United States of America v. Hom

Filing 27

ORDER OF SUA SPONTE REFERRAL AS TO WHETHER CASES ARE RELATED. Signed by Judge Charles R. Breyer on 3/3/2014. (crblc1, COURT STAFF) (Filed on 3/3/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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UNITED STATES OF AMERICA,

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Plaintiff,

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No. C 13-03721 CRB
ORDER OF SUA SPONTE
REFERRAL AS TO WHETHER
CASES ARE RELATED

v.
JOHN C. HOM,

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Defendant.

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Northern District of California Civil Local Rule 3-12(c) provides: “Whenever a Judge

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believes that a case pending before that Judge is related to another case, the Judge may refer

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the case to the Judge assigned to the earliest-filed case with a request that the Judge assigned

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to the earliest-filed case consider whether the cases are related.”

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In reviewing the Motion to Strike (dkt. 22), it has come to the Court’s attention that

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this action appears to be related to the earlier-filed case, John C. Hom, et al. v. United States,

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No. C 13-02243 WHA (N.D. Cal.). The government specifically argues that “Defendant’s

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position regarding Title 31 FBAR investigations, assessment, and collection is the same here

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as it was in his earlier Section 6103 complaint filed with this Court. In that case, Judge

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Alsup granted the United States’ Motion to Dismiss. . . .” Mot. to Strike at 7.1

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The Court notes that the Case Management Conference Statement filed by the government on
December 3, 2013 states, “Related Cases: N/A.” See CMC Stmt. (dkt. 15) at 5.

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Accordingly, pursuant to Rule 3-12(c), this action is REFERRED to the Honorable

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Judge William H. Alsup for a determination of whether this action is related to John C. Hom,

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et al. v. United States, No. C 13-02243 WHA (N.D. Cal.).

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IT IS SO ORDERED.

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CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

Dated: March 3, 2014

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United States District Court
For the Northern District of California

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G:\CRBALL\2013\3721\order referring.wpd

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