Silver v. Pennsylvania Higher Education Assistance Agency

Filing 32

ORDER relating cases. Signed by Judge Hamilton on 10/2/2014. (pjhlc2, COURT STAFF) (Filed on 10/2/2014)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 NEIL SILVER, 5 Plaintiff, 6 No. C 14-0652 PJH No. C 14-4317 PJH v. 7 ORDER RELATING CASES 8 PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY, 9 Defendant. _______________________________/ 11 For the Northern District of California United States District Court 10 Before the court is defendant’s “Notice of Related Action,” filed in Silver v. 12 Pennsylvania Higher Education Assistance Agency (C 14-0652 PJH) in which defendant 13 seeks to relate a later-removed action involving the same parties (Silver v. Pennsylvania 14 Higher Education Assistance Agency, C 14-4317 PJH). The local rules of this court have 15 replaced the “notice of related case” procedure with one requiring an administrative motion 16 to determine if cases are related. Civil Local Rule 3-12. The purpose of relating two cases 17 is to bring them both before the same judge. Given that both cases at issue have already 18 been randomly assigned to the undersigned judge, a motion is not really necessary and the 19 court excuses defendant’s failure to comply with Rule 3-12. 20 To the extent that there is any economy to be served by “relating” two cases already 21 before the same judge, the request is GRANTED and the cases will be noted as related on 22 the court’s docket. However, the earlier-filed case has been stayed until a March 12, 2015 23 case management conference. The later-filed case will be set for case management 24 conference in December 2014 by separate order. As it does not involve the TCPA, the stay 25 will not automatically apply to it. 26 27 28 IT IS SO ORDERED. Dated: October 2, 2014 ______________________________ PHYLLIS J. HAMILTON United States District Judge

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