Laskey v. Verizon Wireless Power Partners, Inc.

Filing 13

ORDER. Signed by Judge ARMSTRONG on 9/8/08. (lrc, COURT STAFF) (Filed on 9/8/2008)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION LAURIE MARIE LASKEY, Plaintiff, v. VERIZON WIRELESS POWER PARTNERS, INC., Defendant. No. C 08-03032 SBA ORDER [Docket No. 7]

Before the Court is defendant's motion to dismiss [Docket No. 7]. Defendant removed this matter from Sonoma County Superior Court. See Docket No. 1 ¶ 1. Plaintiff's complaint alleges defendant made unauthorized connections to her telephone line causing damage and identity theft. See id. at 7-9, 12-14. She also alleges she sued because the California "Court of Appeals sent [her] to the lower court[.]" Id. at 8 ¶ 8. Sua sponte, under Federal Rule of Evidence 201, the Court takes judicial notice that on November 30, 2007, the California Court of Appeals for the First District directed plaintiff to return to the superior court level in Laskey v. Sun Microsyss., case A119850, Laskey v. Intel Corp., case A119849, Laskey v. SBC, case A119848, and Laskey v. DNAI, case A119847, as she had proceeded to the Court of Appeals by direct writ, without first filing suit in a superior court. The Court also takes judicial notice, under Rule 201, that plaintiff is currently before District Judge William H. Alsup in Laskey v. RCN Corp., 08-cv-01333-WHA and Laskey v. Microsoft Corp., 3:08-cv-01465-WHA, both of which Judge Alsup has ruled are related to reach other. See Docket No. 29 in case 01333. Accordingly, the Court VACATES the hearing on defendant's motion to dismiss, set for September 9, 2008 at 1:00 p.m. Further, this action is hereby REFERRED, pursuant to Civil Local Rule 3-12(c), to District Judge William H. Alsup for consideration of whether the case is related to /// /// ///

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either Laskey v. RCN Corp., or Laskey v. Microsoft Corp. The Docketing Clerk is directed to prepare a notice of related case order. IT IS SO ORDERED. September 8, 2008 _________________________________ Saundra Brown Armstrong United States District Judge

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