Filed: Apr. 15, 2015
Latest Update: Apr. 15, 2015
Summary: ORDER KIMBERLY J. MUELLER , District Judge . On April 7, 2015, defendants filed a notice of related cases in this action, ECF No. 42, and in David Sears v. Bank of America, et al., No. 2:15-CV-753-WBS-AC, ECF No. 4. The court has determined these actions are related cases within the meaning of Local Rule 123(a). They involve the same parties, the same or similar claims, similar allegations, and similar questions of law and fact. In both actions David Sears alleges the defendants have not
Summary: ORDER KIMBERLY J. MUELLER , District Judge . On April 7, 2015, defendants filed a notice of related cases in this action, ECF No. 42, and in David Sears v. Bank of America, et al., No. 2:15-CV-753-WBS-AC, ECF No. 4. The court has determined these actions are related cases within the meaning of Local Rule 123(a). They involve the same parties, the same or similar claims, similar allegations, and similar questions of law and fact. In both actions David Sears alleges the defendants have not c..
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ORDER
KIMBERLY J. MUELLER, District Judge.
On April 7, 2015, defendants filed a notice of related cases in this action, ECF No. 42, and in David Sears v. Bank of America, et al., No. 2:15-CV-753-WBS-AC, ECF No. 4. The court has determined these actions are related cases within the meaning of Local Rule 123(a). They involve the same parties, the same or similar claims, similar allegations, and similar questions of law and fact. In both actions David Sears alleges the defendants have not complied with federal and California as they apply to his request for a loan modification.
The parties should be aware that relating cases under Rule 123 causes the actions to be assigned to the same judge—it does not consolidate the actions. Under Rule 123, related cases are generally assigned to the judge and magistrate judge to whom the first filed action was assigned.
As a result, it is hereby ORDERED that 2:15-CV-00753-WBS-AC is reassigned to the undersigned. The caption on documents filed in the reassigned case shall be shown as: 2:15-CV-00753-KJM-AC.
It is further ORDERED that the Clerk of the Court make appropriate adjustment in the assignment of civil cases to compensate for this reassignment.
IT IS SO ORDERED.
