Wallace et al v. City Of San Jose
Filing
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ORDER by Magistrate Judge Howard R. Lloyd denying 66 plaintiffs' Motion to Relate Cases. (hrllc2S, COURT STAFF) (Filed on 4/27/2018)
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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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DARREN WALLACE, et al.,
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Case No.5:16-cv-04914-HRL
Plaintiffs,
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ORDER DENYING PLAINTIFFS’
MOTION TO RELATE CASES
v.
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CITY OF SAN JOSE,
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Re: Dkt. No. 66
Defendant.
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Pursuant to Civ. L.R. 3-12, plaintiffs move to relate the instant action (hereafter, Wallace)
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to several others, more recently filed.1 Wallace is assigned to this court upon the consent of all
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parties. As both sides have advised the court, however, the plaintiffs in the more recently filed
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cases have declined magistrate judge jurisdiction. Thus, plaintiffs request that the newer actions
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“be related to Wallace but be assigned to the appropriate Article II Judge.” (Dkt. 66 at 9). For
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various reasons, defendant City of San Jose (City) objects to plaintiffs’ request, which the City
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views as an impermissible attempt at “judge shopping.”
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The proposed related actions are 3:18-cv-01383-JD Barnett, et al. v. City of San Jose; 5:18-cv01386-BLF Crivelo, et al. v. City of San Jose; 5:18-cv-01390-EJD Ryan, et al. v. City of San Jose;
5:18-cv-01393-EJD Belton, et al. v. City of San Jose; 5:18-cv-01394-LHK Escobar, et al. v. City
of San Jose; 5:18-cv-01403-LHK Conde, et al. v. City of San Jose; 3:18-cv-01406-WHO Westcott,
et al. v. City of San Jose.
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It is this court’s understanding that, due to plaintiffs’ declination of magistrate judge
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jurisdiction in the newer actions, if this court were to relate Wallace to the more recently filed
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actions, then all cases, including Wallace, would be reassigned to a District Judge. Based on that
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understanding, this court declines to relate the cases because doing so would not serve the interest
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of judicial economy. Wallace is at the dispositive motion stage. The parties have submitted briefs
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on summary judgment; the court held a lengthy hearing on the matter and stands poised to issue its
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ruling on that motion. If all cases were to be related, the present action would be reassigned, and
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all of this court’s work will have been for nothing. Accordingly, plaintiffs’ motion to relate cases
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is denied. The court suggests that plaintiffs may wish to ask the judge assigned to the next lowest
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case number whether the more recently filed actions should be related.
United States District Court
Northern District of California
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SO ORDERED.
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Dated: April 27, 2018
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HOWARD R. LLOYD
United States Magistrate Judge
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