Swarberg v. Menu Foods Holding Inc et al Doc.

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Case 3:07-cv-00706-JAH-CAB Document 33 Filed 06/22/2007 Page 1 of 1

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8 UNITED STATES DISTRICT COURT
9 SOUTHERN DISTRICT OF CALIFORNIA
10 DIANE SWARBERG, individually and ) Civil No.07CV0706 JAH(CAB)
on behalf of all others similarly situated, )
11 ) ORDER DENYING JOINT
Plaintiffs, ) MOTION FOR EXTENSION OF
12 v. ) TIME TO FILE RESPONSIVE
) PLEADING WITHOUT
13 MENU FOODS HOLDING, INC., ) PREJUDICE AS MOOT
THE IAMS COMPANY and DOES 1 ) [DOC. # 31]
14 through 100, inclusive, )
)
15 Defendants. )
)
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17 Plaintiff and defendant Menu Foods Holdings, Inc. have filed a joint motion for an
18 extension of time for defendant to file a responsive pleading in this case. However, just
19 prior to the filing of the joint motion, this Court granted defendant Menu Foods Holding,
20 Inc.’s motion for a stay of all proceedings pending a decision by the Judicial Panel on
21 Multidistrict Litigation (“MDL Panel”) on transfer. See Doc. # 30. This Court, therefore,
22 finds the joint motion for extension of time moot.
23 Accordingly, IT IS HEREBY ORDERED that the joint motion for extension of time
24 for defendant Menu Foods Holding, Inc. to file a responsive pleading [doc. # 31] is
25 DENIED WITHOUT PREJUDICE as moot.
26 Dated: June 22, 2007
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HON. JOHN A. HOUSTON
28 United States District Judge

07cv0706

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