United States of America et al v. Cottage Bakery, Inc. et al

Filing 14

ORDER signed by Judge Kimberly J. Mueller on 1/16/13 ORDERING that the Court DECLINES to reassign Ralcorp Holdings under Local Rule 123(c). (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA and SAN
JOAQUIN VALLEY UNIFIED AIR POLLUTION
CONTROL DISTRICT,
Plaintiffs,

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vs.

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No. 2:12-cv-1697-KJM-JFM

COTTAGE BAKERY, INC., RALCORP
FROZEN BAKERY PRODUCTS, INC.,

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Defendants.
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RALCORP HOLDINGS, INC., et al.,
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Plaintiffs,
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No. 2:12-cv-2128-JAM-DAD

vs.

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RIVERGATE PARTNERS, L.P., et al.,

ORDER ON NOTICE OF
RELATED CASE

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Defendants.
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Examination of the above-captioned actions reveals that they are not related

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within the meaning of Local Rule 123(a). Under Local Rule 123(a), two actions are related

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when:

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(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 concern violations of environmental laws at a baking facility

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in Lodi, California, United States v. Cottage Bakery is an environmental enforcement case and

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Ralcorp Holdings, Inc. v. Rivergate Partners, L.P. is a breach of contract case involving

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different legal issues. Thus, assigning both cases to the same judge would not result in a

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substantial savings of judicial effort. The court declines to reassign Ralcorp Holdings under

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Local Rule 123(c).

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IT IS SO ORDERED.
DATED: January 16, 2013.

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UNITED STATES DISTRICT JUDGE

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