Cook v. Batts

Filing 12

ORDER by Judge James Ware Referring Case to Judge Seeborg for Consideration of Whether Cases are Related (jwlc2, COURT STAFF) (Filed on 2/20/2009)

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1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Michael Cook, v. Curtis Batts, Defendant. / Plaintiff, NO. C 09-00482 JW ORDER REFERRING CASE TO JUDGE SEEBORG FOR CONSIDERATION OF WHETHER CASES ARE RELATED 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 Presently before the Court is Defendant's Administrative Motion to Transfer.1 Defendant seeks to have this matter transferred to Magistrate Judge Seeborg on the ground that it is related to the following cases previously pending before Judge Seeborg: C 06 01965 RS, C 06 05959 RS, C 07 06068 RS, C 07 6232 RS, C 07-5085 RS, and C 08 03626 RS. Civil Local Rule 3-12(a) provides that an action is related to another when: (1) (2) The actions concern substantially the same parties, property, transaction or event; and It appears that there will be an unduly burdensome duplication of labor and expense or conflicting results if the cases are conducted before different judges. Here, Defendant provides the declaration of his attorney stating that Plaintiff's cause of action concerns the same allegations that Plaintiff is entitled to Social Security Administration benefit checks that have been returned as undeliverable and uncashed. (See Declaration of James A. (Notice of Related Cases; Administrative Motion to Transfer Case to Magistrate Judge Seeborg, hereafter, "Motion to Relate," Docket Item No. 5, 6.) 1 1 2 3 4 5 6 7 8 9 10 Scharf, Docket item No. 8.) Defendant intends to raise the same defense he has previously raised in the cases assigned to Judge Seeborg. (Motion to Relate at 2.) Further, Defendant represents that Judge Seeborg is familiar with the issues that will be raised in this matter, and has previously ordered Plaintiff to cease filing new complaints concerning the allegations made in the present case. (Motion to Relate at 2.) Accordingly, pursuant to Civil Local Rule 3-12(c), the Court refers this matter to Magistrate Judge Seeborg to determine whether it is related to Cook v. Social Security Administration, C 06 01965 RS.2 Dated: February 20, 2009 United States District Court 11 For the Northern District of California JAMES WARE United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Defendant has consented to proceed before Judge Seeborg. (See Docket Item No. 7.) 2 1 2 3 4 5 6 7 8 9 10 THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: James A. Scharf james.scharf@usdoj.gov Joann M. Swanson joann.swanson@usdoj.gov Michael Charles Cook T-79529 Kern Valley State Prison P. O. Box 6000 Delano, Ca 93216-6000 Dated: February 20, 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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