M&T Bank v. Whiterock

Northern District of California, cand-4:2015-cv-03736

Judicial Referral for Purpose of Determining Relationship of Cases re 4:15-cv-00914-YGR. Responses may be filed no later than September 21, 2015. Signed by Judge Joseph C. Spero on September 15, 2015. (jcslc2S, COURT STAFF) (Additional attachment(s) added on 9/15/2015: # {{1}} Certificate/Proof of Service)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 M&T BANK, 7 Case No. 15-cv-03736-JCS Plaintiff, 8 (also filed in Case No. 15-cv-00914-YGR) v. 9 PAULA WHITEROCK, ORDER OF SUA SPONTE REFERRAL 10 AS TO WHETHER CASES ARE Defendant. RELATED 11 12 Northern District of California Civil Local Rule 3-12(c) provides that "[w]henever a Judge believes that a case pending 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 Sonoma, where it bore the case number MCV 234345. This is the second time that Defendant 18 Paula Whiterock has removed Sonoma County Superior Court case number MCV 234345 to this 19 Court. The previous removal, this Court's case number 15-cv-00914, was also initially assigned 20 to the undersigned magistrate judge, and was reassigned to the Honorable Yvonne Gonzalez 21 Rogers after Whiterock failed to respond to repeated instructions to file her consent or declination 22 to magistrate judge jurisdiction. The Court remanded the case to the Sonoma County Superior 23 Court on July 29, 2015, and Whiterock filed her second notice of removal—the present case, this 24 Court's number 15-cv-3736—on August 17, 2015. 25 Because both removals arise from the same state court action, and because Whiterock's 26 two notices of removal are materially identical, this action is REFERRED to Judge Gonzalez 27 Rogers pursuant to Rule 3-12(c) for a determination of whether this action is related to M&T Bank 28 1 v. Whiterock, 4:15-cv-00914-YGR (N.D. Cal.). Any party may file a response, opposition, or 2 statement in support of relating the cases no later than September 21, 2015.1 3 IT IS SO ORDERED. 4 Dated: September 15, 2015 5 ______________________________________ JOSEPH C. SPERO 6 Chief Magistrate Judge 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 and that an order be entered requiring pre-filing review of any further removal. If Judge Gonzalez Rogers determines that the cases are not related, this case will 28 be reassigned to a randomly selected United States district judge for further proceedings, including action on those recommendations. 2