Gyorke-Takatri et al v. Nestle USA, Inc., et al

Northern District of California, cand-4:2015-cv-03702

ORDER DECLINING TO RELATE CASE. Signed by Judge Lucy H. Koh on 9/11/2015. (lhklc3, COURT STAFF)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 Case No. 15-CV-03702-YGR(LHK) Northern District of California MICHELLE GYORKE-TAKATRI and United States District Court 13 KATIE SILVER, ORDER DECLINING TO RELATE Plaintiffs, CASE 14 v. 15 16 GERBER PRODUCTS COMPANY, et al., Defendants. 17 18 On August 31, 2015, U.S. District Judge Yvonne Gonzalez Rogers referred the above- 19 entitled action to the undersigned judge to consider whether it is related to Bruton v. Gerber 20 Products Co. et al., Case No. 12-CV-02412-LHK. See ECF No. 19. 21 As the judge assigned to Bruton, I find that the above-entitled action is not related and 22 therefore decline to relate it. The complaint in the above-entitled action alleges that Defendants 23 violated 21 C.F.R. § 102.5, see ECF No. 1-2 ¶¶ 5, 62, a regulation that was not at issue in Bruton. 24 Moreover, the above-entitled action concerns only Gerber Graduate Puffs, see id.¶¶1-4, a product 25 that was not at issue in Bruton beyond the pleadings stage. For these reasons, I decline to relate 26 the above-entitled action to Bruton. 27 IT IS SO ORDERED. 28 1 Case No. 15-CV-03702-YGR(LHK) ORDER DECLINING TO RELATE CASE 1 Dated: September 11, 2015 2 ______________________________________ LUCY H. KOH 3 United States District Judge 4 5 6 7 8 9 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No. 15-CV-03702-YGR(LHK) ORDER DECLINING TO RELATE CASE