Opinion
CR. NO. 2:11-511 WBS CIV. NO. 2:15-02526 MCE KJN
01-25-2016
UNITED STATES OF AMERICA, Plaintiff, v. ANDREW B. KATAKIS, DONALD M. PARKER, and W. THEODORE LONGLEY, Defendants. ANDREW B. KATAKIS and CAPITAL EQUITY MANAGEMENT GROUP, INC., a California corporation, Plaintiffs, v. WILEY CHANDLER, STEVEN SWANGER, KENNEN SWANGER, RICHARD NORTHCUTT, and DOES 1 through 20, inclusive, Defendants.
Examination of the above-entitled actions reveals that the cases are related within the meaning of Local Rule 123(a) because both cases stem from the same foreclosure sale auctions. Moreover, the individual plaintiff and some of the defendants in the civil case are defendants in the criminal case and the allegations in the civil case are based on the trial testimony and investigation in the criminal case. Accordingly, the assignment of the matters to the same judge is likely to effect a substantial saving of judicial effort and is also likely to be convenient for the parties.
The parties should be aware that relating the cases under Local Rule 123 merely has the result that both actions are assigned to the same judge; no consolidation of the actions is effected. Under the regular practice of this court, related cases are generally assigned to the judge and magistrate judge to whom the first filed action was assigned.
IT IS THEREFORE ORDERED that the actions denominated United States v. Katakis, et al., No. 2:11-CR-511 WBS and Katakis, et al. v. Chandler, et al., 2:15-CV-02526 MCE KJN, be, and the same hereby are, deemed related. The case denominated Katakis, et al. v. Chandler, et al., 2:15-CV-02526 MCE KJN shall be reassigned to the Honorable WILLIAM B. SHUBB.
Any dates currently set in the reassigned case only are hereby VACATED. Henceforth, the caption on documents filed in the reassigned case shall be shown as Katakis, et al. v. Chandler, et al., 2:15-CV-02526 WBS KJN.
IT IS FURTHER ORDERED that the Clerk of the Court make appropriated adjustment in the assignment of civil cases to compensate for this reassignment. Dated: January 25, 2016
/s/_________
WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE