Harrison Benjamin Kinney v. Gavs Auto Service et al

Filing 26

Judicial Referral for Purpose of Determining Relationship of Cases re Case No. 15-cv-3468. Signed by Judge Charles R. Breyer on 10/04/2016. (crblc2, COURT STAFF) (Filed on 10/4/2016)

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IN THE UNITED STATES DISTRICT COURT

United States District Court
For the Northern District of California

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ORDER OF SUA SPONTE

Plaintiff,

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No. 16-cv-3480 CRB

HARRISON BENJAMIN KINNEY,

REFERRAL AS TO WHETHER
CASES ARE RELATED

v.
GAV’S AUTO SERVICE ET AL.,
Defendants.

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Northern District of California Civil Local Rule 3-12(c) provides: “Whenever a Judge
believes that a case pending before that Judge is related to another case, the Judge may refer
the case to the Judge assigned to the earliest-filed case with a request that the Judge assigned
to the earliest-filed case consider whether the cases are related.”
After reviewing the parties’ submissions, the Court believes that this case involves the
same facts, the same issues, and many of the same parties as Patrick Connally v. Gav’s Auto
Service et al., Case No. 15-3468. There, the Honorable Jon S. Tigar denied a motion to add
Harrison Kinney as a plaintiff because he lacked standing under the ADA. Here, Defendant
Joan Borgwardt moves to dismiss Kinney’s own complaint on the same grounds.
Accordingly, pursuant to Rule 3-12(c), this action is REFERRED to the Honorable
Jon S. Tigar for a determination of whether it relates to Patrick Connally v. Gav’s Auto
Service et al., Case No. 15-3468.

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IT IS SO ORDERED.

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Dated: October 4, 2016

CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

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United States District Court
For the Northern District of California

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