Hoko v. Transit America Services, Inc.

Filing 36

Order Re: Consideration of Related Case Status. Signed by Judge Lucy Koh on 01/20/2016. (lhklc2S, COURT STAFF) (Filed on 1/20/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
Northern District of California

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SIONE S. HOKO,
Plaintiff,

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Case No. 14-CV-01327-LHK
Case No. 15-CV-06211-EJD
ORDER RE: CONSIDERATION OF
RELATED CASE STATUS

v.

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TRANSIT AMERICA SERVICES, INC.,

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Defendant.

Re: Dkt. No. 35

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On January 14, 2016, District Judge Edward Davila issued an order requesting the

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undersigned judge to consider whether Hoko v. Transit America Services, Inc., No. 15-CV-6211-

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EJD (N.D. Cal.), is related to Hoko v. Transit America Services, Inc., No. 14-CV-1327-LHK (N.D.

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Cal.). ECF No. 35. The deadline to file a response or statement of opposition has now passed.

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See Civil L.R. 3-12(e) (requiring response within four days of order).

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The Court has carefully reviewed these cases, and finds that the cases are not related.

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Specifically, Civil Local Rule 3-12(a) provides that “[a]n action is related to another when . . .

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[t]he actions concern substantially the same . . . transaction or event.” Civil L.R. 3-12(a). Here,

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all of the events in Hoko v. Transit America Services, Inc., No. 15-CV-6211-EJD (N.D. Cal.),

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Case No. 14-CV-01327-LHK
Case No. 15-CV-06211-EJD
ORDER RE: CONSIDERATION OF RELATED CASE STATUS

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occurred after the events in Hoko v. Transit America Services, Inc., No. 14-CV-1327-LHK (N.D.

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Cal.). See No. 15-CV-6211-EJD, ECF No. 1 ¶ 5 (“The discriminatory acts, which are the basis of

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this suit, occurred between May of 2014 and June of 2015.”); No. 14-CV-1327-LHK, No. 28 ¶ 5

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(“The discriminatory acts, which are the basis of this suit, occurred between July of 2012 and July

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of 2013.”). Moreover, the cases pertain to different charges of employment discrimination, filed at

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different times, before the Equal Employment Opportunity Commission (“EEOC”). See No. 15-

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CV-6211-EJD, ECF No. 1 ¶ 7–8 (describing charges brought before EEOC in May and June

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2015); No. 14-CV-1327-LHK, No. 28 ¶ 7 (describing charge brought before EEOC in December

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2013).

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Accordingly, Hoko v. Transit America Services, Inc., No. 15-CV-6211-EJD (N.D. Cal.),

United States District Court
Northern District of California

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and Hoko v. Transit America Services, Inc., No. 14-CV-1327-LHK (N.D. Cal.), shall not be

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related, and Hoko v. Transit America Services, Inc., No. 15-CV-6211-EJD (N.D. Cal.), shall not

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be reassigned to the undersigned judge.

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IT IS SO ORDERED.

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Dated: January 20, 2016

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______________________________________
LUCY H. KOH
United States District Judge

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Case No. 14-CV-01327-LHK
Case No. 15-CV-06211-EJD
ORDER RE: CONSIDERATION OF RELATED CASE STATUS