defendants for a show cause order [350]; and Defendants requesting that settlement class members who have not opted out of the settlement agreement--Yvonne and Ron McKim-be enjoined from pursuing their pending litigation in another court in violation of this Court's Final Approval Order and Final Judgment; and Defendants representing that the McKims, proceeding pro se, are prosecuting a claim against Nestle Purina in the District Court of Clark County, Small Claims Department, State of Washington, for the illness of their dog due to tainted pet food sold by defendant; and Defendants representing that despite numerous communications with the McKims, they have refused to withdraw their claim; and It appearing that the McKims are in violation of the Court's November 17, 2008 Order Approving Class Settlement, Certifying Settlement Class, Directing Entry of Final Judgment and Awarding Attorneys' Fees and Reimbursement of Expenses;

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Accordingly, IT IS HEREBY on this 6th day of July, 2009 ORDERED that Yvonne and Ron McKim show cause within 14 days from the date of this Order why they should not be held in contempt for refusing to discontinue the prosecution of their pending litigation contrary to this Court's November 17, 2008 Order; and it is further ORDERED that defendants shall serve copies of this Order on Yvonne and Ron McKim, and that such service shall constitute notice.

s/ Noel L. Hillman NOEL L. HILLMAN, U.S.D.J. At Camden, New Jersey

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