Tuscany v. Villalobos et al

Filing 12

Judicial Referral for Purpose of Determining Relationship of Cases re 16-cv-6252 and 16-cv-7373. Signed by Chief Magistrate Judge Joseph C. Spero on January 3, 2017. (jcslc2S, COURT STAFF) (Filed on 1/3/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RICHARD TUSCANY,

Case No. 16-cv-07373-JCS

Plaintiff,
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(also filed in Case No. 16-cv-06252-JD)

v.
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ELENA VILLALOBOS, et al.,
Defendants.

ORDER OF SUA SPONTE REFERRAL
AS TO WHETHER CASES ARE
RELATED

United States District Court
Northern District of California

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Civil Local Rule 3-12(c) provides that “[w]henever a Judge believes that a case pending

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before that Judge is related to another case, the Judge may refer the case to the Judge assigned to

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the lowest-numbered case with a request that the Judge assigned to the lowest-numbered case

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consider whether the cases are related.”

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This unlawful detainer action was removed from California Superior Court for the County

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of Monterey, where it bore the case number 16CV001985. This is the second time that

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Defendants have removed Monterey County Superior Court case number 16CV001985 to this

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Court. The previous removal, this Court’s case number 16-cv-06252, was initially assigned to the

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Honorable Donna Ryu and reassigned to the Honorable James Donato. The Court remanded the

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case to the Monterey County Superior Court on December 12, 2016, and Cruz filed his second

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notice of removal—the present case, this Court’s number 16-cv-07373—on December 28, 2016.

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Because both removals arise from the same state court action, and because Defendants’

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two notices of removal are nearly identical, this action is REFERRED to Judge Donato pursuant to

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Rule 3-12(c) for a determination of whether this action is related to Tuscany v. Villalobos, No.

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3:16-cv-06252-JD (N.D. Cal.). Any party may file a response, opposition, or statement in support

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of relating the cases no later than January 9, 2017.1
IT IS SO ORDERED.

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Dated: January 3, 2017
______________________________________
JOSEPH C. SPERO
Chief Magistrate Judge

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United States District Court
Northern District of California

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The undersigned has also issued a Report and Recommendation in this case, recommending that
the case once again be remanded and that an order be entered requiring pre-filing review of any
further removal. If Judge Donato determines that the cases are not related, this case will be
reassigned to a randomly selected United States district judge for further proceedings, including
action on those recommendations.
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