Deutsche Bank National Trustee Company As Trustee for the Harborview Mortgage Loan Trust 2007 et al v. Cutlip

Filing 5

ORDER DECLINING TO RELATE CASES. Signed by Judge Beth Labson Freeman on 12/19/2016. (blflc2S, COURT STAFF) (Filed on 12/19/2016)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 SAN JOSE DIVISION 4 5 WILLIAM CUTLIP, Case No. 15-cv-01345-BLF Plaintiff, 6 v. ORDER DECLINING TO RELATE CASES 7 8 9 DEUTCHE BANK NATIONAL TRUST COMPANY FOR THE HARBORVIEW MORTGAGE LOAN TRUST PASSTHROUGH CERTIFICATES 2007-7, et al., [Re: ECF 69] Defendants. 10 United States District Court Northern District of California 11 12 On December 19, 2016, Magistrate Judge Nathanael Cousins issued a sua sponte judicial 13 referral for the purpose of determining whether Deutsche Bank Nat’l Trustee Co. v. Cutlip, No. 14 16-cv-7148 is related to the above captioned case, Deutsche Bank Nat’l Trustee Co. v. Cutlip, No. 15 16-cv-4255, and Deutsche Bank Nat’l Trust Co. v. Cutlip, No. 16-cv-3612. ECF 69. 16 While the parties are the same in the aforementioned cases, Defendant did not attach a 17 copy of the state court complaint to his notice of removal. See No. 16-cv-7184, ECF 1. 18 Therefore, the Court is unable to determine whether it is “likely that there will be an unduly 19 burdensome duplication of labor and expense or conflicting results if the cases are conducted 20 before different Judges,” as required for a determination of related case status. Civ. L.R. 3- 21 12(a)(2). 22 Accordingly, the Court DECLINES TO RELATE the cases WITHOUT PREJUDICE. 23 IT IS SO ORDERED. 24 25 26 27 28 Dated: December 19, 2016 ______________________________________ BETH LABSON FREEMAN United States District Judge

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