Hoko v. Transit Am. Servs., Inc.

Full title: SIONE S. HOKO, Plaintiff, v. TRANSIT AMERICA SERVICES, INC., Defendant.

Court: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Date published: Jan 20, 2016

Case No. 14-CV-01327-LHK (N.D. Cal. Jan. 20, 2016)

Opinion

Case No. 14-CV-01327-LHK Case No. 15-CV-06211-EJD

01-20-2016

SIONE S. HOKO, Plaintiff, v. TRANSIT AMERICA SERVICES, INC., Defendant.

LUCY H. KOH United States District Judge

ORDER RE: CONSIDERATION OF RELATED CASE STATUS

Re: Dkt. No. 35

On January 14, 2016, District Judge Edward Davila issued an order requesting the undersigned judge to consider whether Hoko v. Transit America Services, Inc., No. 15-CV-6211-EJD (N.D. Cal.), is related to Hoko v. Transit America Services, Inc., No. 14-CV-1327-LHK (N.D. Cal.). ECF No. 35. The deadline to file a response or statement of opposition has now passed. See Civil L.R. 3-12(e) (requiring response within four days of order).

The Court has carefully reviewed these cases, and finds that the cases are not related. Specifically, Civil Local Rule 3-12(a) provides that "[a]n action is related to another when . . . [t]he actions concern substantially the same . . . transaction or event." Civil L.R. 3-12(a). Here, all of the events in Hoko v. Transit America Services, Inc., No. 15-CV-6211-EJD (N.D. Cal.), occurred after the events in Hoko v. Transit America Services, Inc., No. 14-CV-1327-LHK (N.D. Cal.). See No. 15-CV-6211-EJD, ECF No. 1 ¶ 5 ("The discriminatory acts, which are the basis of this suit, occurred between May of 2014 and June of 2015."); No. 14-CV-1327-LHK, No. 28 ¶ 5 ("The discriminatory acts, which are the basis of this suit, occurred between July of 2012 and July of 2013."). Moreover, the cases pertain to different charges of employment discrimination, filed at different times, before the Equal Employment Opportunity Commission ("EEOC"). See No. 15-CV-6211-EJD, ECF No. 1 ¶ 7-8 (describing charges brought before EEOC in May and June 2015); No. 14-CV-1327-LHK, No. 28 ¶ 7 (describing charge brought before EEOC in December 2013).

Accordingly, Hoko v. Transit America Services, Inc., No. 15-CV-6211-EJD (N.D. Cal.), and Hoko v. Transit America Services, Inc., No. 14-CV-1327-LHK (N.D. Cal.), shall not be related, and Hoko v. Transit America Services, Inc., No. 15-CV-6211-EJD (N.D. Cal.), shall not be reassigned to the undersigned judge.

IT IS SO ORDERED.

Dated: January 20, 2016

/s/_________

LUCY H. KOH

United States District Judge