Aoki et al v. Gilbert et al

Filing 66

RELATED CASE ORDER signed by Judge Morrison C. England, Jr. on 05/25/12 ORDERING that, pursuant to 65 Notice of Related Case, that the action 2:11-cv-2797 MCE CKD and 2:12-cv-01334-GEB-GGH are RELATED; 2:12-cv-01334-GEB-GGH, Kenneth Murray v. Thomas T. Aoki, M.D. and Aoki Diabetes Research Institute, is REASSIGNED to Judge Morrison C. England, Jr. and Magistrate Judge Carolyn K. Delaney for all further proceedings. (Benson, A.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THOMAS T. AOKI, M.D., an
individual, and AOKI DIABETES
RESEARCH INSTITUTE, a
California Non-Profit
Corporation,

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RELATED CASE ORDER

Plaintiffs,

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No. 2:11-cv-02797-MCE-CKD

v.
GREGORY FORD GILBERT, an
individual, et al.,

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Defendants.
____________________________/

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KENNETH MURRAY,

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Plaintiff,

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No. 2:12-cv-01334-GEB-GGH

v.
THOMAS T. AOKI, M.D. and AOKI
DIABETES RESEARCH INSTITUTE,

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Defendants.
____________________________/

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The Court has received the Notice of Related Case filed on

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May 17, 2012.

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Examination of the above-entitled civil actions reveals that

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these actions are related within the meaning of Local Rule 123(a)

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(E.D. Cal. 1997).

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defendants and are based on the same or similar claims, the same

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property transaction or event, similar questions of fact and the

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same questions of law, and would therefore entail a substantial

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duplication of labor if heard by different judges.

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the assignment of the matters to the same judge is likely to

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effect a substantial savings of judicial effort and is also

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The actions involve many of the same

Accordingly,

likely to be convenient for the parties.

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The parties should be aware that relating the cases under

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Local Rule 123 merely has the result that both actions are

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assigned to the same judge; no consolidation of the action is

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effected.

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cases are generally assigned to the district judge and magistrate

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judge to whom the first filed action was assigned.

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Under the regular practice of this court, related

IT IS THEREFORE ORDERED that the action denominated 2:12-cv-

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01334-GEB-GGH, Kenneth Murray v. Thomas T. Aoki, M.D. and Aoki

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Diabetes Research Institute is reassigned to Judge Morrison C.

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England, Jr. and Magistrate Judge Carolyn K. Delaney for all

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further proceedings, and any dates currently set in this

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reassigned case only are hereby VACATED.

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is to issue an Order Requiring Joint Status Report.

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the caption on documents filed in the reassigned case shall be

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shown as 2:12-cv-01334-MCE-CKD.

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The Clerk of the Court
Henceforth,

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IT IS FURTHER ORDERED that the Clerk of the Court make

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appropriate adjustment in the assignment of civil cases to

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compensate for this reassignment.

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IT IS SO ORDERED.
Dated: May 25, 2012

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_____________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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