http://www.classactionlitigation.com/proceedings.html
How a Class Action Proceeds in Court

Very few class actions ever get to trial, but answers to interrogatories are under oath or penalty of perjury, Carol.

This relates directly to the New Jersey consolidated cases pet food settlement:

http://www.petfoodsettlement.com/faqs/#idQ2

What if I do not want to be a part of the settlement?   (top)
If you don't want to be bound by or receive a payment from this Settlement, or you want the right to pursue your claims individually in court, then you must take steps to get out of the Settlement Class. This is called excluding yourself from or is sometimes referred to as "opting out" of the Settlement Class.

If you choose to opt out of the Settlement and the Settlement Class you will not receive any payment under the Settlement.

To exclude yourself from the Settlement Class, you must send a signed statement to that effect that includes your name, address and telephone number. The statement must be sent to the following:
Claims Administrator
Pet Food Settlement
c/o Heffler, Radetich & Saitta, LLP.
P.O. Box 890
Philadelphia, PA 19105-0890
You must mail your request for exclusion postmarked by August 15, 2008 to:

You cannot exclude yourself on the phone, by email, or at the website.

Any member of the Settlement Class who opts out of the Settlement can change their mind and rejoin the Settlement Class. To do so, you must deliver to Class Counsel and the Claims Administrator a written revocation to your request to opt out within seven (7) days before the Final Approval Hearing.
When is the final approval hearing?   (top)
The Court has scheduled a final Settlement Approval Hearing for October 14, 2008 at 9:30 a.m.

If as a class member, you want to object to the settlement terms, for example, the provision under which the defendants admit no wrong doing, and enough class members file objections, the settlement would have to be renegotiated; or perhaps by filing a written objection, you could at least state your opinion that the settlement is unjust:
Can I comment on, or object to, the proposed settlement?   (top)
If you want to remain a class member, but have comments about, or disagree with any aspect of the proposed Settlement, you must file a written objection in the case with the Clerk of Court and send a copy to Class Counsel postmarked by September 12, 2008. Your document must clearly state that it relates to Civil Action Number: 07-2867 (NLH), MDL No. 1850, and include your full name address, telephone number, your signature, and a brief explanation of your comment or reason for objection. Please see the "Notice of Proposed Class Action Settlement and Final Fairness Hearing" for further instructions of how to file a written objection.

If you fall within the class definition and do not want to be prevented from bringing, continuing, or being a part of such a lawsuit, you must exclude yourself from the Settlement Class and proposed Settlement as explained in FAQ 13.


What is this lawsuit about?   (top)
There is a proposed Settlement of class action lawsuits known as In Re: Pet Food Products Liability Litigation, MDL Docket No. 1850, Civil Action No. 07-2867 (NLH) (All Cases) that are pending in the U.S. District Court for the District of New Jersey and similar lawsuits pending in Canada. This proposed Settlement Agreement is with various companies and persons or entities that handled, distributed, purchased for resale and/or redistribution, supplied, manufactured and/or sold or offered for sale pet food and/or pet treats that may have contained contaminated wheat gluten or rice protein concentrate and were recalled beginning in March 2007, as well as certain companies, persons or entities that supplied that wheat gluten or rice protein concentrate ("Recalled Pet Food Products"). The lawsuits alleged that some of the Recalled Pet Food Products in some cases may have led to illness or death from conditions known as acute kidney or renal failure. The symptoms of these conditions included vomiting, tiredness, decreased appetite, increased urination, and/or increased drinking or water intake by the affected pet.

By agreeing to the proposed Settlement described in this Notice, the defendants make no admission as to the truth of these allegations, and they deny any wrongdoing.
Who can participate in this litigation?   (top)
The Class includes all pet owners in the United States or Canada who purchased, used or obtained or whose pets consumed the Recalled Pet Food Products, unless you are a member of the class certified by the Circuit Court of the First Circuit, State of Hawai'i in Lum v. Menu Foods, Inc., et al. (Civil No. 07-1-0849-05 (EEH)). If you have questions regarding whether you are a member of the Lum class, you may contact the Claims Administrator. The contact information for the Claims Administrator is at the end of this Notice.

Carol, wasnt Tuesday supposed to be the deadline for the judge to rule on the settlement or something like that?   

well I haven't seen anything...but if this judge is anything like the one Don Earl was before I won't hold my breath...I still think ChemNutra is the scapegoat...they did wrong if they did indeed know the imports were labeled to avoid inspection whether or not they knew it was contaminated but that does not explain the cyanuric acid that has shown up in food prior to the Nov 2006 ChemNutra/Menu connection...

My local paper had an article today saying the hearing would be held. Hopefully there will be a follow up story tomorrow on the results. I sent 2 letters to him monthes ago & never even got an acknowledgement.

Here is Lisa's article up today

http://consumeraffairs.com/news04/2008/10/pet_food_settlement.html