Yuba County Water Agency v. National Marine Fisheries Service et al

Filing 21

NON-RELATED CASE ORDER signed by Judge Lawrence K. Karlton on 3/7/2013 ORDERING that the Court DECLINES to relate cases 2:06-cv-2845LKK-JFM, 2:13-cv-00059 MCE-EFB, and 2:13-cv-00042-MCE-CKD. (Zignago, K.)

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SOUTH YUBA RIVER CITIZENS
LEAGUE and FRIENDS OF THE
RIVER,

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NO. CIV. S-06-2845 LKK/JFM
Plaintiffs,

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v.
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NATIONAL MARINE FISHERIES
SERVICE, et al.,
Defendants.

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/
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SOUTH YUBA RIVER CITIZENS
LEAGUE,

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Plaintiff,

NO. CIV. S-13-0059 MCE/EFB

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v.
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NATIONAL MARINE FISHERIES
SERVICE, UNITED STATES
DEPARTMENT OF COMMERCE;
REBECCA M. BLANK, in her
official capacity as
Acting Secretary of
Commerce; RODNEY R. MCINNIS,
in his official capacity as
Regional Administrator,
Southwest Region, National
Marine Fisheries Service,

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Defendants.
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/
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YUBA COUNTY WATER AGENCY,

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Plaintiff,

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NO. CIV. S-13-0042 MCE/CKD

v.
NATIONAL MARINE FISHERIES
SERVICE; UNITED STATES
DEPARTMENT OF COMMERCE;
REBECCA M. BLANK, in her
official capacity as
Acting Secretary of
Commerce; RODNEY R. MCINNIS,
in his official capacity as
Regional Administrator,
Southwest Region, National
Marine Fisheries Service;
U.S. ARMY CORPS OF ENGINEERS;
LIEUTENANT GENERAL THOMAS P.
BOSTICK, in his official
capacity as Commanding
General of U.S. Army Corps
of Engineers; and COLONEL
WILLIAM J. LEADY, P.E., in
his official capacity as
District Commander, Sacramento
District, U.S. Army Corps
of Engineers,

NON-RELATED CASE ORDER

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Defendants.
/

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The court is in receipt of Plaintiff South Yuba River Citizens

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League’s

notice

of

related

cases,

filed

pursuant

to

Eastern

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District of California Local Rule 123(b) (2013).

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No. 503.

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Citizens League, et al. v. National Marine Fisheries Service, et

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al., Case No. 2:13-cv-00059 MCE-EFB; as well as Yuba County Water

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Agency v. National Marine Fisheries Service, No. 2:13-cv-00042-MCE-

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CKD, be related to South Yuba River Citizens League, et al. v.

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National Marine Fisheries Service, et al., 2:06-cv-2845 LKK-JFM.

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Pl's Not., ECF

Plaintiff requests that two cases, South Yuba River

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Eastern District of California Local Rule 123(a) provides that
an action is related to another action when:
(1) both actions involve the same parties and are
based on the same or a similar claim;

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(2) both actions involve
transaction, or event;

the

same

property,

(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

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(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) (2013).

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The court finds that South Yuba River Citizens League, et al.

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v. National Marine Fisheries Service, et al., case no. 2:06-cv-2845

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LKK-JFM is not sufficiently related to South Yuba River Citizens

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League, et al. v. National Marine Fisheries Service, et al., Case

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No. 2:13-cv-00059 MCE-EFB and Yuba County Water Agency v. National

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Marine Fisheries Service, No. 2:13-cv-00042-MCE-CKD. Reassignment

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of the two pending actions to the undersigned is not likely to

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effect a savings of judicial effort or other economies.

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The court, therefore, DECLINES to relate the cases.

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IT IS SO ORDERED.

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DATED: March 7, 2013.

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