In Re City of San Bernardino, California

Filing 9

ORDER DENYING MOTION TO CONSOLIDATE CASES AS MOOT 8 by Judge Otis D. Wright, II. (lc) Modified on 1/20/2015. (lc).

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United States District Court
Central District of California

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Case No. 5:14-cv-02505-ODW

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In Re:

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CITY OF SAN BERNARDINO,

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CALIFORNIA,
Debtor,

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__________________________________

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[8]

PROFESSIONAL FIREFIGHTERS

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CONSOLIDATE CASES AS MOOT

SAN BERNARDINO CITY

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ORDER DENYING MOTION TO

LOCAL 891
Appellant,

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v.

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CITY OF SAN BERNARDINO,

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CALIFORNIA,

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Appellee.

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On January 9, 2015, Debtor and Appellee City of San Bernardino, California

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(“the City”) filed a “Motion to Consolidate Related Cases Before This Court.” (ECF

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No. 8.) While labeled as a motion to “Consolidate,” the City’s motion is actually a

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motion to transfer to this Court a matter pending before a different judge. The

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requested transferee case, Case No. 5:15-cv-00025-AB, is the second of two cases

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created from a single Notice of Appeal. This was an admitted error by the Clerk’s

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Office and the second case has since been closed. The first case created from the

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Notice of Appeal, Case No. 5:15-cv-00014-ODW, was properly assigned to this

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Court.

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The admission of error by the Clerk’s Office and the closing of Case No. 5:15-

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cv-00025-AB occurred on the same day as the City filed this pending motion. All

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four appeals arising from Bankruptcy Case No. 6:12-bk-28006-MJ are properly before

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this Court, albeit as separate cases. As a result, the Court DENIES the City’s Motion

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to Consolidate as MOOT.

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The Court strongly encourages counsel for both sides to meet and confer as to

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whether consolidating three of the cases—Case Nos. 5:14-cv-02505-ODW, 5:15-cv-

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00042-ODW, and 5:15-cv-00014-ODW—under one case number pursuant to Local

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Bankruptcy Rule 8018-2.2 is practicable and appropriate.

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IT IS SO ORDERED.

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January 20, 2015

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____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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