Franz A. Wakefield v. Apple Inc. et al

Filing 8

ORDER GRANTING RELATION OF CASES; DISMISSING AS DUPLICATIVE. Signed by Judge James Ware on May 3, 2010. (jwlc1, COURT STAFF) (Filed on 5/3/2010)

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1 2 3 4 5 6 7 8 9 10 Franz Wakefield, v. Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 09-05420 JW NO. C 09-05779 HRL ORDER GRANTING RELATION OF CASES; DISMISSING AS DUPLICATIVE 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 Apple, Inc., et al., Defendants. / The Court sua sponte considers whether C 09-5420 and C 09-05779 are related within the meaning of Civ. L.R. 3-12. On November 2, 2009, Plaintiff filed an action in the Central District of California.1 Plaintiff then requested the Central Case to be transferred to the Northern District of California.2 (Id.) On December 15, 2009, the Central Case was transferred from the Central District to this district. (Id.) While Plaintiff's case was in the process of being transferred, Plaintiff filed the Northern Case. (Id.) On January 4, 2010, Judge Lloyd ordered the cases related. (Docket Item No. 7.) This Court now sua sponte, relates the 05779 case with its 05420 case. Wakefield v. Apple, Inc., Case No. C 09-05779 HRL ("Central Case"); (See Order Re: C 09-5779 RS and C 09-5420 HRL, Central Case, Docket Item No. 6.) 2 1 Wakefield v. Apple, Inc., Case No. C 09-5420 JW ("Northern Case"). 1 2 3 4 5 6 7 8 9 10 Upon review of the Complaints in each case, the Court finds them to be identical. Since the Complaints in each case are identical, the Court dismisses Wakefield v. Apple, Inc., No. C 09-5779 HRL as duplicative. The Clerk shall close C 09-05779. Dated: May 3, 2010 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: Emily L. Maxwell MaxwellE@howrey.com Ronald D. Arena rarena@arenahoffman.com Franz A Wakefield 17731 North West 14th Court Miami, FL 33169 Dated: May 3, 2010 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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