Conde et al v. City of San Jose

Filing 12

ORDER by Magistrate Judge Howard R. Lloyd denying 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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