Tompkins v. C&S Wholesale Grocers, Inc. et al

Filing 16

RELATED CASE ORDER signed by Judge Garland E. Burrell, Jr on 12/7/11 ORDERING that this case be related to case number 2:11-CV-2836 KJM-CKD and that the related case be reassigned to Judge Garland E. Burrell, Jr and Magistrate Judge Edmund F. Brennan for all further proceedings; any dates currently set in the reassigned case are VACATED. Further, a Status Conference is scheduled in 2:11-cv-2836 before the undersigned judge on 3/12/12, at 9:00 a.m. A joint status report shall be filed no later than fourteen (14) days prior. The Clerk shall make the appropriate adjustments in the case assignment.(Meuleman, A)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE EASTERN DISTRICT OF CALIFORNIA 6 7 8 9 10 DAVID TOMPKINS; individually and on behalf of members of the general public similarly situated, and as aggrieved employees pursuant to the Private Attorney General Act (“PAGA”), Plaintiff, 11 12 v. 15 C&S WHOLESALE GROCERS, INC., a Vermont corporation; TRACY LOGISTICS, LLC, an unknown business entity; and DOES 1 through 100, inclusive, 16 Defendants. ________________________________ 17 DAVID TOMPKINS; individually and on behalf of members of the general public similarly situated, and as aggrieved employees pursuant to the Private Attorney General Act (“PAGA”), 13 14 18 19 20 21 22 23 24 25 26 27 Plaintiff, v. C&S WHOLESALE GROCERS, INC., a Vermont corporation; TRACY LOGISTICS, LLC, an unknown business entity; and DOES 1 through 100, inclusive, Defendants. ________________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 28 1 2:11-cv-0703-GEB-EFB RELATED CASE ORDER 2:11-cv-2836-KJM-CKD 1 Defendants filed a “Notice of Related Case” document in which 2 they state: “[t]he instant case was previously removed by C&S[ and t]he 3 Court entered an Order remanding the case[.]” (ECF No. 4.) “Based upon 4 information received in Plaintiff’s discovery responses, Defendants have 5 sought to remove the case [again].” Id. 6 Examination of the above-entitled actions reveals they are 7 related within the meaning of Local Rule 123. Under the regular practice 8 of this Court, related cases are generally assigned to the judge and 9 magistrate judge to 10 Therefore, action 2:11-cv-2836 11 Burrell, Jr., and Magistrate Judge Brennan for all further proceedings, 12 and any date currently set in the reassigned case is VACATED. Henceforth 13 the caption on any document filed in the reassigned case shall show the 14 initials “GEB-EFB.” whom the first is filed reassigned action to was Judge assigned. Garland E. 15 Further, a Status Conference is scheduled in 2:11-cv-2836 16 before the undersigned judge on March 12, 2012, at 9:00 a.m. A joint 17 status report shall be filed no later than fourteen (14) days prior. 18 The Clerk of the Court shall make appropriate adjustment in 19 the assignment of civil cases to compensate for this reassignment. 20 Dated: December 7, 2011 21 22 23 GARLAND E. BURRELL, JR. United States District Judge 24 25 26 27 28 2

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