Susott v. Susott

Filing 34

ORDER ON MOTION TO SHORTEN TIME AND MOTION TO TRANSFER CASES TO SAN JOSE DIVISION (40) (Illston, Susan) (Filed on 4/3/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California

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Plaintiff,

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No. C 12-00581 SI

JOHN L. SUSOTT,

v.
DANIEL SUSOTT,
Defendant.

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In re the Matters of the:

IRREVOCABLE LIFE INSURANCE
TRUST OF JOHN L. SUSOTT AND
17 KATHRYN C. SUSOTT UAD 8/17/1988 AS
RESTATED, EXEMPT TRUST FBO
18 DANIEL C. SUSOTT

No. C 12-597 SI

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ORDER ON MOTION TO SHORTEN
TIME AND MOTION TO TRANSFER
CASES TO SAN JOSE DIVISION

IRREVOCABLE LIFE INSURANCE
TRUST OF JOHN L. SUSOTT AND
20 KATHRYN C. SUSOTT UAD 8/17/1988 AS
RESTATED, NON-EXEMPT TRUST FBO
21 DANIEL C. SUSOTT
____________________________________/
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Currently before the Court is the motion filed by Evan Auld-Susott, Petitioner in Case No.

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12-597, for an order shortening time to hear a motion to transfer these related cases to the San

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Jose Division. Petitioner argues that under Civil Local Rule 3-2(e), these cases arise out of

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Monterey County and, therefore, should be assigned to the San Jose Division. The Court

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GRANTS the motion to hear the motion to transfer on shortened time [Docket No. 40], but

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DENIES the motion to transfer.

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The Court notes that under normal operating procedures, these cases would have been

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assigned to the San Jose Division. However, because the San Jose Division has a vacant District

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Court Judge position, the Court has adopted temporary measures to reassign cases district-wide

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in order not to overburden the San Jose Division. Case No. 12-581 was reassigned to this Court

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under those temporary measures and Case No. 12-597, following the lower case number, was

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likewise reassigned to Judge Illston as a related case.
Given these circumstances, the Court will keep these cases and DENIES the motion to

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transfer. However, in order to lessen any burden on the parties and their counsel given the

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reassignment to San Francisco, the Court will allow any party to appear by phone for any hearing

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United States District Court
For the Northern District of California

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or conference at that party’s election. If a party desires to appear by phone, that party shall

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notify Judge Illston’s Courtroom deputy, Tracy Kasamoto, in advance of the hearing or

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conference.

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IT IS SO ORDERED.

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Dated: April 3, 2012
SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE

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