Naser v. Metropolitan Life Insurance Company et al
Filing
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ORDER REFERRING CASE FOR RELATED CASE CONSIDERATION PURSUANT TO CIV. L.R. 3-12(c); ORDER VACATING SEPTEMBER 13, 2011 CASE MANAGEMENT CONFERENCE. Signed by Judge Paul S. Grewal on September 12, 2011. (psglc1, COURT STAFF) (Filed on 9/12/2011)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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LOAY S. NASER,
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Plaintiff,
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v.
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METROPOLITAN LIFE INSURANCE )
COMPANY, ET AL.,
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Defendants.
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__________________________________ )
Case No.: C-11-04046 PSG
ORDER REFERRING CASE FOR
RELATED CASE CONSIDERATION
PURSUANT TO CIV. L.R. 3-12(c);
ORDER VACATING SEPTEMBER
13, 2011 CASE MANAGEMENT
CONFERENCE
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A case management conference is scheduled to be held on September 13, 2011. In
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advance of that conference, the parties have jointly stipulated to dismiss Defendant Nam Patel
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(“Patel”) with prejudice and to consolidate this case with an earlier filed case involving the same
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parties and based on some of the same operable facts. That case is Naser v. Metropolitan Life
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Insurance Company, et al., Case No. 10-4475 EJD. In the earliest filed case, Plaintiff Loay S.
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Naser (“Naser”) filed a notice of pendency of other action1 and in this case, Defendants filed a
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statement and notice of related case.2
“Whenever a party knows or learns of an action, filed or removed to this district (or the
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See Docket No. 35.
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See Docket No. 4.
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ORDER, page 1
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party believes that the action may be) related to an action which is or was pending in this District
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as defined in Civil L.R. 3-12(a), the party must promptly file in the earliest-filed case an
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Administrative Motion to Consider Whether the Cases Should be Related, pursuant to Civil L.R.
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7-11.”3 Alternatively, “[w]henever a Judge believes that a case pending before that Judge is
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related to another case, the Judge may refer the case to the Judge assigned to the earliest-filed
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case with a request that the Judge assigned to the earliest-filed case consider whether the cases
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are related.”4
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Here, the earliest filed case is assigned to Judge Davila. Accordingly, the undersigned
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hereby refers this case to Judge Davila to consider whether the earliest-filed case and this case
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are related. The case management conference scheduled to be held on September 13, 2011 is
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vacated.
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IT IS SO ORDERED.
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Dated:
September 12, 2011
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PAUL S. GREWAL
United States Magistrate Judge
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Civ. L.R. 3-12(b).
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Civ. L.R. 3-12(c).
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ORDER, page 2
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