Baldini Real Estate Inc v. Cruz et al

Northern District of California, cand-4:2015-cv-02932

Judicial Referral for Purpose of Determining Relationship of Cases re Case No. 15-cv-4231. Signed by Judge Joseph C. Spero on October 16, 2015. (jcslc2S, COURT STAFF)

Interested in this case?

Current View

Full Text

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 BALDINI REAL ESTATE, INC., 7 Case No. 15-cv-04231-JCS Plaintiff, 8 (also filed in Case No. 15-cv-2932-YGR) v. 9 FLORO LORENZO CRUZ, et al., ORDER OF SUA SPONTE REFERRAL 10 AS TO WHETHER CASES ARE Defendants. RELATED 11 12 Civil Local Rule 3-12(c) provides that "[w]henever a Judge believes that a case pending Northern District of California United States District Court 13 before that Judge is related to another case, the Judge may refer the case to the Judge assigned to 14 the lowest-numbered case with a request that the Judge assigned to the lowest-numbered case 15 consider whether the cases are related." 16 This unlawful detainer action was removed from California Superior Court for the County 17 of San Mateo, where it bore the case number CLJ211119. This is the second time that Defendant 18 Floro Lorenzo Cruz has removed San Mateo County Superior Court case number CLJ211119 to 19 this Court. The previous removal, this Court's case number 15-cv-2932, was assigned to the 20 Honorable Yvonne Gonzalez Rogers. The Court remanded the case to the San Mateo County 21 Superior Court on August 12, 2015, and Cruz filed his second notice of removal—the present 22 case, this Court's number 15-cv-4231—on September 17, 2015. 23 Because both removals arise from the same state court action, and because Cruz's two 24 notices of removal present similar arguments, this action is REFERRED to Judge Gonzalez 25 Rogers pursuant to Rule 3-12(c) for a determination of whether this action is related to Baldini 26 Real Estate Inc. v. Cruz, No. 15-cv-2932-YGR (N.D. Cal.). Any party may file a response, 27 28 1 opposition, or statement in support of relating the cases no later than October 20, 2015.1 2 IT IS SO ORDERED. 3 Dated: October 16, 2015 4 ______________________________________ JOSEPH C. SPERO 5 Chief Magistrate Judge 6 7 8 9 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 The undersigned has also issued a Report and Recommendation in this case, recommending that 27 the case once again be remanded, that Cruz be required to pay Baldini's attorneys' fees, and that an order be entered requiring pre-filing review of any further removal. If Judge Gonzalez Rogers 28 determines that the cases are not related, this case will be reassigned to a randomly selected United States district judge for further proceedings, including action on those recommendations. 2