Harvey v. City of South Lake Tahoe et al

Filing 52

RELATED CASE ORDER signed by Judge Kimberly J. Mueller on 5/3/2012. Action denominated 2:12-CV-0526 JAM JFM is REASSIGNED to District Judge Kimberly J. Mueller and Magistrate Judge Edmund F. Brennan for all further proceedings. Henceforth, caption on documents filed shall be shown as 2:12-CV-0526 KJM EFB. (Marciel, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANIEL THOMAS HARVEY,

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Plaintiff,

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No. Civ S-10-1653-KJM-EFB PS

vs.
CITY OF SOUTH LAKE TAHOE;
EL DORADO COUNTY; ANDREW
EISSINGER; CHARLES DUKE,
Defendants.
__________________________________/

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DANIEL THOMAS HARVEY,
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Plaintiff,

No. Civ S-12-0526-JAM-JFM PS

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vs.
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CITY OF SOUTH LAKE TAHOE;
DOUGLAS COUNTY; EL DORADO
COUNTY; ROBERT K. PRISCARO;
JAKE HERMINGHAUS; SHANNON
LANEY; ANDREW EISSINGER,

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RELATED CASE ORDER
Defendants.

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/
Examination of the above-entitled civil actions reveals that these actions are related

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within the meaning of Local Rule 123(a). The actions involve many of the same defendants and

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are based on the same or similar claims, involve many of the same events, and involve similar

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questions of fact and law, such that their assignment to the same Judge and Magistrate Judge

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would effect a savings of judicial effort. Accordingly, the matters are deemed related under

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Local Rule 123(a) and will be reassigned to the Judge and Magistrate Judge to whom the first

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filed action was assigned. See E.D. Cal. L.R. 123(c) (“If the Judge to whom the action with the

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lower or lowest number has been assigned determines that assignment of the actions to a single

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Judge is likely to effect a savings of judicial effort or other economies, that Judge is authorized

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to enter an order reassigning all higher numbered related actions to himself or herself.”). The

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parties should be aware that relating the cases under Local Rule 123 merely has the result that

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both actions are assigned to the same Judge and Magistrate Judge; no consolidation of the

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actions is effected.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The action denominated No. 2:12-cv-526-JAM-JFM, Harvey v. City of South Lake

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Tahoe, et al., is reassigned from Judge John A. Mendez to the undersigned, and from Magistrate

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Judge John Moulds to Magistrate Judge Edmund F. Brennan. Henceforth, the caption on

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documents filed in the reassigned case shall be shown as No. 2:12-cv-526-KJM-EFB.

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2. All hearing dates before the previously assigned Judge and/or Magistrate Judge,

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including the August 16, 2012 status (pretrial scheduling) conference (ECF 3) and the June 28,

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2012 hearing on Defendant El Dorado County and Robert Priscaro’s motion to dismiss (ECF 14)

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are vacated. Defendants El Dorado County and Robert Priscaro shall re-notice their motion for

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hearing before Magistrate Judge Edmund F. Brennan in accordance with Local Rules 230(b) and

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302(c)(21).

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3. The two motions to dismiss that were previously submitted without oral argument

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(ECF 4 and 8) will remain submitted without oral argument unless the moving defendants elect

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to re-notice them for hearing before Magistrate Judge Edmund F. Brennan. The motions will be

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decided by the newly assigned Judge and Magistrate Judge.

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4. The Clerk of the Court shall make appropriate adjustment in the assignment of civil

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cases to compensate for this reassignment.

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DATED: May 3, 2012.

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UNITED STATES DISTRICT JUDGE

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