Morgan Hill Concerned Parents Association v. California Department of Education

Filing 33

ORDER signed by Judge Kimberly J. Mueller on 7/31/13 ORDERING that the Court DECLINES to reassign Everett H under Local Rule 123(c).(Mena-Sanchez, L)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MORGAN HILL CONCERNED PARENTS ASSOCIATION, 11 Plaintiff, No. 11-cv-03471- KJM-AC 12 vs. 13 14 CALIFORNIA DEPARTMENT OF EDUCATION, et al., Defendants. 15 / 16 17 EVERETT H., et al., 18 Plaintiffs, No. 13-cv-00889-MCE-DAD vs. 19 20 DRY CREEK JOINT ELEMENTARY SCHOOL DISTRICT, et al., ORDER ON RELATED CASE REQUEST 21 Defendants. / 22 23 24 Examination of the above-captioned actions reveals that they are not related 25 within the meaning of Local Rule 123(a). Under Local Rule 123(a), two actions are related 26 when: 1 1 2 3 4 5 6 7 (1) [B]oth actions involve the same parties and are based on the same or a similar claim; (2) both actions involve the same property, transaction, or event; (3) both actions involve similar questions of fact and the same question of law and their assignment to the same Judge or Magistrate Judge is likely to effect a substantial savings of judicial effort, either because the same result should follow in both actions or otherwise; or (4) for any other reasons, it would entail substantial duplication of labor if the actions were heard by different Judges or Magistrate Judges. Local Rule 123(a)(3). Although both cases name the California Department of Education (CDE) as a 8 defendant, Morgan Hill focuses on CDE’s alleged deficiencies throughout the state, whereas the 9 facts alleged in the Everett H complaint concern only one particular school. Thus, assigning 10 both cases to the same judge would not result in a substantial savings of judicial effort. 11 court declines to reassign Everett H under Local Rule 123(c). 12 13 IT IS SO ORDERED. DATED: July 31, 2013. 14 15 UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 2 The

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