Opinion
CIV. NO. 2:11-01833 WBS CIV. NO. 2:11-02209 KJM
08-24-2011
FREIDBERG AND PARKER, Appellant, v. DAVID FLEMMER, Chapter 11 Trustee, CWS ENTERPRISES, INC., and OFFICE OF THE U.S. TRUSTEE (SAC), Appellees. FREIDBERG AND PARKER, A LAW CORPORATION, Appellant, v. CWS ENTERPRISES, INC., DAVID D. FLEMMER, SARA L. KISTLER, and OFFICE OF THE U.S. TRUSTEE (SAC), Appellees.
Examination of the above-entitled bankruptcy appeals reveals that these appeals are related within the meaning of Local Rule 123(a) because the appellant is the same in both appeals and the appeals arise out of the same bankruptcy case and involve the same bank account. 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 to whom the first filed action was assigned.
IT IS THEREFORE ORDERED that the actions denominated Freidberg & Parker v. Flemmer, et al., Civ. No. 2:11-01833 WBS and Freidberg & Parker v. CWS Enterprises, Inc., et al., 2:11-02209 KJM be, and the same hereby are, deemed related and the case denominated Freidberg & Parker v. CWS Enterprises, Inc., et al., 2:11-02209 KJM, shall be reassigned to the Honorable WILLIAM B. SHUBB for all further proceedings. 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 Freidberg & Parker v. CWS Enterprises, Inc., et al., 2:11-02209 WBS.
IT IS FURTHER ORDERED that the Clerk of the Court make appropriated adjustment in the assignment of civil cases to compensate for this reassignment.
WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE