Marshall v. AT&T Mobility LLC et al

Filing 79

ORDER of RELATED CASES and CONSOLIDATION signed by Judge Morrison C. England, Jr on 5/4/12 ORDERING case 1:12-CV-00665-LJO-DLB be RELATED and REASSIGNED to District Judge Morrison C. England, Jr. and Magistrate Judge Gregory G. Hollows. It is further ORDERED that this action is CONSOLIDATED. 2:11-cv-2310 MCE GGH is designated as the master file. The clerk is DIRECTED to add all complaints and answers filed in member cases to the master case. The Clerk of the Court is to issue an Order RequiringJoint Status Report due on or before June 4, 2012; the clerk is DIRECTED to administratively close the member case. Parties are DIRECTED to file all future pleadings, motions and other filings ONLY in 2:11-cv-2310 MCE GGH. (Meuleman, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BRANDON MARSHALL, et.al., 12 Plaintiff, 13 14 No. 2:11-cv-02310-MCE-GGH (and Consolidated Cases) ORDER OF RELATED CASES AND CONSOLIDATION v. AT&T MOBILITY LLC, a Limited Liability Company, 15 16 Defendant. _________________________________/ 17 SHAWN SWANSON, 18 No. 1:12-cv-00665-LJO-DLB Plaintiff, 19 v. 20 AT&T MOBILITY SERVICES LLC, 21 Defendant. _________________________________/ 22 23 24 After review of the Notice of Related Cases filed on May 2, 2012, the Court makes the following Order: 25 Examination of the below listed civil action reveals that 26 these actions are related within the meaning of Local Rule 123(a) 27 (E.D. Cal. 1997). 28 /// 1 1 The actions involve many of the same defendants and are based on 2 the same or similar claims, the same property transaction or 3 event, similar questions of fact and the same questions of law, 4 and would therefore entail a substantial duplication of labor if 5 heard by different judges. 6 matters to the same judge is likely to effect a substantial 7 savings of judicial effort and is also likely to be convenient 8 for the parties. 9 related cases are generally assigned to the district judge and 10 magistrate judge to whom the first filed action was assigned. 11 Accordingly, the assignment of the Under the regular practice of this Court, IT IS THEREFORE ORDERED that pursuant to Fed. R. Civ. 12 Proc. 42, the action denominated as No. 1:12-cv-00665, Shawn 13 Swanson v. AT&T Mobility Services LLC, is reassigned to Judge 14 Morrison C. England, Jr. and Magistrate Judge Gregory G. Hollows 15 and consolidated for all further proceedings. 16 currently set in this action are hereby VACATED. 17 IT IS SO ORDERED. 18 1. Any dates 19 20 Pursuant to Fed. R. Civ. Proc. 42, the above listed actions are consolidated; 2. The Clerk of the Court is directed to add all 21 complaints and answers filed in the member case to the master 22 case; 23 24 25 3. The Clerk of the Court is to issue an Order Requiring Joint Status Report due on or before June 4, 2012; 4. The Clerk of the Court is directed to administratively 26 close the member case; and that the Clerk of the Court make 27 appropriate adjustment in the assignment of civil cases to 28 compensate for this reassignment; and 2 1 2 3 5. The parties are directed to file all future pleadings, motions and other filings ONLY in case No. 2:11-cv-02310-MCE-GGH. Dated: May 4, 2012 4 5 6 _____________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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