County of Amador v. The United States Department of the Interior et al

Filing 103

RELATED CASE ORDER signed by District Judge Troy L. Nunley on 3/8/19 REASSIGNING CASE 2:18-cv-01398-MCE-CKD to District Judge Troy L. Nunley for all further proceedings. The caption shall read 2:18-cv-01398-TLN-CKD. Any dates currently set in 2:18-cv-01398-MCE-CKD are hereby VACATED, and the parties are ordered to refile any pending Motions before this Court. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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COUNTY OF AMADOR,

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Plaintiff,
v.
UNITED STATES DEPARTMENT OF
INTERIOR, et al.,
Defendants.

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NO. CASINO IN PLYMOUTH, et al.,

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v.
UNITED STATES DEPARTMENT OF
INTERIOR, et al.,

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RELATED CASE ORDER

Defendants.
NO. CASINO IN PLYMOUTH, et al.,

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No. 2:12-cv-01748-TLN-CMK

Plaintiff,

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No. 2:12-cv-01710-TLN-CKD

No. 2:18-cv-01398-MCE-CKD

Plaintiff,
v.
NATIONAL INDIAN GAMING
COMMISSION, et al.,
Defendants.

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The Court has reviewed Defendants’ Notice of Related Case (ECF No. 6) and Plaintiffs’

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Response thereto (ECF No. 7) filed in 2:18-cv-01398-MCE-CKD. Examination of the above-

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captioned actions reveals that they are related within the meaning of Local Rule 123 (E.D. Cal.

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1997). Pursuant to Rule 123 of the Local Rules of the United States District Court for the Eastern

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District of California, two actions are related when they involve the same parties and are based on

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a same or similar claim; when they involve the same transaction, property, or event; or when they

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“involve similar questions of fact and the same question of law and their assignment to the same

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Judge . . . is 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).

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Here, the actions involve similar and sometimes overlapping parties, are based on the

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same or similar background facts, and involve similar questions of law. At a minimum, it appears

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the actions involve the review of the same lengthy administrative record. Consequently,

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assignment to the same judge would “effect a substantial savings of judicial effort.” L.R. 123(a),

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see also L.R. 123(c).

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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 first

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filed action was assigned.

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IT IS THEREFORE ORDERED that the action denominated 2:18-cv-01398-MCE-CKD

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is reassigned to District Judge Troy L. Nunley and Magistrate Judge Carolyn K. Delaney, and the

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caption shall read 2:18-cv-01398-TLN-CKD. Any dates currently set in 2:18-cv-01398-MCE-

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CKD 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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IT IS SO ORDERED.
Dated: March 8, 2019

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Troy L. Nunley
United States District Judge

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