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41.1 Assignment of Previously Dismissed Action If an action is filed or removed to this Court and subsequently discontinued, dismissed without prejudice, or remanded to a state court and is then subsequently refiled or removed, the new case shall be assigned or transferred to the same District Judge and Magistrate Judge who were assigned the initial case. Counsel or a pro se party shall be responsible for bringing to the attention of the Court by notation on the civil cover sheet or otherwise any relationship between a new case and an earlier one. The Chief District Judge has authority, pursuant to 28 U.S.C. § 137, to approve such exceptions to this assignment policy as are in the interests of justice.