Aoki et al v. Gilbert et al

Filing 500

ORDER signed by District Judge Troy L. Nunley on 8/25/2021 REASSIGNING CASE 2:21-cv-01502-JAM-AC to District Judge Troy L. Nunley and Magistrate Judge Carolyn K. Delaney for all further proceedings VACATING any dates set in that case; and DIRECTING the parties to refile any pending motions in that case. (Coll, A)

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Case 2:11-cv-02797-TLN-CKD Document 500 Filed 08/26/21 Page 1 of 3 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 THOMAS T. AOKI and AOKI DIABETES RESEARCH INSTITUTE, Plaintiffs, 13 14 15 v. GREGORY FORD GILBERT, Defendant. 16 17 MELANIE J. KUNZ, et al., 18 19 20 21 No. 2:11-cv-02797-TLN-CKD No. 2:21-cv-01502-JAM-AC Plaintiffs, v. THOMAS T. AOKI, et al., RELATED CASE ORDER Defendants. 22 23 Plaintiff filed an Amended Notice of Related Cases in each of the above-captioned actions 24 on August 23, 2021. (ECF No. 499.) Examination of the above-captioned actions reveals they 25 are related within the meaning of Local Rule 123 (E.D. Cal. 1997). Pursuant to Rule 123 of the 26 Local Rules of the United States District Court for the Eastern District of California, two actions 27 are related when they involve the same parties and are based on the same or similar claim(s); 28 1 Case 2:11-cv-02797-TLN-CKD Document 500 Filed 08/26/21 Page 2 of 3 1 when they involve the same transaction, property, or event; or when they “involve similar 2 questions of fact and the same question of law and their assignment to the same Judge . . . is 3 likely to effect a substantial savings of judicial effort.” L.R. 123(a). Further, 4 [i]f the Judge to whom the action with the lower or lowest number has been assigned determines that assignment of the actions to a single Judge is likely to effect a savings of judicial effort or other economies, that Judge is authorized to enter an order reassigning all higher numbered related actions to himself or herself. 5 6 7 8 9 L.R. 123(c). Here, the above-captioned actions are related because both actions (1) involve the same parties and are based on the same or similar claims of patent infringement, copyright 10 infringement, false advertising and unfair business practices under state and federal law; (2) the 11 same property, transaction or event in that it involves the theft and false marketing of Dr. Aoki’s 12 patented treatment; (3) involve similar questions of fact and law regarding probable cause for 13 bringing claims for patent infringement copyright infringement, false advertising and unfair 14 business practices, and their assignment to the same Judge is likely to effect a substantial savings 15 of judicial effort; and (4) it would entail substantial duplication of labor if the actions were heard 16 by a different Judge. 17 Relating the cases under Local Rule 123, however, merely has the result that both actions 18 are assigned to the same judge, it does not consolidate the actions. Under the regular practice of 19 this Court, related cases are generally assigned to the judge and magistrate judge to whom the 20 first filed action was assigned. Should either party wish to consolidate the actions, the 21 appropriate motion or stipulation must be filed. 22 IT IS THEREFORE ORDERED that the action denominated 2:21-cv-01502-JAM-AC is 23 reassigned to District Judge Troy L. Nunley and Magistrate Judge Carolyn K. Delaney, and the 24 caption shall read 2:21-cv-01502-TLN-CKD. Any dates currently set in 2:21-cv-01502-JAM-AC 25 are hereby VACATED, and the parties are ordered to refile any pending motions before this 26 Court. The Clerk of the Court is to issue the Initial Pretrial Scheduling Order. 27 28 2 Case 2:11-cv-02797-TLN-CKD Document 500 Filed 08/26/21 Page 3 of 3 1 2 IT IS SO ORDERED. Dated: August 25, 2021 Troy L. Nunley United States District Judge 3 4 5 6 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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