Whelan v. Potter

Filing 130

RELATED CASE ORDER signed by Judge Kimberly J. Mueller on 1/31/13 ORDERING that this case be related to case number 2:12-cv-2305 JAM-GGH and that the related case be reassigned to Judge Kimberly J. Mueller and Magistrate Judge Carolyn K. Delaney for all further proceedings. The Clerk shall make the appropriate adjustments in the case assignment. (Meuleman, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HELEN WHELAN,
Plaintiff,

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No. CIV S-09-3606 KJM CKD

vs.
JOHN E. POTTER, POSTMASTER GENERAL,
UNITED STATES POSTAL SERVICE, and
DOES 1-20 inclusive,
Defendants.

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/
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HELEN WHELAN,

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Plaintiff,

No. CIV S-12-2305 JAM GGH

vs.
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JOHN E. POTTER, POSTMASTER GENERAL,
UNITED STATES POSTAL SERVICE, and
DOES 1-20 inclusive,

RELATED CASE ORDER

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Defendants.
/

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Examination of the above-captioned actions reveals that they are related within

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the meaning of Local Rule 123(a). Here, “both actions involve similar questions of fact and the

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same question of law and their assignment to the same Judge or Magistrate Judge is likely to

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effect a substantial savings of judicial effort.” Local Rule 123(a)(3). Accordingly, the
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assignment of these matters to the same judge is likely to effect a substantial savings of judicial

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effort and is likely to be convenient for the parties.

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The parties should be aware that relating cases under Rule 123 causes the actions

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to be assigned to the same judge – it does not consolidate the actions. Under Rule 123, related

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cases are generally assigned to the judge and magistrate judge to whom the first filed action was

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assigned.

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As a result, it is hereby ORDERED that CIV S-12-2305, is reassigned from Judge

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John A. Mendez to the undersigned and from Magistrate Judge Gregory G. Hollows to

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Magistrate Judge Carolyn K. Delaney. Henceforth, the caption on documents filed in the

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reassigned case shall be shown as CIV S-12-2305 KJM-CKD.
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: January 31, 2013.

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UNITED STATES DISTRICT JUDGE

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