IN RE: PET FOOD PRODUCTS LIABILITY LITIGATION

Filing 87

Emergency MOTION for Discovery Pursuant to Fed. R. Civ. P. 26 by DEL MONTE FOODS COMPANY. (Attachments: #1 Affidavit Affidavit in Support#2 Text of Proposed Order Proposed Order#3 Affidavit Affidavit of Good Faith#4 Declaration Declaration of Dr. George P. McCabe)(FAMA, RICHARD)

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

Document 87-3

Filed 11/16/2007

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BEFORE THE UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

IN RE PET FOOD PRODUCTS LIABILITY LITIGATION

: Civil Action No. 07-2867 : : MDL Docket No. 1850 (ALL : CASES) : : ORDER : : ___________________________________________

AND NOW, this ____ day of _______________, 2007, upon the Court's pursuant consideration to Fed. R. of Civ. Del P. Monte Foods Company's motion, and

26(b)(2)(C)(iii),

26(c)(2)

26(c)(4), to limit the amount of pet treats, food, raw wheat gluten and mixtures containing recalled wheat gluten that Del Monte Foods Company is currently storing; and the Court having considered the submissions of the parties; and good cause having been shown; IT IS hereby ORDERED that the motion is GRANTED as follows: 1. Del Monte need only retain up to 500 units of pet treats or food per SKU date from its Organized

Recalled Product in accordance with Dr. George P. McCabe's sampling plan; 2. Del Monte need only retain 500 samples per batch number of raw wheat gluten in accordance with Dr. George P. McCabe's sampling plan;

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

Document 87-3

Filed 11/16/2007

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3. Del Monte need only retain 500 samples per recipe of Work-In-Progress in accordance with Dr. George P. McCabe's sampling plan; and 4. Del Monte may destroy the Unorganized Material in its possession and all other Organized Recalled

Product, raw wheat gluten, and Work-In-Progress not needed for Dr. McCabe's sampling plan to be carried out.

SO ORDERED:

Dated:

November ____, 2007

________________________________ UNITED STATES DISTRICT JUDGE NOEL LAWRENCE HILLMAN

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