MOTION to Transfer Case [FILED WITH MDL] The Motion of Plaintiff Custom Printing of Willmar, Inc., for Transfer and Consolidation of related Antitrust Actions to the District of Connecticut Pursuant to 28 U.S.C. Section 1407 by Custom Printing of Willmar, Inc..(Pease, Peter)
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Page 1 Case 1:04-cv-11583-GAO Document27 ~~ Filed 09/23/2004 Page 1 of2
BEFORE THE JUDICIAL PANEL
ON MULTIDISTRICT LITIGATION
IN RE PUBLICATION PAPER MDL DOCKET No. 1631
ANTITRUST LITIGATION
THE MOTION OF PLAINTIFF CUSTOM PRINTING OF WILLMAR, INC. FOR
TRANSFER AND CONSOLIDATION OF RELATEDANTITRUSTACTIONS TO
THE DISTRICT OF CONNECTICUT PURSUANT TO 28 U.S.C. § 1407
Plaintiff Custom Printing of Willmar, Inc. (“Plaintiff”) respectfully moves the Judicial
Panel on Multidistrict Litigation for an Order, pursuant to Title 28 U.S.C. § 1407, directing the
following: 1) transferring one putative class action, from the actions currently pending
nationwide, including the action commenced by Plaintiff in the United States District Court for
the District of Massachusetts, Custom Printing of Willmar, Inc. v. International Paper Co., et al.,-CV-11583 (GAO) (D. Mass.) (filed July 15, 2004) (the “Custom Printing Action”), as well as
any subsequently filed actions asserting similar or related claims, to the United States District
Court for the District of Connecticut; and 2) consolidating these proceedings with the two actions
that are currently pending in the District of Connecticut, Charles J. Gardella, Jr. v. International
Paper Co., et al., 3:04-CV-935-SRU (D. Conn.) (filed June 8, 2004) (the “Gardella Action”), and
Larry Weiss v. International Paper Co., et al., 3:04-CV-974-CFD (filed June 15, 2004) (the
“Weiss Action’).
For the reasons set for in the Motion of the Plaintiff Charles J. Gardella, Jr. for Transfer
and Consolidation, which is currently pending before this Panel, as well as the papers filed in
support of said Motion, Plaintiff believes that transfer to the District of Connecticut, and
consolidation with the cases there pending, is appropriate.Page 2 Case 1:04-cv-11583-GAO Document27 ~~ Filed 09/23/2004 Page 2of2
WHEREFORE, Plaintiff respectfully requests that the Panel order that the Custom
Printing Action, and all similar or related actions, as well as all subsequently filed actions
asserting similar or related claims, be transferred to the District of Connecticut for consolidated
and coordinated pretrial proceedings.
DATED: September 23, 2004
HEINS MILLS & OLSON, P.L.C.
Samuel D. Heins
Vincent J. Esades
Troy J. Hutchinson
IDS Center
South Eighth Street
Minneapolis, Minnesota 55402
Telephone: (612) 338-4605
Facsimile: (612) 338-4692
Peter A. Pease
Joseph J. Tabacco, Jr.
BERMAN DEVALERIO PEASE TABACCO
BURT & PUCILLO
California Street, Suite 2025
San Francisco, CA 94104
Telephone: (415) 433-3200
Facsimile: (415) 433-6382
Mark Wermerskirchen
DARVAL, WERMERSKIRCHEN
& FRANK, P.A.
Appletree Square
East Highway 12
P.O. Box 1175
Willmar, MN 56201
Telephone: (320) 235-1876
Facsimile: (320) 235-1934
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Case 1:04-cv-11583-GAO Document27 ~~ Filed 09/23/2004 Page 1 of2
BEFORE THE JUDICIAL PANEL
ON MULTIDISTRICT LITIGATION
IN RE PUBLICATION PAPER MDL DOCKET No. 1631
ANTITRUST LITIGATION
THE MOTION OF PLAINTIFF CUSTOM PRINTING OF WILLMAR, INC. FOR
TRANSFER AND CONSOLIDATION OF RELATEDANTITRUSTACTIONS TO
THE DISTRICT OF CONNECTICUT PURSUANT TO 28 U.S.C. § 1407
Plaintiff Custom Printing of Willmar, Inc. (“Plaintiff”) respectfully moves the Judicial
Panel on Multidistrict Litigation for an Order, pursuant to Title 28 U.S.C. § 1407, directing the
following: 1) transferring one putative class action, from the actions currently pending
nationwide, including the action commenced by Plaintiff in the United States District Court for
the District of Massachusetts, Custom Printing of Willmar, Inc. v. International Paper Co., et al.,
04-CV-11583 (GAO) (D. Mass.) (filed July 15, 2004) (the “Custom Printing Action”), as well as
any subsequently filed actions asserting similar or related claims, to the United States District
Court for the District of Connecticut; and 2) consolidating these proceedings with the two actions
that are currently pending in the District of Connecticut, Charles J. Gardella, Jr. v. International
Paper Co., et al., 3:04-CV-935-SRU (D. Conn.) (filed June 8, 2004) (the “Gardella Action”), and
Larry Weiss v. International Paper Co., et al., 3:04-CV-974-CFD (filed June 15, 2004) (the
“Weiss Action’).
For the reasons set for in the Motion of the Plaintiff Charles J. Gardella, Jr. for Transfer
and Consolidation, which is currently pending before this Panel, as well as the papers filed in
support of said Motion, Plaintiff believes that transfer to the District of Connecticut, and
consolidation with the cases there pending, is appropriate.
PDF Page 3
Case 1:04-cv-11583-GAO Document27 ~~ Filed 09/23/2004 Page 2of2
WHEREFORE, Plaintiff respectfully requests that the Panel order that the Custom
Printing Action, and all similar or related actions, as well as all subsequently filed actions
asserting similar or related claims, be transferred to the District of Connecticut for consolidated
and coordinated pretrial proceedings.
DATED: September 23, 2004
HEINS MILLS & OLSON, P.L.C.
Samuel D. Heins
Vincent J. Esades
Troy J. Hutchinson
3550 IDS Center
80 South Eighth Street
Minneapolis, Minnesota 55402
Telephone: (612) 338-4605
Facsimile: (612) 338-4692
Peter A. Pease
Joseph J. Tabacco, Jr.
BERMAN DEVALERIO PEASE TABACCO
BURT & PUCILLO
425 California Street, Suite 2025
San Francisco, CA 94104
Telephone: (415) 433-3200
Facsimile: (415) 433-6382
Mark Wermerskirchen
DARVAL, WERMERSKIRCHEN
& FRANK, P.A.
Appletree Square
1601 East Highway 12
P.O. Box 1175
Willmar, MN 56201
Telephone: (320) 235-1876
Facsimile: (320) 235-1934
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