Domnitz v. Warehouse Demo Services, Inc. et al

Filing 29

ORDER DIRECTING PLAINTIFF TO FILE NOTICE OF PENDENCY OF OTHER AND RELATED ACTION. Plaintiff is directed to file and serve no later than June 28, 2010 a copy of the "Notice of Pendency of Other and Related Action" plaintiff's counsel filed in Taddei v. Warehouse Demo Services, Inc., C 10-0765 WHA, in this action, after which the Court will consider whether the cases should be related. Signed by Judge Maxine M. Chesney on June 22, 2010. (mmclc2, COURT STAFF) (Filed on 6/22/2010)

1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On June 18, 2010, the Court was advised, for the first time, that on February 2, 2010, a "Notice of Pendency of Other and Related Action" was filed pursuant to Civil Local Rule 3-13 in Taddei v. Warehouse Demo Services, Inc., C 10-0765 WHA, by which counsel for plaintiff Taddei identifies Domnitz v. Warehouse Demo Services, Inc., C 09-5305 MMC, as a related action. The above-referenced notice fails to comply with the local rules of this district. At the outset, the Court notes that, when two federal cases are pending in the same district, the governing rule is Civil Local Rule 3-12, which requires counsel to file, in the "earliest-filed case," an "Administrative Motion to Consider Whether Cases Should be Related," and further requires service of such motion on all known parties to each action. See Civil L.R. 3-12(b). Given the length of time that has elapsed since the filing of the above-referenced v. WAREHOUSE DEMO SERVICES, INC. Defendant. / JACQUELINE DOMNITZ, Plaintiff, No. C 09-5305 MMC ORDER DIRECTING PLAINTIFF TO FILE NOTICE OF PENDENCY OF OTHER AND RELATED ACTION United States District Court IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

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notice, however, the Court, to avoid further delay of its resolution, hereby DIRECTS counsel for plaintiff to file and serve no later than June 28, 2010, a copy of said notice on all parties to the above-titled earlier-filed action, after which the Court will consider the question of whether the cases should be related. IT IS SO ORDERED.

Dated: June 22, 2010

MAXINE M. CHESNEY United States District Judge

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