Redhead v. Giangiobbe

Filing 4

ORDER OF SUA SPONTE REFERRAL. Signed by Judge Charles R. Breyer on 6/13/2016. (crblc1, COURT STAFF) (Filed on 6/13/2016)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

10
11

RON STEPHEN REDHEAD,
Plaintiff,

12
13
14

No. C16-03123 CRB
ORDER OF SUA SPONTE
REFERRAL AS TO WHETHER
CASES ARE RELATED

v.
TIM GIANGIOBBE,
Defendant.

15

/

16
17

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

18

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

19

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

20

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

21

In the course of reviewing Plaintiff Ron Stephen Redhead’s Application to Proceed In

22

Forma Pauperis, the Complaint, and the attached Civil Cover sheet, it came to the Court’s

23

attention that this action might be related to an earlier-filed case, Ron Stephen Redhead v.

24

Mercy Housing, et. al., No. 16-cv-941-YGR. The earlier case was brought by the same

25

Plaintiff as in this case, against the same Defendant, Tim Giangiobbe. Compare Compl. (dkt.

26

1) and Compl. (dkt. 1) in Case No. 16-cv-941-YGR.1 The earlier case involved a dispute

27
28

1

Indeed, although the docket for the present case lists only Giangiobbe as a defendant, the Civil
Cover sheet attached to the Complaint also lists Karen Zhou of Mercy Housing as a defendant.
See Compl. The Complaint in Case No. 16-cv-941-YGR also lists “Mercy Housing c/o Karen Zhou”
as a defendant. See Compl. in Case No. 16-cv-941-YGR.

1

between Redhead and his neighbor, Defendant Tim Giangiobbe, at the Madonna Residence

2

at 350 Golden Gate Ave. in San Francisco, in which “Redhead alleges that Giangiobbe left

3

‘racist letters and notes’ on his door, and a confrontation (or confrontations) ensured between

4

them.” See Order Granting Motion to Dismiss Without Leave to Amend (dkt. 27) in Case

5

No. 16-cv-941-YGR. This case appears to involve the same dispute. See Compl. at 1–2

6

(“complainant that resides at the Madonna Residence 350 Golden Gate Avenue . . . . Tim

7

Giangiobbe who lives in Apartment #519 has put racist and insulting letters on my apartment

8

door #508 and on the walls directing outside my apartment door. . . . Karen Zhou has

9

conspired with Tim Giangiobbe to have me locked up three times . . .”).

United States District Court
For the Northern District of California

10

Judge Gonzalez Rogers dismissed the earlier case without leave to amend. See Order

11

Granting Motion to Dismiss Without Leave to Amend in Case No. 16-cv-941-YGR. Two

12

days later, Plaintiff filed this case. See generally Compl. (present case filed June 8, 2016);

13

Order Granting Motion to Dismiss Without Leave to Amend in Case No. 16-cv-941-YGR

14

(dismissing case on June 6, 2016). Moreover, Plaintiff failed to file an Administrative

15

Motion to Consider Whether Cases Should be Related, as required under the local rules. See

16

Civil L.R. 3-12; see also Civil Local Rule 3-3(c) (“If any civil action or claim of a civil

17

action is dismissed and is subsequently refiled, the refiling party must file a Motion to

18

Consider Whether Cases Should be Related pursuant to Civil L.R. 3-12.).

19

Accordingly, pursuant to Rule 3-12(c), the Court REFERS this action to the

20

Honorable Yvonne Gonzalez Rogers for a determination of whether this action is related to

21

Ron Stephen Redhead v. Mercy Housing, et. al., No. 16-cv-941-YGR.

22

IT IS SO ORDERED.

23
24

Dated: June 13, 2016
CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

25
26
27
28
2