Terry v. Smith et al

Filing 16

ORDER OF REFERRAL TO DETERMINE WHETHER CASES ARE RELATED. Signed by Judge Yvonne Gonzalez Rogers on 4/14/2014. (fs, COURT STAFF) (Filed on 4/14/2014)

1
2

IN THE UNITED STATES DISTRICT COURT

3

FOR THE NORTHERN DISTRICT OF CALIFORNIA

4
No. C 13-04571 YGR (PR)
5

LYNN C. BEYETT,

7
8

ORDER OF REFERRAL
TO DETERMINE
WHETHER CASES ARE
RELATED

Plaintiff,

6
vs.

B. SMITH, et al.,
Defendants.

9

/
United States District Court
For the Northern District of California

10
11

Pursuant to Civil Local Rule 3-12(c), this case is hereby referred to the Honorable Edward

12

M. Chen to consider whether it is related to Terry v. Smith, Case No. C 13-1227 EMC (PR). There

13

are four other cases which may have to be referred to Judge Chen for the same reason: Spells v.

14

Smith, Case No. C 13-4102 WHO (PR); Carter v. Smith, Case No. 13-4373 PSG (PR); Arnold v.

15

Smith, Case No. C 13-4456 EJD (PR); and Hirscher v. Smith, Case No. C 14-0340 LB (PR).1 The

16

complaints filed in the instant case, Judge Chen's case, and the four aforementioned cases are

17

virtually identical, except for the plaintiffs' names. In each case, the plaintiffs allege that Defendants

18

failed to provide them with personal protective equipment when they cleaned the mattress factory at

19

San Quentin State Prison in May and June 2012.

20
21

In the instant case, Plaintiff may file any response in opposition to or in support of relating
the cases within fourteen (14) days of receipt of this Order.

22
DATED: April 14, 2014
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

23
24
25
26
27
28

1

The Court notes that Defendants in Case No. 13-4373 PSG (PR) have filed a
"Administrative Motion to Consider Whether Cases Should Be Related," which makes reference to
all six cases. Dkt. 25 in Case No. 13-4373 PSG (PR). On April 4, 2014, the Clerk of the Court
indicated that the Notice of Related Case "must be filed in the earliest filing date - Date filed:
03/19/2013 - C13-1227 EMC." Id.
P:\PRO-SE\YGR\CR.13\Beyett4571.Ref-RelatedCase.frm