Opinion
NO. CIV. S-06-2845 LKK/JFM NO. CIV. S-13-0059 MCE/EFB NO. CIV. S-13-0042 MCE/CKD
03-07-2013
SOUTH YUBA RIVER CITIZENS LEAGUE and FRIENDS OF THE RIVER, Plaintiffs, v. NATIONAL MARINE FISHERIES SERVICE, et al., Defendants. SOUTH YUBA RIVER CITIZENS LEAGUE, Plaintiff, v. NATIONAL MARINE FISHERIES SERVICE, UNITED STATES DEPARTMENT OF COMMERCE; REBECCA M. BLANK, in her official capacity as Acting Secretary of Commerce; RODNEY R. MCINNIS, in his official capacity as Regional Administrator, Southwest Region, National Marine Fisheries Service, Defendants. YUBA COUNTY WATER AGENCY, Plaintiff, v. NATIONAL MARINE FISHERIES SERVICE; UNITED STATES DEPARTMENT OF COMMERCE; REBECCA M. BLANK, in her official capacity as Acting Secretary of Commerce; RODNEY R. MCINNIS, in his official capacity as Regional Administrator, Southwest Region, National Marine Fisheries Service; U.S. ARMY CORPS OF ENGINEERS; LIEUTENANT GENERAL THOMAS P. BOSTICK, in his official capacity as Commanding General of U.S. Army Corps of Engineers; and COLONEL WILLIAM J. LEADY, P.E., in his official capacity as District Commander, Sacramento District, U.S. Army Corps of Engineers, Defendants.
NON-RELATED CASE ORDER
The court is in receipt of Plaintiff South Yuba River Citizens League's notice of related cases, filed pursuant to Eastern District of California Local Rule 123(b) (2013). Pl's Not., ECF No. 503. Plaintiff requests that two cases, South Yuba River Citizens League, et al. v. National Marine Fisheries Service, et al., Case No. 2:13-cv-00059 MCE-EFB; as well as Yuba County Water Agency v. National Marine Fisheries Service, No. 2:13-cv-00042-MCE-CKD, be related to South Yuba River Citizens League, et al. v. National Marine Fisheries Service, et al., 2:06-cv-2845 LKK-JFM.
Eastern District of California Local Rule 123(a) provides that an action is related to another action when:
(1) both actions involve the same parties and are based on the same or a similar claim;Local Rule 123(a) (2013).
(2) both actions involve the same property, transaction, or event;
(3) both actions involve similar questions of fact and the same question of law and their assignment to the same Judge or Magistrate Judge is likely to effect a substantial savings of judicial effort, either because the same result should follow in both actions or otherwise; or
(4) for any other reasons, it would entail substantial duplication of labor if the actions were heard by different Judges or Magistrate Judges.
The court finds that South Yuba River Citizens League, et al. v. National Marine Fisheries Service, et al., case no. 2:06-cv-2845 LKK-JFM is not sufficiently related to South Yuba River Citizens League, et al. v. National Marine Fisheries Service, et al., Case No. 2:13-cv-00059 MCE-EFB and Yuba County Water Agency v. National Marine Fisheries Service, No. 2:13-cv-00042-MCE-CKD. Reassignment of the two pending actions to the undersigned is not likely to effect a savings of judicial effort or other economies.
The court, therefore, DECLINES to relate the cases.
IT IS SO ORDERED.
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LAWRENCE K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT