Westfall v. Ball Metal Beverage Container Corporation

Filing 135

RELATED CASE ORDER signed by Chief District Judge Kimberly J. Mueller on 08/16/22 RELATING Cases 2:16-cv-02632 Westfall et al v. Ball Metal Beverage and 2:21-cv-1049 Martin v. Ball Metal Beverage.(Licea Chavez, V)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Robert Westfall, et al.,

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No. 2:16-cv-02632-KJM-CKD

Plaintiffs,
v.
Ball Metal Beverage Container
Corporation,
Defendant.

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Richard Martin,
Plaintiff,

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No. 2:21-cv-01049-MCE-DB

v.

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Ball Metal Beverage Container
Corporation, et al.,

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Defendants.

RELATED CASE ORDER

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Examination of the above-captioned actions reveals that they are related within the

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meaning of Local Rule 123(a). Here, “both actions involve similar questions of fact and the same

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question of law and their assignment to the same Judge or Magistrate Judge is likely to effect a

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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 Local Rule 123 causes the actions to

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

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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 Case No. 2:21-cv-01049-MCE-DB is reassigned

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from Judge Morrison England to the undersigned and from Magistrate Judge Deborah Barns to

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Magistrate Judge Carolyn Delaney. Moving forward, the caption on documents filed in the

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reassigned case shall be shown as: Case No. 2:21-cv-01049-KJM-CKD.

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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, 2022.

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