Cheng v. Winco Foods, LLC et al

Filing 20

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)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 PHYLLIS W. CHENG, 7 Case No. 14-cv-00483-JST Plaintiff, 8 v. 9 WINCO FOODS, LLC, et al., 10 Defendants. MINUTE ORDER REGARDING NOTICE OF PENDENCY OF OTHER ACTION OR PROCEEDING Re: ECF No. 17 United States District Court Northern District of California 11 Plaintiff Cheng has filed a “Notice of Pendency of Other Action or Proceeding” pursuant 12 13 to Civil Local Rule 3-13. ECF No. 17. Civil Local Rule 3-13 applies when the other case is 14 pending “in any other federal or state court” (emphasis added). When, as here, the purportedly 15 related case is pending before another judge of this court, the applicable rule is Civil Local Rule 3- 16 12. It appears that Plaintiff already filed an Administrative Motion to Consider Whether Cases 17 Should be Related pursuant to Civil L.R. 3-12, and the judge assigned to the earlier-filed case has 18 already determined that the cases are not related.1 See Clerk’s Notice, Stowers v. WinCo Foods, 19 L.L.C., No. 13-cv-02631-TEH (N.D. Cal. Feb. 20, 2014); see also ECF No. 9 in this action. 20 Therefore, Defendants need not file any opposition pursuant to Civil Local Rule 3-13(c), since 21 there is no action the undersigned could take to reassign or transfer this action. IT IS SO ORDERED. 22 23 Dated: March 14, 2014 ______________________________________ JON S. TIGAR United States District Judge 24 25 26 27 1 28 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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