Knapp v. Noreen Cardinale
Filing
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ORDER by Judge Whyte granting 10 Motion to Relate Case; finding as moot 11 Stipulation. (rmwlc2, COURT STAFF) (Filed on 11/29/2012)
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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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KEITH CHARLES KNAPP, as Trustee
of the California Home Loans Profit
Sharing Plan; TRUST FOR THE
CALIFORNIA HOME LOANS
PROFIT SHARING PLAN, as a
fiduciary of the California Home Loans
Profit Sharing Plan,
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Case No. C-12-05076 RMW
ORDER RELATING CASES
[Re Docket No. 10, 11]
Plaintiffs,
v.
NOREEN CARDINALE, an individual,
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Defendant.
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Plaintiff Keith Charles Knapp filed an administrative motion to relate this case with
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Cardinale v. Miller, et al., Case No. C-12-05078 JSW, which was recently removed from state
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court. The parties stipulated to relating the cases on the condition that the cases be assigned to
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Judge White, who is currently assigned to Miller. Under the Local Rules, however, related cases
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are assigned to the Judge hearing the lower numbered case. L.R. 3-11(f). Therefore, the
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stipulation is invalid and thus the court will consider the motion to relate on its merits.
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ORDER RELATING CASES
CASE NO. C-12-05076
sw
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Under Local Rule 3-12, cases are related when the "actions concern substantially the same
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parties, property, transaction or event" and there would likely be "an unduly burdensome
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duplication of labor and expense or conflicting results if the cases are conducted before different
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Judges." L.R. 3-12(a). Here, both cases involve the same employee benefit plan and arise from
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the same happenings or events, and involve related questions of law and overlapping parties.
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Therefore, the court orders that the cases be related and pursuant to the Local Rules that
the Clerk reassign Cardinale v. Miller, et al., Case No. C-12-05078 JSW, to this court.
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IT IS SO ORDERED.
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Dated: November 29, 2012
Ronald M. Whyte
United States District Court Judge
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ORDER RELATING CASES
CASE NO. C-12-05076
sw
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