Whitaker v. Lucky Opco LLC

Filing 17

Sua sponte referral to determine whether case number 21-cv-02692is related to case number 21-cv-00903. Plaintiff's optional response due September 13, 2021. Signed by Chief Magistrate Judge Joseph C. Spero on September 7, 2021. (jcslc2S, COURT STAFF) (Filed on 9/7/2021)

Case 3:21-cv-02692-JCS Document 17 Filed 09/07/21 Page 1 of 1

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BRIAN WHITAKER,
Plaintiff,

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United States District Court
Northern District of California

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v.
LUCKY OPCO LLC,

Case No. 21-cv-02692-JCS
Also Filed in Case No. 21-cv-00903-BLF
SUA SPONTE REFERRAL TO
DETERMINE WHETHER CASES ARE
RELATED

Defendant.
Plaintiff Brian Whitaker has filed multiple cases in this district against Defendant Lucky

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OpCo LLC, with substantially identical allegations regarding barriers to access at different Lucky

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stores. This case is hereby REFERRED to the Honorable Beth Labson Freeman under Civil Local

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Rule 3-12(c) to determine whether it is related to case number 21-cv-00903-BLF. Any party may

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file a statement supporting or opposing finding the cases related no later than September 13, 2021.

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See Civ. L.R. 3-12(c), 3-12(e), 7-11(b).

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The undersigned has separately issue a report and recommendation to deny Whitaker’s

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motion for default judgment and dismiss the case without prejudice. If Judge Freeman determines

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that the cases are not related, this case will be reassigned to a randomly-selected district judge for

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action on that recommendation.

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IT IS SO ORDERED.
Dated: September 7, 2021
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JOSEPH C. SPERO
Chief Magistrate Judge