Robertson v. Pichon et al

Filing 2

ORDER RELATING CASES. Signed by Judge Jeremy Fogel on 11/15/10. (dlm, COURT STAFF) (Filed on 11/17/2010)

Robertson v. Pichon et al

Doc. 2

MARC J. ZILVERSMIT, ESQ. (State Bar No. 132057) 523 Octavia Street 2 San Francisco, CA 94102 Telephone [phone] Attorney for Petitioner 4 WADE ROBERTSON 1 5 6 7 8 9 10 11 12 WADE ROBERTSON 13 14 15 16 17 ) ) Plaintiff, ) ) vs. ) ) SHIRAZ QADRI, et. al. ) ) Defendants. ) __________________________________________) No. 06-CV-04624-JF IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED; -P---OPOSED ORDER - R -----------(Local Rule 3-12)

Pursuant to Local Rule 3-12, notice is hereby given that the above case may be related to

18 a recently filed case, Wade Robertson v. Rise Jones Pichon, Judge of the Santa Clara Superior 19 Court, and the Attorney General of the State of California, No. 10-CV-5027-JW. 20 Robertson v. Qadri, is a civil suit alleging a conspiracy to violate plaintiff's civil rights 21 by defendant Qadri. The allegations involve defendant Qadri's report to Palo Alto police of 22 alleged driving under the influence by plaintiff Robertson, leading to Robertson's arrest on April 23 28, 2006. The case was assigned to the Hon. Jeremy Fogel. This suit was dismissed at least in 24 part because the Court held that civil relief was barred because habeas relief was available. See 25 Heck v. Humphrev, 512 U.S. 477 (1994). An appeal of that dismissal is before the Ninth 26 Circuit. 27 Robertson v. Pichon, is a petition for writ of habeas corpus challenging the state

28 conviction for driving under the influence from the same April 28, 2006 arrest. This case was Administrative Motion to Consider Whether Cases are Related

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Dockets.Justia.com

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filed on November 5, 2010, and is initially assigned to Hon. James Ware. The actions concern some of the same parties and some of the same events. Further, Judge Fogel's ruling in Robertson v. Qadri suggests that unless the case of Robertson v. Pichon is related, there may be an unduly burdensome duplication of labor and expense. Thus, this Court may deem that the cases are related per Local Rule 3-12(a)(1), (2). Dated: November 10, 2010 Respectfully submitted, /s/ ________________________________ MARC J. ZILVERSMIT Counsel for Petitioner Wade Robertson in Robertson v. Pichon, No. 10-CV-5027-JW

Administrative Motion to Consider Whether Cases are Related

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1 2 3 4 5 6 7 8 9 10 WADE ROBERTSON 11 12 13 14 15 16 ) ) Plaintiff, ) ) vs. ) ) SHIRAZ QADRI ) ) ) Defendants. ) __________________________________________) No. 06-CV-04624-JF ---------O--E-D] ORDER RE: [PROP --S - --ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES ARE RELATED IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

After due consideration, the case of Wade Robertson v. Rise Jones Pichon, Judge of the

17 Santa Clara Superior Court, and the Attorney General of the State of California, No. 10-CVxx not] 5027-JW [is] [is xxxx deemed related to Wade Robertson v. Shiraz Qadri, No. 18 06-CV-04624-JF. 19 The case of Wade Robertson v. Rise Jones Pichon, Judge of the Santa Clara Superior 20 Court, and the Attorney General of the State of California, No. 10-CV-5027-JW [is] xxxnot] [is xxx 21 ordered reassigned to the Hon. Jeremy Fogel. 22 23 24 25 26 27 28 11/15/10 Dated: _______________ ____________________________ JUDGE OF THE DISTRICT COURT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RE:

DECLARATION OF SERVICE BY ECF AND MAIL ROBERTSON V. QADRI No. 06-CV-04624-JF I, Marc J. Zilversmit, declare that I am over18 years of age and not a party to the within cause; my business address is 523 Octavia St., San Francisco, CA 94102. I hereby certify that on November 10, 2010, I electronically filed the foregoing ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES ARE RELATED with the Clerk of the Court for the Northern District of California by using the ECF system. Participants in the case Robertson v. Qadri, No. 06-CV-04624-JF,who are registered ECF users will be served by the ECF system. I further certify that I have served participants in the potentially related case Wade Robertson v. Rise Jones Pichon, Judge of the Santa Clara Superior Court, and the Attorney General of the State of California, No. 10-CV-5027-JW by mail. I have mailed the foregoing document by First-Class Mail, postage prepaid to the following non-ECF participants: Office of the District Attorney 70 West Hedding Street, West Wing San Jose, CA 95110 Office of the Attorney General 455 Golden Gate Avenue, 11th Floor San Francisco, CA 94102 Hon. Rise Jones Pichon Santa Clara Superior Court 191 N. First St. San Jose, CA 95113

I declare under penalty of perjury that the foregoing is true and correct. Executed on November 10, 2010 at San Francisco, California. /s/ _________________________ Marc J. Zilversmit

Administrative Motion to Consider Whether Cases are Related

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