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)

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Case 3:21-cv-02692-JCS Document 17 Filed 09/07/21 Page 1 of 1 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 BRIAN WHITAKER, Plaintiff, 8 9 10 United States District Court Northern District of California 11 12 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 13 OpCo LLC, with substantially identical allegations regarding barriers to access at different Lucky 14 stores. This case is hereby REFERRED to the Honorable Beth Labson Freeman under Civil Local 15 Rule 3-12(c) to determine whether it is related to case number 21-cv-00903-BLF. Any party may 16 file a statement supporting or opposing finding the cases related no later than September 13, 2021. 17 See Civ. L.R. 3-12(c), 3-12(e), 7-11(b). 18 The undersigned has separately issue a report and recommendation to deny Whitaker’s 19 motion for default judgment and dismiss the case without prejudice. If Judge Freeman determines 20 that the cases are not related, this case will be reassigned to a randomly-selected district judge for 21 action on that recommendation. 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: September 7, 2021 ______________________________________ JOSEPH C. SPERO Chief Magistrate Judge

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