Timbisha Shoshone Tribe v. Kempthorne et al

Filing 18

RELATED CASE ORDER signed by Judge Morrison C. England, Jr on 2/2/09 relating case 2:08-cv-03060 MCE DAD with member case 2:09-cv-00246 LKK EFB. Case 2:09-cv-00246 LKK EFB reassigned to Judge Morrison C. England, Jr. and Dale A. Drozd. (Kaminski, H)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// /// /// /// 1 Defendants. ____________________________/ v. KEN SALAZAR, SECRETARY OF THE INTERIOR, et al., TIMBISHA SHOSHONE TRIBE, et al., Plaintiffs, No. 2:09-cv-00246-LKK-EFB v. DIRK KEMPTHORNE; SECRETARY OF THE UNITED STATES DEPARTMENT OF THE INTERIOR, et al., Defendants. ____________________________/ TIMBISHA SHOSHONE TRIBE, Plaintiff, RELATED CASE ORDER No. 2:08-cv-03060-MCE-DAD UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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Examination of the above-entitled civil actions reveals that these actions are related within the meaning of Local Rule 83123(a) (E.D. Cal. 1997). The actions involve many of the same

defendants and are based on the same or similar claims, the same property transaction or event, similar questions of fact and the same questions of law, and would therefore entail a substantial duplication of labor if heard by different judges. Accordingly,

the assignment of the matters to the same judge is likely to effect a substantial savings of judicial effort and is also likely to be convenient for the parties. The parties should be aware that relating the cases under Local Rule 83-123 merely has the result that both actions are assigned to the same judge; no consolidation of the action is effected. Under the regular practice of this court, related

cases are generally assigned to the district judge and magistrate judge to whom the first filed action was assigned. IT IS THEREFORE ORDERED that the action denominated 2:09-cv00246-LKK-EFB, Timbisha Shoshone Tribe, et al. v. Ken Salazar, et al. is reassigned to Judge Morrison C. England, Jr. and Dale A. Drozd for all further proceedings, and any dates currently set in this reassigned case only is hereby VACATED. The Clerk of the

Court is to issue an Order Requiring Joint Status Report. Henceforth, the caption on documents filed in the reassigned case shall be shown as 2:09-cv-00246-MCE-DAD. /// /// /// /// 2

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IT IS FURTHER ORDERED that the Clerk of the Court make appropriate adjustment in the assignment of civil cases to compensate for this reassignment. IT IS SO ORDERED. Dated: February 2, 2009

_____________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

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