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Cooper v. Menu Foods Income Fund et al

Plaintiff: Kirby Cooper
Defendants: Menu Foods Income Fund, Menu Foods Midwest Corporation, Menu Foods South Dakota Inc., Menu Foods, Inc., Menu Foods Holdings, Inc. and Wal-Mart Stores, Inc.
 
Case Number: 4:2007cv04036
Filed: April 13, 2007
 
Court: Arkansas Western District Court
Office: Texarkana Office [ Court Info ]
County: Miller
Presiding Judge: Harry F. Barnes
 
Nature of Suit: Torts - Property - Property Damage Product Liability
Cause: 28:1332 Diversity-Product Liability
Jurisdiction: Diversity
Jury Demanded By: Plaintiff

Date Filed

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Docket Text

04/13/2007 1 CLASS ACTION COMPLAINT with jury demand against all defendants ( Filing fee $ 350 receipt number 4000025.) filed by Kirby Cooper.(cap) (Entered: 04/16/2007)
04/13/2007   Summons Issued as to Menu Foods Holdings, Inc.; Wal-Mart Stores, Inc.; Menu Foods Income Fund (2 summons issued as to this defendant, one to Secretary of State of AR pursuant to Arkansas Long Arm Statute and one to the Officer/Director in Canada); Menu Foods Midwest Corporation; Menu Foods South Dakota Inc.; Menu Foods, Inc. and returned to attorney/plaintiff for service (cap) Modified on 4/17/2007 to correct text (cap). (Entered: 04/16/2007)
04/16/2007 2 Transmittal of Documents - Copy of Docket Sheet and Complaint sent to Clerk, Judicial Panel on MDL (cap) (Entered: 04/16/2007)
04/27/2007 3 AFFIDAVIT of Service for Summons and Complaint, filed by all plaintiffs. Wal-Mart Stores, Inc. served on 4/26/2007, answer due 5/16/2007. (Hatfield, Jason) (Entered: 04/27/2007)
04/30/2007 4 AFFIDAVIT of Service for Summons and Complaint, filed by all plaintiffs. Menu Foods, Inc. served on 4/24/2007, answer due 5/14/2007. (Hatfield, Jason) (Entered: 04/30/2007)
05/08/2007 5 MOTION to Stay by Menu Foods, Inc.. (Attachments: # 1 Exhibit A-1, pp. 1-50# 2 Exhibit A-2, pp. 51-100# 3 Exhibit A-3, pp 101-117# 4 Exhibit B-1, pp 1-50# 5 Exhibit B-2, pp 51-100# 6 Exhibit B-3, pp 101-155# 7 Exhibit C-1, pp. 1-50# 8 Exhibit C-2, pp. 51-100# 9 Exhibit C-3, pp 101-150# 10 Exhibit C-4, pp 151-200# 11 Exhibit C-5, pp 201-215# 12 Exhibit D# 13 Exhibit E# 14 Exhibit F# 15 Exhibit G# 16 Exhibit H# 17 Exhibit I# 18 Exhibit J# 19 Exhibit K# 20 Exhibit L# 21 Exhibit M# 22 Exhibit N# 23 Exhibit O# 24 Exhibit P)(Comstock, Christy) (Entered: 05/08/2007)
05/08/2007 6 MEMORANDUM BRIEF in Support of Motion to Stay by Menu Foods, Inc.. (Comstock, Christy) (Entered: 05/08/2007)
05/08/2007 7 First MOTION for Extension of Time to File Answer or Otherwise Response to Plaintiffs' Complaint by Menu Foods, Inc.. (Comstock, Christy) (Entered: 05/08/2007)
05/09/2007   CLERK'S NOTICE re Multiple Attorneys Listed on Pleading directed to Defendant Menu Foods, Inc.. Motion to Stay, 5 lists multiple attorneys appearing for the filer (ROBERT L. JONES, EDWARD B. RUFF & MICHAEL P. TURIELLO). All listed attorneys, other than the attorney signing the pleading, must enter a separate Notice of Appearance in order to receive electronic notification of future activity in the case. TEXT ONLY ENTRY, NO DOCUMENT ATTACHED (cap) (Entered: 05/09/2007)
05/15/2007 8 RESPONSE in Opposition re 5 MOTION to Stay, 7 First MOTION for Extension of Time to File Answer or Otherwise Response to Plaintiffs' Complaint filed by Kirby Cooper. (Attachments: # 1 Exhibit A-Judge Hendren Order of 5/02/07# 2 Exhibit B-Judge Hendren's Order of 05/07/07)(Hatfield, Jason) Modified on 5/16/2007 to edit docket text (cap). (Entered: 05/15/2007)
05/15/2007 9 NOTICE of Appearance by Marshall S. Ney on behalf of Wal-Mart Stores, Inc. (Ney, Marshall) (Entered: 05/15/2007)
05/15/2007 10 MOTION for Extension of Time to File Response/Reply by Wal-Mart Stores, Inc.. (Ney, Marshall) (Entered: 05/15/2007)
05/16/2007 11 CLERK'S ORDER granting 10 Motion for Extension of Time to respond or otherwise plead in this matter to 5/31/07. (cap) (Entered: 05/16/2007)
05/16/2007   Set/Reset Deadlines: Wal-Mart Stores, Inc. answer due 5/31/2007. (cap) (Entered: 05/16/2007)
05/16/2007 12 ORDER granting 7 Motion for Extension of Time to Answer . Menu Foods, Inc. will have 20 days following the entry of this Court's ruling on Motion to Stay in which to file its first responsive pleading to Plaintiff's complaint. Signed by Judge Harry F. Barnes on 5/16/07. (cap) (Entered: 05/16/2007)
05/16/2007 13 MOTION to Appear Pro Hac Vice by Menu Foods Holdings, Inc., Menu Foods Income Fund, Menu Foods Midwest Corporation, Menu Foods South Dakota Inc., Menu Foods, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Comstock, Christy) (Entered: 05/16/2007)
05/17/2007   TEXT ONLY ORDER granting 13 Motion for Admission Pro Hac Vice. Edward B. Ruff, III, Michael P. Turiello and Priya K. Jesani are directed to register immediately as a CM/ECF users if they have not already done so and to enter their appearances in this matter. Signed by Judge Harry F. Barnes on May 17, 2007. (jdc) (Entered: 05/17/2007)
05/17/2007 14 AFFIDAVIT of Service for Summons, Complaint and Notice of Availability of a U.S.Magistrate Judge to Exercise Jurisdiction, filed by all plaintiffs. Menu Foods Midwest Corporation served on 5/1/2007, answer due 5/21/2007. (Hatfield, Jason) (Entered: 05/17/2007)
05/17/2007 15 AFFIDAVIT of Service for Summons, Complaint and Notice of Availability of a U.S.Magistrate Judge to Exercise Jurisdiction, filed by all plaintiffs. Menu Foods Holdings, Inc. served on 5/1/2007, answer due 5/21/2007. (Hatfield, Jason) (Entered: 05/17/2007)
05/17/2007 16 AFFIDAVIT of Service for Summons, Complaint and Notice of Availability of a U.S.Magistrate Judge to Exercise Jurisdiction, filed by all plaintiffs. Menu Foods South Dakota Inc. served on 5/1/2007, answer due 5/21/2007. (Hatfield, Jason) (Entered: 05/17/2007)
05/22/2007 17 REPLY to Response to Motion re 5 MOTION to Stay filed by Menu Foods Holdings, Inc., Menu Foods Income Fund, Menu Foods Midwest Corporation, Menu Foods South Dakota Inc., Menu Foods, Inc.. (Attachments: # 1 Exhibit A - Plaintiff Smis' MDL Motion# 2 Exhibit B - Cooper v. Menu Foods, et al# 3 Exhibit C - Hearing Order 5/31/07)(Comstock, Christy) Modified on 5/23/2007 to edit text (cap). (Entered: 05/22/2007)
05/24/2007 18 ORDER granting 5 Motion to Stay. Proceedings in this matter are stayed pending a transfer decision by Judicial Panel on Multidistrict Litigation. Signed by Judge Harry F. Barnes on 5/24/07. (cap) (Entered: 05/24/2007)
06/26/2007 19 AFFIDAVIT of Service for Summons, Complaint and Notice of Availability of a Magistrate, filed by all plaintiffs. Menu Foods Income Fund served on 5/29/2007, answer due 6/18/2007. (Hatfield, Jason) Modified on 6/27/2007 to correct service and answer date (cap). (Entered: 06/26/2007)
07/03/2007 20 NOTICE by Menu Foods Holdings, Inc., Menu Foods Income Fund, Menu Foods Midwest Corporation, Menu Foods South Dakota Inc., Menu Foods, Inc. of Conditional Transfer to Dsitrict of New Jersey (Attachments: # 1 Exhibit A Conditional Transfer Order)(Comstock, Christy) (Entered: 07/03/2007)
Docket Report Last Checked: November 29, 2007 16:14:25 PST

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Plaintiff: Kirby Cooper
Represented By: Jason M. Hatfield
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Defendant: Menu Foods Income Fund
Represented By: Christy Comstock
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Defendant: Menu Foods Midwest Corporation
Represented By: Christy Comstock
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Defendant: Menu Foods South Dakota Inc.
Represented By: Christy Comstock
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Defendant: Menu Foods, Inc.
Represented By: Christy Comstock
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Defendant: Menu Foods Holdings, Inc.
Represented By: Christy Comstock
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Defendant: Wal-Mart Stores, Inc.
Represented By: Marshall S. Ney
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