Opinion
Case No. 2:07-cv-0259MJP.
May 23, 2007
William D. Marler, Marler Clark, L.L.P., P.S., Seattle, WA, Attorneys for Plaintiffs.
David Ernst, Esq., Bullivant Houser Bailey, P.C., Portland, OR, Attorneys for Defendants.
ORDER
THIS MATTER having come before the Court on the parties' joint motion, the Court having reviewed the motion, and the Court finding good cause to grant the motion, it is hereby Ordered as follows:
(1) Defendant ConAgra Foods Inc. shall retain and store, for the possibility of later testing, thirty (30) cases of Inventoried Product for each production day, for which it has Inventoried Product as set forth upon Exhibit "A." In the event that ConAgra possesses less than thirty (30) cases per production day, it shall retain all the Inventoried Product it does possess. The remaining Inventoried Product reflected in Exhibit "A" may, absent FDA objection, be disposed of or destroyed by Defendant ConAgra Foods, Inc. following reasonable notice, in substantially the form attached hereto as Exhibit "C," to all known interested parties, including the FDA.
(2) To the extent that Defendant ConAgra Foods, Inc. shall locate additional product not listed upon Exhibit "A," it shall seek further order of this court with respect to any disposition thereof.
(3) Defendant ConAgra Foods, Inc. shall retain and store all Individual Jars, as defined herein, pursuant to prior order this court.
IT IS SO ORDERED.