Evans v. Wal-Mart Stores, Inc.

Filing 21

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Lawrence R. Leavitt, on 10/19/2010. By Deputy Clerk: Carol DePino. 9 Motion to Consolidate Cases is DENIED. (Copies have been distributed pursuant to the NEF - ASB)

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Evans v. Wal-Mart Stores, Inc. Doc. 21 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA *** CHARDE EVANS, Plaintiff, v. WAL-MART STORES, INC, et al., Defendant. ) ) ) ) ) ) ) ) ) ) Dated: 2:10-cv-01224-JCM-LRL MINUTE ORDER October 19, 2010 PRESENT: THE HONORABLE LAWRENCE R. LEAVITT, United States Magistrate Judge Carol DePino RECORDER: None Appearing None Appearing None JUDICIAL ASSISTANT: COUNSEL FOR PLAINTIFF(S): COUNSEL FOR DEFENDANT(S): Before the court is defendants' Notice of Related Case and Request to Transfer Case to the Honorable Philip M. Pro (#9), filed on August 30, 2010. On October 15, 2010, the court converted the Notice (#9) into a Motion to Consolidate with case 06-cv-00225 (#9). Defendants wish to have Judge Pro assigned as the district judge for the instant case because he was the district judge in a previous, similar matter, Nancy Hall v. Wal-Mart Stores, Inc., et. al., 06-cv-00225-PMP-PAL, which was closed on November 2, 2009. Because Hall v. Wal-Mart is no longer an open case, the instant case -- Evans v. Wal-Mart Stores -- cannot be consolidated with it. Defendants' motion is essentially a request that this case be transferred from Judge Mahan to Judge Pro because of Judge Pro's "familiarity with the issues in the Hall Action and given the overlapping nature of the Hall Action and this action." This is a form of judge shopping, which is inappropriate. IT IS THEREFORE ORDERED that defendants' Motion to Consolidate (#9) is denied. LAWRENCE R. LEAVITT UNITED STATES MAGISTRATE JUDGE Dockets.Justia.com

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