Notice Of Withdrawal Of Administrative Motion To Consider Whether Cases Should Be Related (Page 2 of 3) in pdf

Notice Of Withdrawal Of Administrative Motion To Consider Whether Cases Should Be Related Page 2

Case 3:08-cv-00543-JSW

Document 14

Filed 08/19/2008

Page 2 of 3

TO PLAINTIFFS AND THEIR ATTORNEYS OF RECORD:

Defendant Nestlé USA (“Nestlé) hereby withdraws its Administrative Motion to Consider

Whether Cases Should Be Related (the “motion”) filed on July 30, 2008.

Defendant maintains that, for the reasons set forth in the motion, the above-captioned action,

Joshua A. Weaver v. Nestlé USA, Inc. (“Weaver”) (filed June 28, 2008), is “related” to John Candido

v. The Hershey Company et al., Case 3:08-cv-00543-JSW (“Candido”) (filed January 24, 2008), as

defined by Local Rule 3-12(a). Defendant further maintains it was required to file the motion because

Candido “is or was pending in this District.” See L.R. 3-12(b). Defendant thus filed the motion

seeking reassignment of Weaver, which originally was assigned to Magistrate Judge Maria-Elena

James, to Judge Jeffrey S. White, the Judge assigned to the earlier-filed related case Candido.

Following receipt of the motion, Judge White’s chambers notified Defendant that the Court

lacks jurisdiction to enter an order relating Weaver to Candido because Candido had been transferred

to the Middle District of Pennsylvania for the consolidated multidistrict litigation proceeding In re

Chocolate Confectionary Antitrust Litigation, MDL No. 1935. Near the same time, following

Plaintiff’s declination to proceed before Magistrate Judge Maria-Elena James, Weaver was re-assigned

by random assignment to Judge White, rendering the motion moot. Consequently, in accordance with

the Court’s request, without compromising any of the grounds stated in the motion, and without

prejudice to asserting such arguments in any other context, Defendant withdraws the motion.

Dated: August 19, 2008

By:

/s/ Leigh A. Kirmssé___________________

Attorneys for Nestlé U.S.A., Inc.

Leigh A. Kirmssé (SBN 161929)

HOWREY LLP

525 Market St., Suite 3600

San Francisco, CA 94105-2708

Telephone : (415) 848-4993

Facsimile : (415) 848-4999

Email:

Roxann E. Henry (DC Bar No. 231282; pro hac

vice to be submitted)

Peter E. Moll (DC Bar No. 351569; pro hac

vice to be submitted)

HOWREY LLP

1299 Pennsylvania Avenue, N.W.

-2-

NOTICE OF WITHDRAWAL OF ADMIN. MTN. TO CONSIDER WHETHER CASES SHOULD BE RELATED

HOWREY LLP

Case No. 3:08-cv-00543-JSW

Notice Of Withdrawal Of Administrative Motion To Consider Whether Cases Should Be Related Page 2