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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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REDWOOD PROPERTY INVESTORS II,
LLC,
Plaintiff,

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v.
ARLENE GASPAR, et al.,

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United States District Court
Northern District of California

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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.

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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 San Mateo, where it bore the case number 17UDL00525. This is the second time that

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Defendant Arlene Gaspar has removed San Mateo County Superior Court case number

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17UDL00525 to this Court. The previous removal, this Court’s case number 17-cv-5982, was

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initially assigned to the Honorable Maria-Elena James and reassigned to the Honorable Jeffrey

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White. The Court remanded the case to the San Mateo County Superior Court on December 12,

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2017, and Gaspar filed her second notice of removal—the present case, this Court’s number 18-

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cv-0192—on January 9, 2018.

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Because both removals arise from the same state court action, and because Gaspar’s two

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notices of removal are nearly identical, this action is REFERRED to Judge White pursuant to Rule

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3-12(c) for a determination of whether this action is related to Redwood Property Investors II,

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LLC v. Gaspar, No. 4:17-cv-05982-JSW (N.D. Cal.). Any party may file a response, opposition,

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or statement in support of relating the cases no later than January 16, 2018.1
IT IS SO ORDERED.

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Dated: January 11, 2018
______________________________________
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 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.
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