Sears v. Bank of America et al

Filing 43

ORDER signed by Judge Kimberly J. Mueller on 4/15/15 ORDERING that case no. 2:15-CV-00753-WBS-AC is reassigned to the undersigned. The caption on documents filed in the reassigned case shall be shown as: 2:15-CV-00753-KJM-AC. It is further ORDERED that the Clerk make appropriate adjustment in the assignment of civil cases to compensate for this reassignment. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID SEARS,

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No. 2:13-CV-1664-KJM-AC
Plaintiff,

v.

ORDER

BANK OF AMERICA, M and T BANK,
BRIAN C. MOYNIHAN, GAR G.
LYNCH, DAVID C. DARNELL,
THOMAS K. MONTAG,
Defendants.

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No. 2:15-CV-0753 WBS AC
DAVID SEARS,
Plaintiff,

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v.
BANK OF AMERICA, et al.,
Defendants.

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On April 7, 2015, defendants filed a notice of related cases in this action, ECF

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No. 42, and in David Sears v. Bank of America, et al., No. 2:15-CV-753-WBS-AC, ECF No. 4.

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The court has determined these actions are related cases within the meaning of Local Rule 123(a).
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They involve the same parties, the same or similar claims, similar allegations, and similar

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questions of law and fact. In both actions David Sears alleges the defendants have not complied

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with federal and California as they apply to his request for a loan modification.

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The parties should be aware that relating cases under Rule 123 causes the actions

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to be assigned to the same judge—it does not consolidate the actions. Under Rule 123, related

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cases are generally assigned to the judge and magistrate judge to whom the first filed action was

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assigned.

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As a result, it is hereby ORDERED that 2:15-CV-00753-WBS-AC is reassigned to
the undersigned. The caption on documents filed in the reassigned case shall be shown as: 2:15CV-00753-KJM-AC.
It is further ORDERED that the Clerk of the Court make appropriate adjustment in
the assignment of civil cases to compensate for this reassignment.
IT IS SO ORDERED.
DATED: April 15, 2015.

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UNITED STATES DISTRICT JUDGE

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