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

Filing 24

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

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
SAN JOSE DIVISION

United States District Court
Northern District of California

11
12
13

16
17
18

ORDER DECLINING TO RELATE
CASE

Plaintiffs,

14
15

Case No. 15-CV-03702-YGR(LHK)

MICHELLE GYORKE-TAKATRI and
KATIE SILVER,

v.
GERBER PRODUCTS COMPANY, et al.,
Defendants.
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
______________________________________
LUCY H. KOH
United States District Judge

2
3
4
5
6
7
8
9
10

United States District Court
Northern District of California

11
12
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