Red Head, Inc. v. Fresno Rock Taco LLC

Filing 55

ORDER by Judge Edward M. Chen Denying Without Prejudice 53 Plaintiff's Administrative Motion to Consider Whether Cases are Related. (emcsec, COURT STAFF) (Filed on 11/23/2010)

Red Head, Inc. v. Fresno Rock Taco LLC

Doc. 55

1 2 3 4 5 6 7 8 9 10 v. FRESNO ROCK TACO, LLC, Defendant. ___________________________________/ RED HEAD, INC., Plaintiff, No. C-08-5703 EMC ORDER DENYING WITHOUT PREJUDICE PLAINTIFF'S ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES ARE RELATED (Docket No. 53) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United States District Court

11
For the Northern District of California

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Plaintiff has filed an administrative motion, asking that the Court deem a case, which is currently pending in the Eastern District of California, related to the above-referenced case. Plaintiff relies on Civil Local Rule 3-12 as a basis for this Court to deem the cases related. However, Civil Local Rule 3-12 applies only when both cases are in this District. See Civ. L.R. 3-12(b) (providing that, "[w]henever a party knows or learns that an action, filed in or removed to this district is . . . related to an action which is or was pending in this District . . . , the party must promptly file . . . an Administrative Motion to Consider Whether Cases Should be Related") (emphasis added). Accordingly, Plaintiff's request to relate is DENIED without prejudice. This order disposes of Docket No. 53. IT IS SO ORDERED.

Dated: November 23, 2010 _________________________ EDWARD M. CHEN United States Magistrate Judge

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