Redwood Property Investors II, LLC. v. Gaspar et al

Filing 6

Sua sponte judicial referral to determine whether case number 18-cv-0192 is related to case number 17-cv-5982. Signed by Chief Magistrate Judge Joseph C. Spero on January 11, 2018. (jcslc2S, COURT STAFF) (Filed on 1/11/2018) (Additional attachment(s) added on 1/11/2018: # 1 Certificate/Proof of Service) (klhS, COURT STAFF).

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 REDWOOD PROPERTY INVESTORS II, LLC, Plaintiff, 8 9 v. ARLENE GASPAR, et al., 11 United States District Court Northern District of California 10 Case No. 18-cv-00192-JCS (also filed in Case No. 17-cv-05982-JSW) SUA SPONTE REFERRAL AS TO WHETHER CASES ARE RELATED Defendants. 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 San Mateo, where it bore the case number 17UDL00525. This is the second time that 18 Defendant Arlene Gaspar has removed San Mateo County Superior Court case number 19 17UDL00525 to this Court. The previous removal, this Court’s case number 17-cv-5982, was 20 initially assigned to the Honorable Maria-Elena James and reassigned to the Honorable Jeffrey 21 White. The Court remanded the case to the San Mateo County Superior Court on December 12, 22 2017, and Gaspar filed her second notice of removal—the present case, this Court’s number 18- 23 cv-0192—on January 9, 2018. 24 Because both removals arise from the same state court action, and because Gaspar’s two 25 notices of removal are nearly identical, this action is REFERRED to Judge White pursuant to Rule 26 3-12(c) for a determination of whether this action is related to Redwood Property Investors II, 27 LLC v. Gaspar, No. 4:17-cv-05982-JSW (N.D. Cal.). Any party may file a response, opposition, 28 1 or statement in support of relating the cases no later than January 16, 2018.1 IT IS SO ORDERED. 2 3 Dated: January 11, 2018 ______________________________________ 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 White 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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