Local Rule Civil Rule 40.1: Assignment of Civil Cases

Civil Rule 40.1 Assignment of Civil Cases a. Assignment of Civil Cases. All actions and proceedings of a civil nature must be numbered consecutively upon the filing of the first document in each such action or proceeding, and the judges will, from time to time, determine, and indicate by formal order to the Clerk, the method by which each action or proceeding will be assigned to a particular judge, to the end that over a period of time each judge must be assigned substantially equal amounts of work. Neither the Clerk nor any deputy will have any discretion in determining the judge to whom any matter is assigned, the action of the Clerk being ministerial only. The method of assignment chosen by the judges will be such that the judge to whom any particular matter is to be assigned, in accordance with this rule, must not be known by or disclosed to the Clerk, or any member of the staff, or to any other person, until after such action or proceeding has been filed and numbered. The judge to whom a case is assigned, or the Chief Judge of the district, may transfer such a case at any time to a consenting judge in the interest of efficient administration of the judicial business of the district. b. Assignments to New Judges. Upon the induction of a new judge or judges, the Court will assign the new judge(s) a portion of the existing civil case load from the dockets of the active judges. The Clerk will randomly select the civil cases for transfer to the new judge. The transferring judge may decline to transfer a case and then another case will be randomly selected. The new judge may refuse to accept any such transfer when there are grounds for recusal, in which instance another case will be selected. The Clerk will then add the name of the new judge to the random selection system that governs the assignment of new cases to active judges. c. Assignments to Senior Judges. Senior District Judges may, in their discretion, direct the reassignment of any case pending before them to another randomly selected district judge. d. Temporary Designation. Absent an order to the contrary, all the judges sitting in this district are designated to handle any matters requiring action on cases assigned to a judge who is unavailable. e. Low Number Rule, Criteria. The Clerk must promptly examine the original complaint or petition in each civil action and proceeding hereafter filed and ascertain whether any one or more civil actions or proceedings pending, or any one or more currently filed, appear to: 1. Arise from the same or substantially identical transactions, happenings, or events; 2. Involve the same or substantially the same parties or property; 3. Involve the same patent or the same trademark; 4. Call for determination of the same or substantially identical questions of law; 5. Involve a case that is refiled within one year of having previously been terminated by the Court; or, 6. Involve substantial duplication of labor if heard by different judges. A senior judge may elect to decline the assignment of a new related case. f. Notice of Related Case, Duties of Counsel. Whenever counsel has reason to believe that a pending action or proceeding on file or about to be filed is related to another pending action or proceeding on file in this or any other federal or state court (whether pending, dismissed, or otherwise terminated), counsel must promptly file and serve on all known parties to each related action or proceeding a notice of related case, stating the title, number and filing date of each action or proceeding believed to be related, together with a detailed statement of their relationship and the reasons why assignment to a single district judge is or is not likely to effect a saving of judicial effort and other economies. The Clerk will promptly notify the Court of such filing. This is a continuing duty that applies not only when counsel files a case with knowledge of a related action or proceeding but also applies after the date of filing whenever counsel learns of a related action or proceeding. g. Objections to the Notice of Related Case. Within seven (7) days of receiving service of a Notice of Related Case or seven (7) days of first appearing in the case, whichever is later, any party to the case may file and serve a detailed statement setting forth reasons that the case does not qualify as a related case under these rules. Any other party may file a reply within seven (7) days of the objection. The judges assigned to the cases identified by counsel as related will decide if the cases are related within seven (7) days after the response is due. If all of the judges agree that the appropriate criteria are met, a low number order will issue. Absent complete agreement by the judges assigned to the cases identified as related, no low number transfer will occur. h. Duties of Clerk. Whenever it appears to the Clerk that any one or more of the above circumstances set forth in Civil Local Rule 40.1.e exist, it will be the duty of the Clerk to report the cases in question to the judges assigned to the involved cases at the earliest date practicable. If all of the judges agree that the appropriate criteria are met, the Clerk will issue a Notice of Related Case. Absent complete agreement by the judges assigned to the cases identified as related, no low number transfer will occur. i. Objections to the Notice of Related Case Issued under Part h. Within seven (7) days of receiving service of a Notice of Related Case or seven (7) days of first appearing in the case, whichever is later, any party to the case may file and serve a detailed statement setting forth reasons that the case does not qualify as a related case under these rules. Any other party may file a reply within seven (7) days of the objection. The judges assigned to the cases identified by counsel as related will decide if the cases are related within seven (7) days after the response is due. If all of the judges agree that the appropriate criteria are met, a low number order will issue. Absent complete agreement by the judges assigned to the cases identified as related no low number transfer will occur. j. Assignments and Transfers. In order to avoid unnecessary duplication of judicial effort, all pending civil actions and proceedings, which are determined to be related to any other pending civil action or proceeding pursuant to the criteria set forth in Civil Local Rule 40.1.e will be assigned to the district and magistrate judge to whom the lowest numbered case was assigned, or the magistrate judge, if the parties consent, and the magistrate judge is handling the lower numbered case by consent. Orders for transfers of cases subject to this "low-numbered" rule must be made and entered at the earliest practicable date following commencement of the action or proceedings. k. Transfer Limitation. No single series of cases comprising more than ten (10) in number may be transferred to a single judge pursuant to this order without the consent of the transferee judge.