Stenshoel - Sousa v. United States of America

Filing 24

ORDER by Judge James Donato denying 23 Motion to Relate Cases. (lrcS, COURT STAFF) (Filed on 7/1/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROZANN M. STENSHOEL - SOUSA,
Plaintiff,

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ORDER DENYING RELATION OF
CASE

v.
UNITED STATES OF AMERICA,

Re: Dkt. No. 23

Defendant.

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United States District Court
Northern District of California

Case No. 16-mc-80009-JD

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The Court has received the United States’ motion to consider relating the case United

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States v. Cade Corporation, No. 16-cv-1996-EJD, currently pending in the Northern District of

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California before Judge Davila, to Stenshoel-Sousa v. United States, No. 16-mc-80009-JD. Dkt.

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No. 23. The United States asserts the cases are related because “they concern the same IRS

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summons” seeking records about Cade Corporation’s ownership. Id. No timely opposition has

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been filed.

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The Court denies the motion because it appears that relating the cases at this time may

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cause, rather than prevent, “an unduly burdensome duplication of labor and expense.” See Civ.

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L.R. 3-12(a). Judge Davila has already determined that the United States’ petition shows good

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reasons for enforcement of the summons, issued an order directing Cade Corporation to show

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cause why it should not be compelled to respond, and set a hearing on the matter for July 7, 2016.

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Cade, Dkt. No. 3 (N.D. Cal. May 24, 2016). Relating the cases at this time would cause this

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schedule to be vacated and reset before the Court, causing unnecessary delay, duplication of effort,

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and expense to the parties. Accordingly, the motion to relate the cases is denied without prejudice,

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pending the outcome of Judge Davila’s order.

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IT IS SO ORDERED.
Dated: July 1, 2016

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JAMES DONATO
United States District Judge

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United States District Court
Northern District of California

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