Villafranca v. Department of Homeland Security et al

Filing 18

ORDER by Judge Chief Judge Vaughn R Walker denying 4 Motion for TRO The court has reviewed the complaint and application for a temporary restraining order ("TRO"), both filed by plaintiff on October 7, 2005. The claims asserted appear to be highly similar if not identical to those in C-05-3783 MMC. On September 28, 2005, Judge Chesney rejected a similar application for a TRO in that case. Pursuant to Civil Local Rule 3-12(c), the clerk is directed to refer this matter to Judge Che sney to see if these cases should be related, and if so, to consider steps appropriate in light of what appears to be a duplicative filing.If Judge Chesney does not relate this case by October 27, 2005, Rebecca M Biernat shall appear before the under signed at 10:30 AM on November 1, 2005, then and there to show cause why the court should not impose sanctions under its inherent power. See Hernandez v City of El Monte, 138 F3d 393, 398 (9th Cir 1998). (vrwlc2, COURT STAFF) (Filed on 10/13/2005) Modified on 10/14/2005 (cgd, COURT STAFF).

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Villafranca v. Department of Homeland Security et al Doc. 18 Case 3:05-cv-04058-MMC Document 18 Filed 10/13/2005 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JAIRO ADALID MARTINEZ VILLAFRANCA, a minor, Plaintiff, v DEPARTMENT OF HOMELAND SECURITY et al, Defendant. / No C-05-4058 VRW ORDER The court has reviewed the complaint and application for a temporary restraining order ("TRO"), both filed by plaintiff on October 7, 2005. The claims asserted appear to be highly similar On September 28, 2005, if not identical to those in C-05-3783 MMC. Judge Chesney rejected a similar application for a TRO in that case. Pursuant to Civil Local Rule 3-12(c), the clerk is directed to refer this matter to Judge Chesney to see if these cases should be related, and if so, to consider steps appropriate in light of what appears to be a duplicative filing. // Dockets.Justia.com Case 3:05-cv-04058-MMC Document 18 Filed 10/13/2005 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 If Judge Chesney does not relate this case by October 27, 2005, Rebecca M Biernat shall appear before the undersigned at 10:30 AM on November 1, 2005, then and there to show cause why the court should not impose sanctions under its inherent power. See Hernandez v City of El Monte, 138 F3d 393, 398 (9th Cir 1998). IT IS SO ORDERED. VAUGHN R WALKER United States District Chief Judge United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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