Knapp v. Noreen Cardinale

Filing 15

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 13 14 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, 15 16 17 Case No. C-12-05076 RMW ORDER RELATING CASES [Re Docket No. 10, 11] Plaintiffs, v. NOREEN CARDINALE, an individual, 18 Defendant. 19 20 21 Plaintiff Keith Charles Knapp filed an administrative motion to relate this case with 22 Cardinale v. Miller, et al., Case No. C-12-05078 JSW, which was recently removed from state 23 court. The parties stipulated to relating the cases on the condition that the cases be assigned to 24 Judge White, who is currently assigned to Miller. Under the Local Rules, however, related cases 25 are assigned to the Judge hearing the lower numbered case. L.R. 3-11(f). Therefore, the 26 stipulation is invalid and thus the court will consider the motion to relate on its merits. 27 28 ORDER RELATING CASES CASE NO. C-12-05076 sw -1- 1 Under Local Rule 3-12, cases are related when the "actions concern substantially the same 2 parties, property, transaction or event" and there would likely be "an unduly burdensome 3 duplication of labor and expense or conflicting results if the cases are conducted before different 4 Judges." L.R. 3-12(a). Here, both cases involve the same employee benefit plan and arise from 5 the same happenings or events, and involve related questions of law and overlapping parties. 6 7 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. 8 9 IT IS SO ORDERED. 10 11 Dated: November 29, 2012 Ronald M. Whyte United States District Court Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER RELATING CASES CASE NO. C-12-05076 sw -2-

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