J & J Sports Productions, Inc. v. Arrizon

Filing 14

ORDER FINDING CASES NOT RELATED re 13 Judicial Referral for Purpose of Determining Relationship of Cases. The Court finds that J & J Sports Productions, Inc. v. Arrizon, et al., C 09-04203-JW, and J & J Sports Productions, Inc. v. Arrizon, et al., C 09-05118-VRW, are not related. Signed by Judge James Ware on 2/19/2010. (ecg, COURT STAFF) (Filed on 2/19/2010)

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1 2 3 4 5 6 7 8 9 10 J & J Sports Productions, Inc., v. Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. CV 09-04203 JW NO. CV 09-05118 VRW ORDER FINDING CASES NOT RELATED 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 Esmeralda Arrizon, et al., Defendants. / Presently before the Court is Chief Judge Walker's February 3, 2010 Order. (hereafter "February 3, 2010 Order," C 09-05118-VRW Docket Item No. 4.) Chief Judge Walker referred J & J Sports Productions, Inc. v. Arrizon, et al., C 09-05118-VRW ("Second Action") to the Court for the purpose of determining whether it relates to J & J Sports Productions, Inc. v. Arrizon, et al., C 09-04203-JW ("First Action"). Civil Local Rule 3-12(a) provides: An action is related to another when: (1) The actions concern substantially the same parties, property, transaction or event; and (2) It appears likely that there will be an unduly burdensome duplication of labor and expense or conflicting results if the cases are conducted before different Judges. Here, the Court finds that although the cases have identical parties, they involve different events.1 The Complaint in the First Action alleges that on September 13, 2008, Defendants (Compare Complaint, C 09-04203-JW Docket Item No. 1 with Joint Case Management Conference Statement, C 09-05118-VRW Docket Item No. 12.) The Court looks to the Joint Statement in case C 09-05118-VRW to discern the facts of that case because Plaintiff failed to electronically file its Complaint. (See Clerk's Notice Re: Failure to File Electronically and/or Register as an E-Filer, C 09-05118-VRW Docket Item 11.) 1 1 2 3 4 5 6 7 8 9 10 exhibited without authorization "The Challenge": Joel Casamayor v. Juan Manuel Marquez, Ring Magazine World Lightweight Championship Fight Program. (C 09-04203-JW Complaint 12.) In contrast, the Second Action is based on allegations that on November 1, 2008, Defendants exhibited without authorization Latin Fury: "Final Impact," Julio Cesar Chavez, Jr. v. Matt Vanda, IBO/IBF Flyweight Championship Fight. (See C 09-05118-VRW Joint Statement at 2.) These allegations show that although both cases involve alleged violations of Plaintiff's commercial distribution rights, the violations involved two separate fights occurring on two separate dates. Thus, the Court finds that there is no risk of "unduly burdensome duplication of labor and expense or conflicting results if the cases are conducted before different Judges." Accordingly, the Court finds that J & J Sports Productions, Inc. v. Arrizon, et al., C 0904203-JW, and J & J Sports Productions, Inc. v. Arrizon, et al., C 09-05118-VRW, are not related. 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 Dated: February 19, 2010 JAMES WARE United States District Judge 1 2 3 4 5 6 7 8 9 10 THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Thomas Peter Riley tprlaw@att.net Bruce Charles Piontkowski bpiontkowski@tingleyllp.com Dated: February 19, 2010 Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy 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

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