Murphy v. The Bank of New York Mellon et al

Filing 53

Sua Sponte Judicial Referral for Purpose of Determining Relationship of Cases re C-14-2030 JSC. Signed by Judge Jacqueline Scott Corley on 6/18/14. (Attachments: # 1 Certificate/Proof of Service)(tlS, COURT STAFF) (Filed on 6/18/2014)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 THERESA LYNNE MURPHY, Case No. 14-cv-02030-JSC Plaintiff, 8 v. 9 10 BANK OF NEW YORK MELLON, et al., SUA SPONTE JUDICIAL REFERRAL FOR PURPOSES OF DETERMINING WHEHTER CASES ARE RELATED Defendants. United States District Court Northern District of California 11 12 13 Plaintiff Theresa Lynne Murphy, proceeding pro se, filed this civil complaint concerning 14 certain real property located at 11 High Street, No. 201, San Francisco, California on May 2, 15 2014. (Dkt. No. 1.) Plaintiff previously filed three other civil suits in this district against many 16 of the same defendants concerning the same real property, see Murphy v. Bank of New York 17 Mellon, Nos. 13-cv-2424 JST, 13-cv-2752 JST, 13-cv-2820 JST. Judge Tigar related case 18 numbers 13-cv-2424 and 13-cv-2752 and the cases were dismissed for lack of subject matter 19 jurisdiction. Shortly thereafter, Plaintiff filed a new case, No. 13-cv-2820, which was related to 20 the prior actions. Judge Tigar dismissed that action for lack of subject matter jurisdiction on 21 October 30, 2013. See No. 13-cv-2820, Dkt. No. 46. Plaintiff appealed that dismissal to the 22 Ninth Circuit Court of Appeals (Dkt. No. 47), but subsequently moved to voluntarily dismiss her 23 appeal. See Murphy v. The Bank of New York Mellon, No. 13-17351, Dkt. No. 5 (9th Cir.). The 24 same day Plaintiff moved to dismiss her appeal, she filed a new civil action here which was 25 assigned to the undersigned, see Murphy v. Bank of New York Mellon, No. 14-cv-2030 JSC. The 26 new action concerns the same real property subject to the prior actions and involves many of the 27 same parties. 28 In light of the similarities between these cases, and given that Judge Tigar has related 1 Plaintiff’s prior actions regarding the same real property, the undersigned respectfully refers the 2 above-captioned action to Judge Tigar pursuant to Civil L.R. 3-12(c) to consider whether this 3 case is related to the 13-2424, 13-2752 and 13-2820 actions. 4 5 6 7 IT IS SO ORDERED. Dated: June 18, 2014 ______________________________________ JACQUELINE SCOTT CORLEY United States Magistrate Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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