Hanna v. Mariposa County Sheriff Dept. et al

Filing 48

ORDER on Plaintiff's 47 Motion for a Temporary Restraining Order and ORDER to SHOW CAUSE signed by District Judge Anthony W. Ishii on 10/29/2013. (Attachments: # 1 Local Rule 123)(Sant Agata, S)

RULE 123 (Fed. R. Civ. P. 83)
RELATED CASES

(a)
Definition of Related Cases. An action is related to another action within
the meaning of this Rule when
(1)
or a similar claim;
(2)

both actions involve the same parties and are based on the same

both actions involve the same property, transaction, or event;

(3)
both actions involve similar questions of fact and the same question
of law and their assignment to the same Judge or Magistrate Judge is likely to effect a
substantial savings of judicial effort, either because the same result should follow in
both actions or otherwise; or
(4)
for any other reasons, it would entail substantial duplication of labor
if the actions were heard by different Judges or Magistrate Judges.
(b)
Duties of Counsel. Counsel who has reason to believe that an action on
file or about to be filed may be related to another action on file (whether or not
dismissed or otherwise terminated) shall promptly file in each action and serve on all
parties in each action a Notice of Related Cases. This notice shall set forth the title and
number of each possibly related action, together with a brief statement of their
relationship and the reasons why assignment to a single Judge and/or Magistrate Judge
is likely to effect a savings of judicial effort and other economies. The Clerk shall notify
the Judges and Magistrate Judges to whom the actions are assigned promptly of such
filing.
(c)
Reassignment. Following the filing of a Notice of Related Cases, the
Chief Judge or a Judge designated by the Chief Judge may, by special order, reassign
either action to any Judge or Magistrate Judge sitting in the Eastern District of California
as the situation may dictate. If the Judge to whom the action with the lower or lowest
number has been assigned determines that assignment of the actions to a single Judge
is likely to effect a savings of judicial effort or other economies, that Judge is authorized
to enter an order reassigning all higher numbered related actions to himself or herself.
(d)
Refiling. An action may not be dismissed and thereafter refiled for the
purpose of obtaining a different Judge or Magistrate Judge. If an action is dismissed
and it, or one essentially the same, is refiled, it shall be assigned to the same Judge and
Magistrate Judge. It is the duty of all counsel appearing therein to bring the facts of the
refiling to the attention of the Clerk pursuant to this Rule. See L.R. 110.
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(e)
Habeas Corpus Petitions.
Related habeas corpus petitions are
governed by L.R. 190(d) or L.R. 191(f)(5) as the case may be.
(f)
Petition for Violation of Probation or Supervised Release. Where a
Notice of Related Cases is filed suggesting that a petition for probation action and/or
violation of the terms of supervised release should be related to a new indictment, and
the basis of the probation petition or alleged supervised release violation is the conduct
underlying the new indictment, the two actions shall be related and the Judge or
Magistrate Judge assigned to the new criminal action shall also be assigned the earlier
action, unless the original sentencing judge desires to retain the first action, in which
circumstance both actions shall be assigned to the original sentencing judge.

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