Local Rule 3-13: Notice of Pendency of Other Action or Proceeding
N.D. Cal. — Civil rule
3-13. Notice of Pendency of Other Action or Proceeding
(a) Notice. Whenever a party knows or learns that an action filed or removed to this district involves all or a material part of the same subject matter and all or substantially all of the same parties as another action which is pending in any other federal or state court, the party must promptly file with the Court in the action pending before this Court and serve all opposing parties in the action pending before this Court with a Notice of Pendency of Other Action or Proceeding. If two representative (e.g., class, collective, PAGA, etc.) actions involve overlapping claims (i.e., the definitions of covered individuals overlap and the claims asserted overlap), they fall within the coverage of this rule.
(b) Content of Notice. A Notice of Pendency of Other Action or Proceeding must contain: (1) A description of the other action; (2) A copy of the operative complaint in the other action; and (3) A brief statement of: (A) The procedural posture of the other action; (B) The relationship of the other action to the action or proceeding pending in this district, and the nature of the overlap of subject matter and/or parties; and (C) If the other action is pending in another U.S. District Court, whether transfer should be effected pursuant to 28 U.S.C. § 1407 (Multi District Litigation Procedures) or whether other coordination might avoid conflicts, conserve resources and promote an efficient determination of the action; or (D) If the other action is pending before any state court, whether proceedings should be coordinated to avoid conflicts, conserve resources and promote an efficient determination of the action.
(c) Procedure After Filing. No later than 14 days after service of a Notice of Pendency of Other Action, any party may file with the Court a statement supporting or opposing the notice. Such statement will specifically address the issues in Civil L.R. 3-13(b).
(d) Order. After the time for filing support or opposition to the Notice of Pendency of Other Actions or Proceedings has passed, the Judge assigned to the case pending in this district may make appropriate orders.