Duarte Nursery Inc. et al v. United States Army Corps of Engineers et al

Filing 246

RELATED CASE ORDER signed by District Judge Kimberly J. Mueller on 8/16/16 ORDERING that CIV No. 2:16-cv-01498-WBS-CMK is REASSIGNED from Senior United States District Judge William B. Shubb to the undersigned and from Magistrate Judge Craig M. Kelli son to Magistrate Judge Deborah Barnes. The caption on documents filed in the REASSIGNED case shall be shown as: CIV 2:16-cv-01498-KJM DB. It is further ORDERED that the Clerk of the Court make appropriate adjustment in the assignment of civil cases to compensate for this reassignment.(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DUARTE NURSERY, INC., et al.,

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No. 2:13-cv-2095-KJM-DB

Plaintiffs,
v.
UNITED STATES ARMY CORPS OF
ENGINEERS, et al.,
Defendants.
___________________________________
UNITED STATES OF AMERICA,
Plaintiff,
v.

No. 16-cv-01498-WBS-CMK

RELATED CASE ORDER

ROGER J. LaPANT, JR., et al.,
Defendants.

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Examination of the above-captioned actions reveals that they are related within the
meaning of Local Rule 123(a). Here, “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.” Local Rule 123(a)(3). Accordingly, the assignment of
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these matters to the same judge is likely to effect a substantial savings of judicial effort and is

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likely to be convenient for the parties.

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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 CIV No. 2:16-cv-01498-WBS-CMK is

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reassigned from Senior United States District Judge William B. Shubb to the undersigned and

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from Magistrate Judge Craig M. Kellison to Magistrate Judge Deborah Barnes. Henceforth, the

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caption on documents filed in the reassigned case shall be shown as: CIV 2:16-cv-01498-KJM-

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DB.

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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: August 16, 2016

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UNITED STATES DISTRICT JUDGE

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