Local Rule LRCiv 42.1: TRANSFER OF CASES; FILING OF MOTIONS TO TRANSFER OR CONSOLIDATE; RESPONSIVE AND REPLY MEMORANDA; ASSIGNMENT

LRCiv 42.1 TRANSFER OF CASES; FILING OF MOTIONS TO TRANSFER OR CONSOLIDATE; RESPONSIVE AND REPLY MEMORANDA; ASSIGNMENT

(a) Transfer of Cases. When two or more cases are pending before different Judges, a party in any of those cases may file a motion to transfer the case or cases to a single Judge on the ground that the cases: (1) arise from substantially the same transaction or event; (2) involve substantially the same parties or property; (3) involve the same patent, trademark, or copyright; (4) call for determination of substantially the same questions of law; or (5) for any other reason would entail substantial duplication of labor if heard by different Judges.

(b) Filing of a Motion to Transfer or Consolidate. A motion to transfer under subparagraph (a) or a motion to consolidate under Rule 42(a) of the Federal Rules of Civil Procedure must identify all the cases that are the subject of the motion by case name and case number. The movant must file the motion in a case in which the movant is a party. If the movant is a party in more than one of the affected cases, the movant must file the motion in the case with the lowest case number in which the movant is a party. The ECF System or (when the movant is not an ECF Registered User) the Clerk's Office will electronically file the motion in each affected case identified in the motion. The motion will be heard and decided, after consulting with the Judges assigned to the other affected cases, in the case with the lowest case number that is assigned to a District Judge. If the affected cases are assigned only to Magistrate Judges, the Magistrate Judge assigned to the case with the lowest case number will hear and decide the motion after consulting with the Magistrate Judges assigned to the other affected cases.

(c) Responsive and Reply Memoranda. Any party in any case that is the subject of a motion to transfer or consolidate may file a responsive memorandum, and the movant may file a reply memorandum. Any responsive or reply memorandum must identify all the cases affected by the underlying motion. The filer must file the responsive or reply memorandum in a case in which the filer is a party. The ECF System or (when the filer is not an ECF Registered User) the Clerk's Office will electronically file the responsive or reply memorandum in each affected case identified in the memorandum.

(d) Assignment. If a motion to transfer or consolidate is granted, the following factors may be considered in determining the Judge to whom the case or cases will be assigned: (1) whether substantive matters have been considered in a case; (2) which Judge has the most familiarity with the issues involved in the cases; (3) whether a case is reasonably viewed as the lead or principal case; or (4) any other factor serving the interest of judicial economy.

(e) Voluntary Judicial Reassignment of Cases. In any of the following circumstances, a Judge may transfer a case to another Judge with that Judge's consent and with notice to the Chief Judge:

(1) If the transferee Judge previously adjudicated a case that: (A) arose from substantially the same transaction or event; (B) involved substantially the same parties or property; (C) involved the same patent, trademark, or copyright; or (D) called for the determination of substantially the same questions of law;

(2) For any other reason which would entail substantial duplication of labor if heard by the transferor Judge; or

(3) For reasons of judicial economy and the availability of judicial resources.