Comments on: Menu Foods Gag Order Prevents Claims http://www.itchmo.com/menu-foods-gag-order-prevents-claims-848 Essential news for cats, dogs and pet owners. Fri, 12 Mar 2010 22:09:23 +0000 http://wordpress.org/?v=2.2.2 By: Rex H. http://www.itchmo.com/menu-foods-gag-order-prevents-claims-848#comment-23132 Rex H. Sat, 26 May 2007 13:11:54 +0000 http://www.itchmo.com/menu-foods-gag-order-prevents-claims-848#comment-23132 Many of the answers to the questions are in the USA Today online edition. In a story just released, they disclose that a review of court transcript shows judge was really angered at Menu's conduct and that Menu agreed because their whole settlement approach was under severe attack by judge. http://www.usatoday.com/news/nation/2007-05-26-menu-foods-harassment_N.htm the Judge said, "It seems to me that Menu Food is out to do whatever Menu Foods wants to do in a way that could adversely impact the rights of (possible members of the class action suit." WOW-us pet owners again have to thank Jay Edelson for bringing Menu foods conduct to light and getting the court to force menu to do the right thing. Many of the answers to the questions are in the USA Today online edition. In a story just released, they disclose that a review of court transcript shows judge was really angered at Menu’s conduct and that Menu agreed because their whole settlement approach was under severe attack by judge.

http://www.usatoday.com/news/n.....ment_N.htm

the Judge said, “It seems to me that Menu Food is out to do whatever Menu Foods wants to do in a way that could adversely impact the rights of (possible members of the class action suit.”

WOW-us pet owners again have to thank Jay Edelson for bringing Menu foods conduct to light and getting the court to force menu to do the right thing.

]]> By: YaYa http://www.itchmo.com/menu-foods-gag-order-prevents-claims-848#comment-22768 YaYa Fri, 25 May 2007 23:16:06 +0000 http://www.itchmo.com/menu-foods-gag-order-prevents-claims-848#comment-22768 Thank You, Ann H. and Itchmo. "gag order" Ha! I thought so! Will they EVER get it that, it would Behoove them to just be Straight for once? Nah. Don't think So. Can't even P-R-I-N-T the Truth! Whadaya think we are here, a bunch of Chumps?! You Wish! Thank You, Ann H. and Itchmo.

“gag order” Ha! I thought so!

Will they EVER get it that, it would Behoove them to
just be Straight for once?

Nah. Don’t think So.

Can’t even P-R-I-N-T the Truth!

Whadaya think we are here, a bunch of Chumps?!

You Wish!

]]> By: Linda http://www.itchmo.com/menu-foods-gag-order-prevents-claims-848#comment-22661 Linda Fri, 25 May 2007 20:28:30 +0000 http://www.itchmo.com/menu-foods-gag-order-prevents-claims-848#comment-22661 DMS, Although my dog is recovering, she does have a strange odor that comes and goes, even my mother noticed it. Don't have internet at home, leaving work for holiday, guess I'll have to wait for Tuesday to find out more if anyone else knows about this. DMS, Although my dog is recovering, she does have a strange odor that comes and goes, even my mother noticed it. Don’t have internet at home, leaving work for holiday, guess I’ll have to wait for Tuesday to find out more if anyone else knows about this.

]]> By: Itchmo » Blog Archive » EXCLUSIVE: Law Firm Says Menu Foods Gag Order Is Voluntary http://www.itchmo.com/menu-foods-gag-order-prevents-claims-848#comment-22660 Itchmo » Blog Archive » EXCLUSIVE: Law Firm Says Menu Foods Gag Order Is Voluntary Fri, 25 May 2007 20:26:01 +0000 http://www.itchmo.com/menu-foods-gag-order-prevents-claims-848#comment-22660 [...] According to a letter obtained by Itchmo, a law firm handling the Menu Foods class action lawsuit indicates that Menu Foods voluntarily agreed to stop communicating with affected pet owners — a point Menu Foods’ website posting left out. [...] […] According to a letter obtained by Itchmo, a law firm handling the Menu Foods class action lawsuit indicates that Menu Foods voluntarily agreed to stop communicating with affected pet owners — a point Menu Foods’ website posting left out. […]

]]> By: Ann H http://www.itchmo.com/menu-foods-gag-order-prevents-claims-848#comment-22653 Ann H Fri, 25 May 2007 20:03:50 +0000 http://www.itchmo.com/menu-foods-gag-order-prevents-claims-848#comment-22653 These documents, Docket #10-1 & Docket #20, should give everybody a bit more insight into why Menu Foods had to revisit the settlement/claims information they had previously posted on their website. Workman et al v Menu Foods et al http://news.justia.com/cases/menu-foods/345169/ Docket #10-1 Probably will help give some insight too (1 is the Memorandum of Law to support the motion) Docket #20 http://news.justia.com/cases/menu-foods/345169/20/0.pdf These documents, Docket #10-1 & Docket #20, should give everybody a bit more insight into why Menu Foods had to revisit the settlement/claims information they had previously posted on their website.

Workman et al v Menu Foods et al
http://news.justia.com/cases/menu-foods/345169/

Docket #10-1 Probably will help give some insight too (1 is the Memorandum of Law to support the motion)

Docket #20
http://news.justia.com/cases/m.....9/20/0.pdf

]]> By: Ann H http://www.itchmo.com/menu-foods-gag-order-prevents-claims-848#comment-22639 Ann H Fri, 25 May 2007 19:39:13 +0000 http://www.itchmo.com/menu-foods-gag-order-prevents-claims-848#comment-22639 Karen V, If I remember correctly there are different types of class action lawsuits. I don't know the impact, but the MDL on May 31 will give us a clue about what direction this will be taking. By definition, I don't think this is literally a "gag order". It seems to me to be more of a halt to settlement discussions/redefine settlement aspects until the legal issues are reviewed and as a means to protect consumers until that time. Karen V,

If I remember correctly there are different types of class action lawsuits. I don’t know the impact, but the MDL on May 31 will give us a clue about what direction this will be taking.

By definition, I don’t think this is literally a “gag order”. It seems to me to be more of a halt to settlement discussions/redefine settlement aspects until the legal issues are reviewed and as a means to protect consumers until that time.

]]> By: Karen V http://www.itchmo.com/menu-foods-gag-order-prevents-claims-848#comment-22606 Karen V Fri, 25 May 2007 18:32:59 +0000 http://www.itchmo.com/menu-foods-gag-order-prevents-claims-848#comment-22606 Am I caught in a spam filter? Am I caught in a spam filter?

]]> By: Karen V http://www.itchmo.com/menu-foods-gag-order-prevents-claims-848#comment-22604 Karen V Fri, 25 May 2007 18:32:08 +0000 http://www.itchmo.com/menu-foods-gag-order-prevents-claims-848#comment-22604 Gag order/HHHHMMMM. Perhaps in result of them trying to settle - Ann has been rather helpful. One other as comparison is the Paypal Class Actions (though I did not participate, never had a problem that qualified). In this instance - ONE Firm represented the CLass - Once Class status is assigned - IT COVERS EVERYONE - until the case is over with. Paypal did not have a Gag order, though if you were a named Plaintiff - they probably didn't want to talk with you. If you called and questioned after the settlement was proposed - they might explain the options (in this case of the Settlement - as always - Paypal admits to no wrongdoing). Gag order/HHHHMMMM. Perhaps in result of them trying to settle - Ann has been rather helpful. One other as comparison is the Paypal Class Actions (though I did not participate, never had a problem that qualified).

In this instance - ONE Firm represented the CLass - Once Class status is assigned - IT COVERS EVERYONE - until the case is over with. Paypal did not have a Gag order, though if you were a named Plaintiff - they probably didn’t want to talk with you. If you called and questioned after the settlement was proposed - they might explain the options (in this case of the Settlement - as always - Paypal admits to no wrongdoing).

]]> By: Karen V http://www.itchmo.com/menu-foods-gag-order-prevents-claims-848#comment-22603 Karen V Fri, 25 May 2007 18:31:17 +0000 http://www.itchmo.com/menu-foods-gag-order-prevents-claims-848#comment-22603 Gag order/HHHHMMMM. Perhaps in result of them trying to settle - Ann has been rather helpful. One other as comparison is the Paypal Class Actions (though I did not participate, never had a problem that qualified). In this instance - ONE Firm represented the CLass - Once Class status is assigned - IT COVERS EVERYONE - until the case is over with. Paypal did not have a Gag order, though if you were a named Plaintiff - they probably didn't want to talk with you. If you called and questioned after the settlement was proposed - they might explain the options (in this case of the Settlement - as always - Paypal admits to no wrongdoing). Now the problem runs into ALL THESE FIRMS TRYING TO GET CLASS STATUS!! They can't get blanket Class, since only ONE FIRM can. If that happens (and menu's lawyers are savvy enought to point this out - re over 50 lawsuits in play) the other lawsuits are either dismissed, or change of role. All Firms want the BIG BUCKS that come with the Class Action. However, Customer Service shouldn't be a GAG ORDER!! As in the case of Paypal, they continued to speak with clients. So I guess most cases for settlement without an attorney - will now need to go through the retailers themselves? (Yeah, right). Gag order/HHHHMMMM. Perhaps in result of them trying to settle - Ann has been rather helpful. One other as comparison is the Paypal Class Actions (though I did not participate, never had a problem that qualified).

In this instance - ONE Firm represented the CLass - Once Class status is assigned - IT COVERS EVERYONE - until the case is over with. Paypal did not have a Gag order, though if you were a named Plaintiff - they probably didn’t want to talk with you. If you called and questioned after the settlement was proposed - they might explain the options (in this case of the Settlement - as always - Paypal admits to no wrongdoing).

Now the problem runs into ALL THESE FIRMS TRYING TO GET CLASS STATUS!! They can’t get blanket Class, since only ONE FIRM can. If that happens (and menu’s lawyers are savvy enought to point this out - re over 50 lawsuits in play) the other lawsuits are either dismissed, or change of role. All Firms want the BIG BUCKS that come with the Class Action.

However, Customer Service shouldn’t be a GAG ORDER!! As in the case of Paypal, they continued to speak with clients. So I guess most cases for settlement without an attorney - will now need to go through the retailers themselves? (Yeah, right).

]]> By: Lynn http://www.itchmo.com/menu-foods-gag-order-prevents-claims-848#comment-22565 Lynn Fri, 25 May 2007 17:11:23 +0000 http://www.itchmo.com/menu-foods-gag-order-prevents-claims-848#comment-22565 MENU FOODS AND GAG ORDER: Last night some bloggers asked if Menu Foods could really have been issued a gag order by the Federal Court, as they claimed on their website. I checked with an attorney and his response was: “The order does appear valid. Apparently what occurred is that many people have filed class action lawsuits and the court is attempting to put the overall contamination/ settlement question in context. Not unusual in those type of suits.” MENU FOODS AND GAG ORDER:
Last night some bloggers asked if Menu Foods could really have been issued a gag order by the Federal Court, as they claimed on their website. I checked with an attorney and his response was:

“The order does appear valid. Apparently what occurred is that many people have filed class action lawsuits and the court is attempting to put the overall contamination/ settlement question in context. Not unusual in those type of suits.”

]]> By: YaYa http://www.itchmo.com/menu-foods-gag-order-prevents-claims-848#comment-22535 YaYa Fri, 25 May 2007 15:43:15 +0000 http://www.itchmo.com/menu-foods-gag-order-prevents-claims-848#comment-22535 PooH! it's: http://www.petfoodtracker.com There, that's better :-D PooH!

it’s: http://www.petfoodtracker.com

There, that’s better :-D

]]> By: YaYa http://www.itchmo.com/menu-foods-gag-order-prevents-claims-848#comment-22526 YaYa Fri, 25 May 2007 15:31:20 +0000 http://www.itchmo.com/menu-foods-gag-order-prevents-claims-848#comment-22526 I think there is a current list at http:/www.petfoodtracker.com Kim keeps on Top of things pretty well. {hope I remembered the URL right!} I think there is a current list at

http:/www.petfoodtracker.com

Kim keeps on Top of things pretty well.

{hope I remembered the URL right!}

]]> By: Cheryl W http://www.itchmo.com/menu-foods-gag-order-prevents-claims-848#comment-22520 Cheryl W Fri, 25 May 2007 15:26:34 +0000 http://www.itchmo.com/menu-foods-gag-order-prevents-claims-848#comment-22520 I cannot remember all of the foods that are made by Menu Foods. Is there an accurate list somewhere or can someone repost it here? It is getting so hard to eep up with who makes what. I cannot remember all of the foods that are made by Menu Foods. Is there an accurate list somewhere or can someone repost it here? It is getting so hard to eep up with who makes what.

]]> By: Ann H http://www.itchmo.com/menu-foods-gag-order-prevents-claims-848#comment-22518 Ann H Fri, 25 May 2007 15:24:09 +0000 http://www.itchmo.com/menu-foods-gag-order-prevents-claims-848#comment-22518 Also, it's alleged that Menu foods had communicated with over 19,000 people, some of whom were plaintiffs in cases and that's a "no, no". Good PR move on Menu's standpoint to try to get folks to sign off and exclude them from the lawsuit if class action status is granted or from filing more suits if class action status is not granted. So, IMO, if it's a good PR move on Menu's side, then bets are it's a potentially bad move to sign their agreements. Each has to consider their own situation. I wish they'd be required to set up a fund to reimburse on an emergency basis to help any ill animal needing continued care... but, I'm probably dreaming :( Besides, if they get you to sign and you're pet was initially treated and survived, you still have no knowledge of long term affects on your pet. We still do not know what all the suspected contaminates were/are (redacted in FDA document). My understaniding is if you "settle" and then you become aware of the consequences to the long-term health of your animal and the costs of any special diet required, medications if applicable, veterinary costs, tests, hospitalization, you'd have already signed away your recourse- unless there is a stipulation in that inital agreement that they will cover future costs associated with your pet's health. The attorneys allegedly couldn't get an definitive answer from Menu where information from individual settlements obtained would/would not be excluded from any litigation case pending. With some media reporting criminal charges were to be filed (didn't Menu/ChemNutra say that in an article), without knowledge of specifics relating to that or parties, I'd be hesitant in settling anything. Also, it’s alleged that Menu foods had communicated with over 19,000 people, some of whom were plaintiffs in cases and that’s a “no, no”.

Good PR move on Menu’s standpoint to try to get folks to sign off and exclude them from the lawsuit if class action status is granted or from filing more suits if class action status is not granted.

So, IMO, if it’s a good PR move on Menu’s side, then bets are it’s a potentially bad move to sign their agreements. Each has to consider their own situation. I wish they’d be required to set up a fund to reimburse on an emergency basis to help any ill animal needing continued care… but, I’m probably dreaming :(

Besides, if they get you to sign and you’re pet was initially treated and survived, you still have no knowledge of long term affects on your pet. We still do not know what all the suspected contaminates were/are (redacted in FDA document).

My understaniding is if you “settle” and then you become aware of the consequences to the long-term health of your animal and the costs of any special diet required, medications if applicable, veterinary costs, tests, hospitalization, you’d have already signed away your recourse- unless there is a stipulation in that inital agreement that they will cover future costs associated with your pet’s health.

The attorneys allegedly couldn’t get an definitive answer from Menu where information from individual settlements obtained would/would not be excluded from any litigation case pending.

With some media reporting criminal charges were to be filed (didn’t Menu/ChemNutra say that in an article), without knowledge of specifics relating to that or parties, I’d be hesitant in settling anything.

]]> By: YaYa http://www.itchmo.com/menu-foods-gag-order-prevents-claims-848#comment-22508 YaYa Fri, 25 May 2007 15:01:28 +0000 http://www.itchmo.com/menu-foods-gag-order-prevents-claims-848#comment-22508 Thank You Ann for checking into this. So it's here, the First filings were in Lyons County Kansas- Emporia, Kansas. Also Menu Foods did do that filing against Pet parent in LA 'Superior' court? to Stop the order/motion? to Release Company records to them. {them= pet parents} {like shipping/receiving?} I think that was the 1st part of May. {judge said, for right now he'd not rule on this, has it changed I wonder?} "Nope, nuthin' wrong here" :-P Thank You Ann for checking into this.

So it’s here, the First filings were in Lyons County Kansas- Emporia, Kansas.

Also Menu Foods did do that filing against Pet parent in LA ‘Superior’ court? to Stop the order/motion? to Release Company records to them. {them= pet parents} {like shipping/receiving?} I think that was the 1st part of May.
{judge said, for right now he’d not rule on this, has it changed I wonder?}

“Nope, nuthin’ wrong here” :-P

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