Free Order - District Court of California - California

Case 5:08-cv-01592-RMW

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Filed 08/07/2008

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1 2 3 4 5 6 7 8 9 10 Homer T. McCrary, Plaintiff, v. 12 Carlos M. Gutierrez, et al., 13 Defendants. 14 15 Homer T. McCrary ("Plaintiff") brings this action against Carlos Gutierrez, Secretary of 16 Commerce, the National Marine Fisheries Service ("NMFS"), and Russ Strach, Assistant 17 Administrator of the NMFS (collectively, "Defendants") for alleged violation of the Endangered 18 Species Act, 16 U.S.C. § 1531, et seq. Before the Court is a Sua Sponte Judicial Referral for the 19 Purpose of Determining whether this case is related to Homer T. McCrary v. Carlos Guterrez, et al., 20 C 08-01592 RMW. See Civ. L.R. 3-12. (See 08-01592 RMW, Docket Item No. 18.) 21 Under Civ. L.R. 3-12(a), cases are related if: 1) they "concern substantially the same parties, 22 property, transaction, or events" and 2) it "appears likely that there will be an unduly burdensome 23 duplication of labor and expense or conflicting results if the cases are conducted before different 24 Judges." 25 Both 08-01592 RMW and 06-4174 JW involve identical parties and substantially similar 26 claims. However, 06-4174 JW was dismissed at an early stage of the litigation for lack of subject 27 matter jurisdiction; the Court did not consider the merits of Plaintiff's claims or review any 28 / ORDER RE: RELATED CASE DETERMINATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 08-01592 RMW NO. C 06-04174 JW

United States District Court

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For the Northern District of California

Case 5:08-cv-01592-RMW

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Filed 08/07/2008

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significant amount of the administrative records provided by the parties. Thus, there will no duplication of labor and expense or conflicting results if the cases are conducted before a different judge. Accordingly, the Court does not find that the cases are related within the meaning of Civ. L.R. 3-12.

Dated: August 7, 2008 JAMES WARE United States District Judge

United States District Court

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For the Northern District of California

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Case 5:08-cv-01592-RMW

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Filed 08/07/2008

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Andrea Mocsny Miller [email protected] James L. Buchal [email protected] Robert Pendleton Williams [email protected] Dated: August 7, 2008 Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

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United States District Court

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For the Northern District of California

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