Jurik, et al v. Dowling, et al

Filing 6

ORDER Finding Cases NOT Related. Signed by Judge James Ware on 1/9/2009. (ecg, COURT STAFF) (Filed on 1/9/2009)

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1 2 3 4 5 6 7 8 9 10 Mark Jurik, v. Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 98-20023 JW NO. C 08-05030 CW ORDER FINDING CASES NOT RELATED United United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Daniel Dowling, et al., Defendants. / Presently before the Court is a judicial referral to consider whether Jurik v. Arps, C 08-05030 CW is related to Jurik v. Dowling, C 98-20023 JW. Pursuant to Civ. L.R. 3-12(a), cases are related where (1) the actions concern substantially the same parties, property, transaction or event, and (2) it appears likely that there will be an unduly burdensome duplication of labor and expense or conflicting results if the cases are conducted before different judges. Although the parties in both cases partially overlap, a Consent Judgment was entered in Dowling, C 98-20023 JW, on May 15, 1998, and the matter has since closed. (See Docket Item No. 5.) Further, the Complaint in Arps, C 08-05030 CW, concerns factual allegations that appear independent and distinct from the transactions and events at issue in Dowling. Thus, it is not likely there will be an unduly burdensome duplication of labor and expense or conflicting results if the cases are conducted before different judges. 1 2 3 4 5 6 7 8 9 10 Accordingly, the Court finds that Jurik v. Arps, C 08-05030 CW is not related to Jurik v. Dowling, C 98-20023 JW. Dated: January 9, 2009 JAMES WARE United States District Judge United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 3 4 5 6 7 8 9 10 THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Perry James Woodward pwoodward@terra-law.com Mark W. Good mgood@terra-law.com Dated: January 9, 2009 Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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