Cheng v. Winco Foods, LLC et al
MINUTE ORDER REGARDING NOTICE OF PENDENCY OF OTHER ACTION OR PROCEEDING re 17 NOTICE by Phyllis W. Cheng Plaintiff's Notice of Pendency of Other Action or Proceeding, filed by Phyllis W. Cheng. Signed by Judge Jon S. Tigar on March 14, 2014. (wsn, COURT STAFF) (Filed on 3/14/2014)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
PHYLLIS W. CHENG,
Case No. 14-cv-00483-JST
WINCO FOODS, LLC, et al.,
MINUTE ORDER REGARDING
NOTICE OF PENDENCY OF OTHER
ACTION OR PROCEEDING
Re: ECF No. 17
United States District Court
Northern District of California
Plaintiff Cheng has filed a “Notice of Pendency of Other Action or Proceeding” pursuant
to Civil Local Rule 3-13. ECF No. 17. Civil Local Rule 3-13 applies when the other case is
pending “in any other federal or state court” (emphasis added). When, as here, the purportedly
related case is pending before another judge of this court, the applicable rule is Civil Local Rule 3-
12. It appears that Plaintiff already filed an Administrative Motion to Consider Whether Cases
Should be Related pursuant to Civil L.R. 3-12, and the judge assigned to the earlier-filed case has
already determined that the cases are not related.1 See Clerk’s Notice, Stowers v. WinCo Foods,
L.L.C., No. 13-cv-02631-TEH (N.D. Cal. Feb. 20, 2014); see also ECF No. 9 in this action.
Therefore, Defendants need not file any opposition pursuant to Civil Local Rule 3-13(c), since
there is no action the undersigned could take to reassign or transfer this action.
IT IS SO ORDERED.
Dated: March 14, 2014
JON S. TIGAR
United States District Judge
Plaintiff did not, as required by Civ. L.R. 3-12(b), file any courtesy copy of the motion on the
docket for this action.
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