Opinion
Case No. 3:12-cv-00371-JST Case No. 3:13-cv-00088-JST
03-27-2013
TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICAL, et al., Plaintiff, v. CENTEX HOMES, et al., Defendant. TRAVELERS INDEMNITY COMPANY OF CONNECTICUT, et al., Plaintiff, v. CENTEX HOMES, et al., Defendant.
ORDER REFERRING CASE TO JUDGE
SAMUEL CONTI TO CONSIDER
WHETHER CASES ARE RELATED,
STAYING PROCEEDINGS AND
VACATING HEARINGS
Parties in these actions have been involved in four cases in this district: Case Nos. 10-cv-02757-CRB (dismissed 12/27/12), 11-cv-03638-SC, 12-cv-00371-JST, and 13-cv-00088-JST.
In August 2012, Plaintiffs moved to relate the first three of these cases. Case No. 10-cv-02757, Dkt. Nos. 395-97; see also id., Dkt. Nos. 399-400 & 402-03 (parties' arguments in favor and in opposition to relation). Judge Breyer found that the later-filed cases were not related to the case before him, 10-cv-02757. Id., Dkt. No. 406. Pursuant to Civil Local Rule 3-12(f)(2), the case should then have been referred to Judge Conti within 14 days so that he could determine whether case 12-cv-00371 was related to case 11-cv-03638, but no referral occurred. Subsequently, this Court found that cases 12-cv-00371 and 13-cv-00088 were related to each other. Case No. 12-cv-00371, Dkt. No. 99.
Pursuant to Civil Local Rule 3-12(c), this Court hereby REFERS Cases 12-cv-00371 and 13-cv-00088 to Judge Conti so that he may determine whether they are related to Case 3:11-cv-03638.
The Court hereby STAYS proceedings in Cases 3:12-00371 and 3:13-00088 pending Judge Conti's decision. All hearing dates in those cases, including those set for April 4, 2013, are hereby VACATED. The movants shall re-notice those hearings if Judge Conti determines that the cases are not related.
IT IS SO ORDERED.
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JON S. TIGAR
United States District Judge