Center for Environmental Science, Accuracy & Reliability v. Cowin et al

Filing 7

ORDER Relating and Reassigning Case; new case number is 1:15-cv-01852 LJO BAM, signed by District Judge Lawrence J. O'Neill on 12/10/2015. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CENTER FOR ENVIRONMENTAL
SCIENCE, ACCURACY & RELIABILITY,

NEW CASE NO: 1:15-CV-01852 LJO BAM

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OLD CASE NO: 2:15-CV-02424 WBS KJN

Plaintiff,
ORDER RELATING AND REASSIGNING
CASE

v.
MARK W. COWIN, in his Official Capacity as
Director of CALIFORNIA DEPARTMENT
OF WATER RESOURCES, et al.,
Defendants.

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Review of the above-captioned action reveals that it is related under this Court’s Local Rule 123

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to numerous actions before the undersigned, including San Luis & Delta-Mendota Water Authority, et

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al. v. Jewell, et al., Lead Case No. 1:09-cv-00407 LJO BAM (“San Luis v. Jewell”). The actions involve

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the same or similar parties, properties, claims, events and/or questions of fact or law. In addition, the
currently assigned district and magistrate judges have not engaged in this matter in any substantial way.
Moreover, a substantially similar, if not essentially identical, action, Center for Environmental

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Science, Accuracy & Reliability v. Cowin, et al., 1:15-cv-00884 LJO BAM (“CESAR v. Cowin I”), was

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previously heard and dismissed by the undersigned for failure to comply with applicable notice

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requirements. Pursuant to Local Rule 123(d):

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An action may not be dismissed and thereafter refiled for the purpose of
obtaining a different Judge or Magistrate Judge. If an action is dismissed
and it, or one essentially the same, is refiled, it shall be assigned to the same
Judge and Magistrate Judge. It is the duty of all counsel appearing therein to
bring the facts of the refiling to the attention of the Clerk pursuant to this
Rule.
Accordingly, assignment of the actions to the district judge and magistrate judge assigned to San Luis

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v. Jewell and CESAR v. Cowin I will promote convenience, efficiency and economy for the Court and

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parties. An order relating cases under this Court’s Local Rule 123 merely assigns them to the same

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district judge and magistrate judge, and no consolidation of cases is effected. On the basis of good
cause, this Court ORDERS that the above-captioned action is reassigned to U.S. District Judge
Lawrence J. O'Neill and U.S. Magistrate Judge Barbara A. McAuliffe. All documents shall bear the
new case number:
1:15-CV-01852 LJO BAM

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IT IS SO ORDERED
Dated: December 10, 2015
/s/ Lawrence J. O’Neill
United States District Judge

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