MEMORANDUM in Support re [27] 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 filed by Custom Printing of Willmar, Inc.. (Pease, Peter)
No tags have been applied so far. Sign in to add some.
Page 1 Case 1:04-cv-11583-GAO Document 28 ~ Filed 09/23/2004 Page 1 of2
BEFORE THE JUDICIAL PANEL
ON MULTIDISTRICT LITIGATION
IN RE PUBLICATION PAPER MDL DOCKET No. 1631
ANTITRUST LITIGATION
MEMORANDUM OF LAW IN SUPPORT OF THE MOTION OF PLAINTIFF CUSTOM
PRINTING OF WILLMAR, INC. FORTRANSFER AND CONSOLIDATION OF
RELATEDANTITRUSTACTIONS TO THE DISTRICT OF CONNECTICUT
PURSUANT TO 28 U.S.C. § 1407
Plaintiff Custom Printing of Willmar, Inc. (“Plaintiff”) submits this memorandum of law
in support of its Motion for Transfer and Consolidation, and in accordance with Rule 7.2 (a)(i) of
the Rules of Judicial Panel on Multidistrict Litigation.
Plaintiff accedes to, and endorses, the proffered arguments in support of transfer and
consolidation in the United States District Court for the District of Connecticut as set forth in the
Plaintiff Charles J. Gardella, Jr.’s Memorandum of Law in Support of Motion for Transfer and
Consolidation of Related Antitrust Actions to the District of Connecticut Pursuant to 28 U.S.C. §, and accompanying papers. For the reasons stated therein, Plaintiff also requests that this
Court transfer all similar or related actions, 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 all subsequently filed actions asserting similar or related
claims, to the United States District Court for the District of Connecticut for consolidation with
the actions currently pending in that District, 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 LarryPage 2 Case 1:04-cv-11583-GAO Document 28 ~ Filed 09/23/2004 Page 2of2
Weiss v. International Paper Co.., et al., 3:04-CV-974-CFD (filed June 15, 2004) (the “Weiss
Action’).
Therefore, 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
PDF Page 1
PlainSite Cover Page
PDF Page 2
Case 1:04-cv-11583-GAO Document 28 ~ Filed 09/23/2004 Page 1 of2
BEFORE THE JUDICIAL PANEL
ON MULTIDISTRICT LITIGATION
IN RE PUBLICATION PAPER MDL DOCKET No. 1631
ANTITRUST LITIGATION
MEMORANDUM OF LAW IN SUPPORT OF THE MOTION OF PLAINTIFF CUSTOM
PRINTING OF WILLMAR, INC. FORTRANSFER AND CONSOLIDATION OF
RELATEDANTITRUSTACTIONS TO THE DISTRICT OF CONNECTICUT
PURSUANT TO 28 U.S.C. § 1407
Plaintiff Custom Printing of Willmar, Inc. (“Plaintiff”) submits this memorandum of law
in support of its Motion for Transfer and Consolidation, and in accordance with Rule 7.2 (a)(i) of
the Rules of Judicial Panel on Multidistrict Litigation.
Plaintiff accedes to, and endorses, the proffered arguments in support of transfer and
consolidation in the United States District Court for the District of Connecticut as set forth in the
Plaintiff Charles J. Gardella, Jr.’s Memorandum of Law in Support of Motion for Transfer and
Consolidation of Related Antitrust Actions to the District of Connecticut Pursuant to 28 U.S.C. §
1407, and accompanying papers. For the reasons stated therein, Plaintiff also requests that this
Court transfer all similar or related actions, 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 all subsequently filed actions asserting similar or related
claims, to the United States District Court for the District of Connecticut for consolidation with
the actions currently pending in that District, 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
PDF Page 3
Case 1:04-cv-11583-GAO Document 28 ~ Filed 09/23/2004 Page 2of2
Weiss v. International Paper Co.., et al., 3:04-CV-974-CFD (filed June 15, 2004) (the “Weiss
Action’).
Therefore, 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
Back to 
