Opinion
Civil No. 05-0006 WQH (POR).
February 4, 2005
ORDER
Pending before the Court is Defendant's Motion to Consolidate. Assignment and transfer of civil cases is governed by Local Civil Rule 41(d) and (h). The relevant portions of the Rule provide:
h. Assignments and Transfers. In order to avoid unnecessary duplication of judicial effort, all pending civil actions and proceedings, which are determined to be related to any other pending civil action or proceeding pursuant to the criteria set forth in Civil Local Rule 40.1(d) shall be assigned to the district judge to whom the case was originally assigned, or the magistrate judge if the magistrate judge is handling the case by consent, pursuant to Civil Local Rule 40.1, the case first filed of any given series of cases (i.e., the case bearing the lowest case file number in the series). Orders for transfers of cases subject to this "low-number" rule shall be made and entered at the earliest practicable date following commencement of the action or proceeding.
d. Low Number Rule, Criteria. The clerk shall promptly examine the original complaint or petition in each civil action and proceeding hereafter filed and ascertain whether any one or more civil actions or proceedings pending or any one or more currently filed appear (1) to arise from the same or substantially identical transactions, happenings, or events; or (2) involve the same or substantially the same parties or property, or (3) involve the same patent or the same trademark, except where in one or both of the actions concerned, the same patent or trademark is joined with other patents or trademarks which do not cover the same or substantially identical things or devices; or (4) call for determination of the same or substantially identical questions of law; or (5) for other reasons would entail substantial duplication of labor if heard by different judges.
After consideration of the issues involved, the Court determines that pending cases 04-CV-0011 and 05-CV-0006 arise from the same or substantially identical transactions, happenings, or events. For judicial efficiency reasons, the Court finds that this matter is appropriate for transfer under the "low number" rule. Accordingly, the case will be transferred to the Honorable Roger T. Benitez. All future pleadings in this matter shall be directed to the Chambers of the Honorable Roger T. Benitez and shall bear the initials BEN following the civil case number.
Accordingly,
IT IS ORDERED this matter is hereby transferred and is now assigned to the Honorable Roger T. Benitez.
IT IS FURTHER ORDERED the hearing on the Motion to Consolidate, previously scheduled for March 25, 2005 before the Honorable William Q. Hayes, is hereby VACATED.
IT IS SO ORDERED.