Kornelius et al v. Menu Foods

Filing 15

Kornelius et al v. Menu Foods

Doc. 15

Case 2:07-cv-00454-MJP

Document 15

Filed 05/04/2007

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 WHEREAS, this case is one of over sixty (60) putative class actions filed in this court 18 and several other courts throughout the country for damages and injunctive relief, arising 19 from the manufacture, distribution and/or sale of pet food products by Defendant Menu 20 Foods. 21 WHEREAS, on March 30, 2007, Plaintiffs filed a Motion for Transfer and 22 Consolidation of Related Actions to the Western District of Washington Under 28 U.S.C. § 23 1407. Other parties have moved for transfer of all related actions to the Southern District of 24 Florida, the Central District of California, the District of New Jersey, and the Northern 25 District of Illinois. 26 v. MENU FOODS, a foreign corporation, Defendant. AUDREY KORNELIUS and BARBARA SMITH, individually and on behalf of all others similarly situated, Plaintiffs, No. CV 07-0454 MJP STIPULATION AND [PROPOSED] ORDER STAYING ALL PROCEEDINGS AND FOR PRESERVATION OF EVIDENCE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

STIPULATION AND [PROPOSED] ORDER STAYING ALL PROCEEDINGS AND FOR PRESERVATION OF EVIDENCE - CV 07-0454 MJP- 1

GARDNER BOND TRABOLSI PLLC
ATTORNEYS

2200 SIXTH AVENUE, SUITE 600 SEATTLE, WASHINGTON 98121 TELEPHONE [phone] FACSIMILE [phone]

Dockets.Justia.com

Case 2:07-cv-00454-MJP

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WHEREAS, the MDL Panel will determine whether all actions, including this action, should be transferred and coordinated and/or consolidated under 28 U.S.C. § 1407 for pretrial proceedings. The MDL Panel has set this matter for hearing on May 31, 2007 in Las Vegas, Nevada; and WHEREAS, the parties believe that in the short intervening time between now and a decision by the MDL Panel on transfer and coordination and/or consolidation, a stay of these proceedings will conserve party and judicial resources. IT IS HEREBY STIPULATED by and between Plaintiffs and Defendant Menu Foods, through their designated counsel that this matter, including the deadlines for the parties to participate in class certification and other pretrial proceedings, be stayed pending the establishment of In re: Pet Food Products Liability Litigation, MDL Docket No. 1850, and the potential subsequent transfer of this case for coordinated pretrial proceedings with other actions pending throughout the country. All parties shall, during the pendency of the stay of this matter, comply with their duty to preserve all evidence that may be relevant to this action. This duty extends to documents, electronic data, and tangible things in the possession, custody and control of the parties to this action, and any employees, agents, contractors, or carriers who possess materials reasonably anticipated to be the subject of discovery in this action. "Preservation" is to be interpreted broadly to accomplish the goal of maintaining the integrity of all documents, data and tangible things reasonably anticipated to be the subject of discovery under Fed. R. Civ. P. 26, 45 and 56(e) in this action. Preservation includes taking reasonable steps to prevent the partial or full destruction, alteration, testing, deletion, shredding, incineration, wiping, relocation, migration, theft, or mutation of such material, as well as negligent or intentional handling that would

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make material incomplete or inaccessible. If the business practices of any party involve the routine destruction, recycling, relocation, or mutation of materials, the party must, to the extent practicable for the pendency of this order, either: STIPULATION AND [PROPOSED] ORDER STAYING ALL PROCEEDINGS AND FOR PRESERVATION OF EVIDENCE ­ CV 07-0454 MJP - 2
GARDNER BOND TRABOLSI PLLC
ATTORNEYS

2200 SIXTH AVENUE, SUITE 600 SEATTLE, WASHINGTON 98121 TELEPHONE [phone] FACSIMILE [phone]

Case 2:07-cv-00454-MJP

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i) ii) iii)

halt such business practices; sequester or remove such material from the business process; or arrange for the preservation of complete and accurate duplicates or copies of such material, suitable for later discovery if requested.

IT IS SO STIPULATED. Dated: May 2, 2007 Respectfully submitted, HAGENS BERMAN SOBOL SHAPIRO LLP

By

/s/ Steve W. Berman (via written authorization) STEVE W. BERMAN, WSBA No. 12536 Attorneys for Plaintiff

Dated: May 2, 2007

Respectfully submitted, MYERS & COMPANY

By

/s/ Michael D. Myers (via written authorization) MICHAEL D. MYERS, WSBA No. 22486 Attorneys for Plaintiff

Dated: May 2, 2007

Respectfully submitted, GARDNER BOND TRABOLSI PLLC

By

/s/ Jeffrey T. Kestle JEFFREY T. KESTLE, WSBA No. 29648 Attorneys for Defendant

STIPULATION AND [PROPOSED] ORDER STAYING ALL PROCEEDINGS AND FOR PRESERVATION OF EVIDENCE ­ CV 07-0454 MJP - 3

GARDNER BOND TRABOLSI PLLC
ATTORNEYS

2200 SIXTH AVENUE, SUITE 600 SEATTLE, WASHINGTON 98121 TELEPHONE [phone] FACSIMILE [phone]

Case 2:07-cv-00454-MJP

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 STIPULATION AND [PROPOSED] ORDER STAYING ALL PROCEEDINGS AND FOR PRESERVATION OF EVIDENCE ­ CV 07-0454 MJP - 4
GARDNER BOND TRABOLSI PLLC
ATTORNEYS

ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: ______________

_________________________________________ MARSHA PECHMAN JUDGE, UNITED STATES DISTRICT COURT

2200 SIXTH AVENUE, SUITE 600 SEATTLE, WASHINGTON 98121 TELEPHONE [phone] FACSIMILE [phone]