Securities and Exchange Commission v. Marrone Bio Innovations, Inc.

Filing 7

AMENDED RELATED CASE ORDER signed by Chief Judge Morrison C. England, Jr., on 2/23/16, ORDERING that the action denominated 2:16-cr-00027-WBS, 2:16-cv-00320-JAM-AC, and 2:16-cv-00321-MCE-AC, are all reassigned to Chief Judge Morrison C. England, Jr., and Magistrate Judge Kendall Newman for all further proceedings. Henceforth, the caption on documents filed in the reassigned shall be shown as 2:16-cr-00027-MCE, 2:16-cv-00320-MCE-KJN, and 2:16-cv-00321-MCE-KJN. The Clerk shall make appropriate adjustment in the assignment of cases to compensate for this reassignment.(Donati, J)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12

SPECIAL SITUATIONS FUND III QP,
L.P., ET AL.,
Plaintiffs,

13
14
15

No. 2:14-cv-02571-MCE-KJM

AMENDED RELATED CASE ORDER
v.
MARRONE BIO INNOVATIONS, INC.,
ET AL.,

16

Defendants.

17
18

UNITED STATES OF AMERICA,

19

No. 2:16-cr-00027-WBS-01

Plaintiff,

20

v.

21

HECTOR ABSI,

22

Defendant.

23
24
25
26
27
28
1

1
2

SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,

3
v.

4
5

No. 2:16-cv-00320-JAM-AC

HECTOR M. ABSI, JR.
Defendant.

6
7
8

SECURITIES AND EXCHANGE
COMMISSION,

9

Plaintiff,

10
11

No. 2:16-cv-00321-MCE-EFB

v.
MARRONE BIO INNOVATIONS, INC.

12

Defendant.

13
14
15
16

The Court has received the Notices of Related Cases filed on February 17, 2016
and February 18, 2016 (ECF Nos 47 and 48).

17

Examination of the above-entitled civil and criminal actions reveals that these

18

actions are related within the meaning of Local Rule 123(a) (E.D. Cal. 1997). The

19

actions involve many of the same defendants and are based on the same or similar

20

claims, the same property transaction or event, similar questions of fact and the same

21

questions of law, and would therefore entail a substantial duplication of labor if heard by

22

different judges.

23

Accordingly, the assignment of the matters to the same judge is likely to affect a

24

substantial savings of judicial effort and is also likely to be convenient for the parties.

25

///

26

///

27

///

28
2

1

The parties should be aware that relating the cases under Local Rule 123 merely

2

has the result that both actions are assigned to the same judge; no consolidation of the

3

action is affected. Under the regular practice of this court, related cases are generally

4

assigned to the district judge and magistrate judge to whom the first filed action was

5

assigned.

6

IT IS THEREFORE ORDERED that the action denominated 2:16-cr-00027-WBS,

7

United States of America v. Hector Absi, 2:16-cv-00320-JAM-AC, Securities and

8

Exchange Commission v. Hector M. Absi, Jr., and 2:16-cv-00321-MCE-AC, Securities

9

and Exchange Commission v. Marrone Bio Innovations, Inc., are all reassigned to Chief

10

Judge Morrison C. England, Jr. and Magistrate Judge Kendall Newman for all further

11

proceedings, and any dates currently set in 2:16-cv-00320-JAM-AC, Securities and

12

Exchange Commission v. Hector M. Absi, Jr., and 2:16-cv-00321-MCE-AC, Securities

13

and Exchange Commission v. Marrone Bio Innovations, Inc. only are hereby VACATED.

14

Henceforth, the caption on documents filed in the reassigned shall be shown as 2:16-cr-

15

00027-MCE, United States of America v. Hector Absi, 2:16-cv-00320-MCE-KJN,

16

Securities and Exchange Commission v. Hector M. Absi, Jr., and 2:16-cv-00321-MCE-

17

KJN, Securities and Exchange Commission v. Marrone Bio Innovations, Inc..

18
19

IT IS FURTHER ORDERED that the Clerk of the Court make appropriate
adjustment in the assignment of cases to compensate for this reassignment.

20

IT IS SO ORDERED.

21

DATED: February 23, 2016

22
23

__________
__________
___________
__________
____
MORRISON C. ENGL
N
LAND, JR, C
CHIEF JUDG
GE
UNITED ST
TATES DIS
STRICT COU
URT

24
25
26
27
28
3