Corral v. Select Portfolio Servicing, Inc. et al

Filing 37

ORDER re 36 referral to determine whether cases are related. Signed by Judge Maria-Elena James on 6/3/2015. (cdnS, COURT STAFF) (Filed on 6/3/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ESPERANZA CORRAL, et al.,

Case No. 14-cv-02251-MEJ

Plaintiffs,
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ORDER RE: REFERRAL FOR
PURPOSE OF DETERMINING
WHETHER CASES ARE RELATED

v.
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SELECT PORTFOLIO SERVICING, INC.,
et al.,

Re: Dkt. No. 36

Defendants.

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United States District Court
Northern District of California

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The above-captioned case was previously settled, and the Court dismissed it with prejudice

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on January 13, 2015. See Dkt. Nos. 34-35. On June 1, 2015, the Honorable Edward M. Chen

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referred Corral v. Select Portfolio Servicing, Inc., et al., No. 15-1542-EMC (N.D. Cal. filed Apr.

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3, 2015) to the undersigned for consideration of whether it is related to the above-captioned case.

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Pursuant to Civil Local Rule 3-12, the Court finds that these cases are related. In such

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circumstances, the 15-1542 case would ordinarily be reassigned to the undersigned as the

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presiding judge in the lower-numbered case. However, after Judge Chen’s referral, Defendant

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Select Portfolio Servicing filed a declination to proceed before a magistrate judge in the 15-1542

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case. Thus, the undersigned is without jurisdiction to conduct dispositive proceedings and, if the

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Clerk of Court were to reassign the 15-1542 case, it would be reassigned to a random district court

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judge. Such reassignment is unnecessary as the case is already properly before Judge Chen and

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the 14-2251 case has been dismissed. Accordingly, no reassignment shall occur and the 15-1542

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case shall remain with Judge Chen.

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IT IS SO ORDERED.

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Dated: June 3, 2015
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge