IN RE: PET FOOD PRODUCTS LIABILITY LITIGATION

Filing 369

ORDER denying as moot #363 Motion for Order to Show Cause. Order that defendant shall serve copies of this Order on John Lizotte and his attorney Christopher Uhl. Signed by Judge Noel L. Hillman on 9/30/2009. (nf, )

IN RE: PET FOOD PRODUCTS LIABILITY LITIGATION

Doc. 369

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 motion of defendant for a show cause order [363]; and Defendant requesting that a settlement class member who has not opted out of the settlement agreement--John Lizotte--be enjoined from pursuing his pending litigation in another court in violation of this Court's Final Approval Order and Final Judgment; and On September 10, 2009, the Court having ordered John Lizotte and his counsel to show cause within 14 days as to 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 Defendant informing the Court that the Worcester County Trial Court of Massachusetts ordered the dismissal of the Lizotte action on September 22, 2009; and Defendant further representing that it does not seek any further relief from these parties at this time, and is therefore seeking to withdraw its motion;

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Accordingly, IT IS HEREBY on this 30th day of September, 2009 ORDERED that defendant's motion for an order to show cause [363] is DENIED AS MOOT; and it is further ORDERED that defendant shall serve copies of this Order on John Lizotte and his attorney Christopher Uhl.

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

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