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