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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 RICHARD TUSCANY, Case No. 16-cv-07373-JCS Plaintiff, 8 (also filed in Case No. 16-cv-06252-JD) v. 9 10 ELENA VILLALOBOS, et al., Defendants. ORDER OF SUA SPONTE REFERRAL AS TO WHETHER CASES ARE RELATED United States District Court Northern District of California 11 12 Civil Local Rule 3-12(c) provides that “[w]henever a Judge believes that a case pending 13 before that Judge is related to another case, the Judge may refer the case to the Judge assigned to 14 the lowest-numbered case with a request that the Judge assigned to the lowest-numbered case 15 consider whether the cases are related.” 16 This unlawful detainer action was removed from California Superior Court for the County 17 of Monterey, where it bore the case number 16CV001985. This is the second time that 18 Defendants have removed Monterey County Superior Court case number 16CV001985 to this 19 Court. The previous removal, this Court’s case number 16-cv-06252, was initially assigned to the 20 Honorable Donna Ryu and reassigned to the Honorable James Donato. The Court remanded the 21 case to the Monterey County Superior Court on December 12, 2016, and Cruz filed his second 22 notice of removal—the present case, this Court’s number 16-cv-07373—on December 28, 2016. 23 Because both removals arise from the same state court action, and because Defendants’ 24 two notices of removal are nearly identical, this action is REFERRED to Judge Donato pursuant to 25 Rule 3-12(c) for a determination of whether this action is related to Tuscany v. Villalobos, No. 26 3:16-cv-06252-JD (N.D. Cal.). Any party may file a response, opposition, or statement in support 27 28 1 of relating the cases no later than January 9, 2017.1 IT IS SO ORDERED. 2 3 Dated: January 3, 2017 ______________________________________ JOSEPH C. SPERO Chief Magistrate Judge 4 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 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. 2

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