Naser v. Metropolitan Life Insurance Company et al

Filing 13

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)

1
2
3
4
5
6
7
8
9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11

SAN JOSE DIVISION

12
13
14
15
16
17

LOAY S. NASER,

)
)
Plaintiff,
)
v.
)
)
METROPOLITAN LIFE INSURANCE )
COMPANY, ET AL.,
)
)
Defendants.
)
__________________________________ )

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

18
19

A case management conference is scheduled to be held on September 13, 2011. In

20

advance of that conference, the parties have jointly stipulated to dismiss Defendant Nam Patel

21

(“Patel”) with prejudice and to consolidate this case with an earlier filed case involving the same

22

parties and based on some of the same operable facts. That case is Naser v. Metropolitan Life

23

Insurance Company, et al., Case No. 10-4475 EJD. In the earliest filed case, Plaintiff Loay S.

24

Naser (“Naser”) filed a notice of pendency of other action1 and in this case, Defendants filed a

25

statement and notice of related case.2
“Whenever a party knows or learns of an action, filed or removed to this district (or the

26
27
1

See Docket No. 35.

2

See Docket No. 4.

28

ORDER, page 1

1

party believes that the action may be) related to an action which is or was pending in this District

2

as defined in Civil L.R. 3-12(a), the party must promptly file in the earliest-filed case an

3

Administrative Motion to Consider Whether the Cases Should be Related, pursuant to Civil L.R.

4

7-11.”3 Alternatively, “[w]henever a Judge believes that a case pending before that Judge is

5

related to another case, the Judge may refer the case to the Judge assigned to the earliest-filed

6

case with a request that the Judge assigned to the earliest-filed case consider whether the cases

7

are related.”4

8

Here, the earliest filed case is assigned to Judge Davila. Accordingly, the undersigned

9

hereby refers this case to Judge Davila to consider whether the earliest-filed case and this case

10

are related. The case management conference scheduled to be held on September 13, 2011 is

11

vacated.

12

IT IS SO ORDERED.

13
Dated:

September 12, 2011

14
PAUL S. GREWAL
United States Magistrate Judge

15
16
17
18
19
20
21
22
23
24
25
26
27
3

Civ. L.R. 3-12(b).

4

Civ. L.R. 3-12(c).

28

ORDER, page 2