Ewing v. Donahoe

Filing 10

RELATED CASE ORDER signed by Magistrate Judge John F. Moulds on 11/7/11 ORDERING that the action denominated 2:11-cv-2568-MCE-GGH, Ewing v. Donahue, be reassigned to Judge Garland E. Burrell, Jr., and Magistrate Judge John F. Moulds for all further p roceedings; Any dates currently set in this reassigned case only are hereby VACATED; Defendant in the reassigned case shall contact Judge Moulds's courtroom deputy, Jonathan Anderson, to reschedule the motion to dismiss before the undersigned; A n initial scheduling conference will be scheduled, as appropriate, following disposition of defendant's pending motion to dismiss for lack of jurisdiction; Henceforth, the caption on documents filed in the reassigned case shall be shown as 2:11-cv-2568-GEB-JFM; and the Clerk of the Court shall make appropriate adjustment in the assignment of civil cases to compensate for this reassignment. (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TOMMIE EWING,
Plaintiff,

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No. CIV 10cv0452-GEB-JFM (PS)

vs.
PATRICK R. DONAHUE1, Postmaster
General, United States Postal Service,

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Defendant.
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TOMMIE EWING,
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Plaintiff,

No. CIV 11cv2568-MCE-GGH (PS)

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vs.
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PATRICK R. DONAHUE, Postmaster
General, United States Postal Service,
Defendant.

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RELATED CASE ORDER
/

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The court has received the Notice of Related Cases filed September 29, 2011.

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Examination of the above-entitled actions reveals that the actions are related within the meaning

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of Local Rule 123(a). The actions involve the same parties, and are based on the same or similar

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claims, the same property, transaction or event, similar questions of fact and the same question

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Plaintiff complaint was brought against John E. Potter as the Postmaster General. On
October 25, 2010, however, Patrick R. Donahue was appointed as the new Postmaster General.
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of law. Accordingly, the assignment of the matters to the same judge and magistrate judge is

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likely to effect a substantial savings of judicial effort and is also likely to be convenient for the

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parties.

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

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has the result that the actions are assigned to the same judge and magistrate judge; no

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consolidation of the actions is effected. Under the regular practice of this court, related cases are

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

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Accordingly, IT IS ORDERED that:

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1. The action denominated 2:11-cv-2568-MCE-GGH, Ewing v. Donahue, be

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reassigned to Judge Garland E. Burrell, Jr., and Magistrate Judge John F. Moulds for all further

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proceedings;

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2. Any dates currently set in this reassigned case only are hereby VACATED.

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Defendant in the reassigned case shall contact Judge Moulds’s courtroom deputy, Jonathan

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Anderson, to reschedule the motion to dismiss before the undersigned;

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3. An initial scheduling conference will be scheduled, as appropriate, following
disposition of defendant’s pending motion to dismiss for lack of jurisdiction;
4. Henceforth, the caption on documents filed in the reassigned case shall be
shown as 2:11-cv-2568-GEB-JFM; and
5. The Clerk of the Court shall make appropriate adjustment in the assignment of

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civil cases to compensate for this reassignment.

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DATED: November 7, 2011.

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/014;ewin0452.relate

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