Zac Properties, LLC v. Rhoades et al

Filing 11

ORDER RELATING CASE: C-13-2970-SBA AND ADOPTING REPORT AND RECOMMENDATIONS. Signed by Judge Yvonne Gonzalez Rogers on 10/23/13. (fs, COURT STAFF) (Filed on 10/23/2013) Modified on 10/24/2013 (jlm, COURT STAFF).

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 9 ZAC PROPERTIES, LLC, 10 Plaintiff, Northern District of California United States District Court 11 vs. 12 13 Case Nos.: 13-CV-2139-YGR 13-CV-2970-SBA ORDER RELATING CASES; ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION; REMANDING CASE VAUGHN RHOADES, et al., Defendants. 14 15 Two matters are now before the Court. The first is Magistrate Judge Maria-Elena James’s 16 17 Sua Sponte Judicial Referral for Purpose of Determining Relationship of Cases, concerning Zac 18 Properties, LLC v. Rhoades, Case No. 13-cv-2139-YGR, and Zac Properties, LLC v. Rhoades, Case 19 No. 13-cv-2970-SBA1 (“Referral”). The second is Magistrate Judge James’s Report and 20 Recommendation (“Report”) that the latter case be remanded to state court, where it was originally 21 filed as an unlawful detainer action. With respect to the Referral, the Court determines that the subject cases are related pursuant 22 23 to Civil Local Rule 3-12(a). Cases are related if they “concern substantially the same parties, 24 property, transaction or event” and “[i]t appears likely that there will be an unduly burdensome 25 26 27 28 1 The latter-filed case originally came before Magistrate Judge James. A few weeks after Magistrate Judge James issued her Referral and her Report, when neither party had consented (or declined) her jurisdiction, the Clerk of the Court reassigned the case to an Article III judge, who then immediately recused himself. (Dkt. Nos. 6, 7, 8.) The Clerk then reassigned the case once more, this time to the Honorable Saundra Brown Armstrong (Dkt. No. 9), whose initials the case now bears. 1 duplication of labor and expense or conflicting results if the cases are conducted before different 2 Judges.” Civ. L.R. 3-12(a). Here, the parties and the property at the center of the case—real 3 property located on Wentworth Place in Newark, California—are identical. Undue duplication of 4 labor would result if this case were now to be assigned to a different Judge, this Judge having 5 become familiar with the relevant record. Accordingly, the two cases are hereby RELATED. 6 The Court turns next to the Report. Magistrate Judge James recommends that the higher- 7 numbered action then assigned to her be remanded to Alameda County Superior Court. (Case No. 8 13-cv-2970, Dkt. No. 3.) No party has filed an objection to the Report, and the time to object to the 9 Report, which issued September 30, 2013, has elapsed. See Fed. R. Civ. P. 72(b)(2) (14 days to Northern District of California object), Fed. R. Civ. P. 6(d) (additional three days where service is by mail). The Court finds the 11 United States District Court 10 Report correct, well-reasoned, and thorough, and adopts it in every respect. Accordingly, and for the 12 reasons set forth in the Report, Case No. 13-cv-2970 is hereby REMANDED to Alameda County 13 Superior Court. 14 15 16 This Order relates Case Nos. 13-cv-2139 and 13-cv-2970, terminates Docket No. 3 in Case No. 13-cv-2970, and remands Case No. 13-cv-2970. IT IS SO ORDERED. 17 18 19 Date: October 23, 2013 _______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?