IN RE: PET FOOD PRODUCTS LIABILITY LITIGATION

Filing 84

Letter from Del Monte. (FAMA, RICHARD)

IN RE: PET FOOD PRODUCTS LIABILITY LITIGATION

Doc. 84

Case 1:07-cv-02867-NLH-AMD

Document 84

Filed 11/14/2007

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November 14, 2007 VIA ELECTRONIC FILING Hon. Ann Marie Donio United States Magistrate Judge U.S. District Court for the District of New Jersey Mitchell H. Cohen Building & U.S. Courthouse 4th & Cooper Streets Camden, NJ 08101 Re:

Richard Fama
Direct Phone [phone] Direct Fax [phone] [e-mail]

In re: Pet Food Products Liability Litigation, MDL Docket No. 1850 (All Cases)

Dear Judge Donio: Pursuant to Local Civil Rule 37.1(a)(1), I am writing on behalf of my client, Del Monte Foods Company ("Del Monte), advising this Court that Del Monte intends to file an Order to Show Cause, pursuant to Fed. R. Civ. P. 26(b)(2)(c)(iii), 26(c)(2) and 26(c)(4), why an Order should not be issued permitting Del Monte to destroy all pet food related products it is currently maintaining as evidence in this litigation after preserving a statistically significant sample of same in accordance with its expert's sampling plan. Del Monte, along with other Defendants, has been actively attempting to reach an agreement with Plaintiffs in this litigation on a sampling plan that would resolve this issue for over two months. As it stands this perishable evidence is infested, and moreover, the Food and Drug Administration has recently directed Del Monte to destroy all of said evidence in order to prevent accidental reintroduction into the stream of commerce.

Dockets.Justia.com

Case 1:07-cv-02867-NLH-AMD
Hon. Ann Marie Donio November 14, 2007

Document 84

Filed 11/14/2007

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As such, with the permission of this Honorable Court, Del Monte intends to move for judicial intervention by the end of this week.

Sincerely, COZEN O'CONNOR Attorneys for Defendant Del Monte Foods, Inc, /s By: AS Richard Fama

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