Local Rule LCvR 40: ASSIGNMENT OF ACTIONS

LCvR 40 ASSIGNMENT OF ACTIONS A. Civil Action Categories. All civil actions in the Court shall be divided into the following categories:

1. antitrust and securities cases;

2. labor-management relations;

3. habeas corpus;

4. civil rights;

5. patent, copyright, and trademark;

6. eminent domain;

7. all other federal question cases;

8. all personal and property damage tort cases, including maritime, F.E.L.A., Jones Act, motor vehicle, products liability, assault, defamation, malicious prosecution, and false arrest;

9. insurance, indemnity, contract, and other diversity cases; or 10. government collection cases (includes inter alia, Health & Human Services (formerly Health, Education and Welfare) student loans, Veterans Administration overpayment, Social Security overpayment, enlistment overpayment, Housing & Urban Development loans, General Accounting Office loans, mortgage foreclosures, Small Business Administration loans, civil and coal mine penalties, and reclamation fees).

B. Criminal Action Categories. All criminal cases in this district shall be divided into the following categories:

1a. Narcotics and Other Controlled Substances, 1 to 2 Defendants 1b. Narcotics and Other Controlled Substances, 3 to 9 Defendants 1c. Narcotics and Other Controlled Substances, 10 or more Defendants 2a. Fraud and Property Offenses, 1 to 2 Defendants 2b. Fraud and Property Offenses, 3 to 9 Defendants 2c. Fraud and Property Offenses, 10 or more Defendants 3. Crimes of Violence 4. Sex Offenses 5. Firearms and Explosives 6. Immigration 7. All others For purposes of determining the appropriate category, the number of defendants in related indictments which are returned during the same grand jury session shall be combined.

See also LCrR 57.A.

C. Assignment of Civil Actions. Each civil action shall be assigned to a Judge who shall have charge of the case. The assignment shall be made by the Clerk of Court from a non-sequential list of all Judges arranged in each of the various categories. Sequences of Judges' names within each category shall be kept secret and no person shall directly or indirectly ascertain or divulge or attempt to ascertain or divulge the name of the Judge to whom any case may be assigned before the assignment is made by the Clerk of Court.

D. Related Actions. At the time of filing any civil or criminal action or entry of appearance or filing of the pleading or motion of any nature by defense counsel, as the case may be, counsel shall indicate on an appropriate form whether the action is related to any other pending or previously terminated actions in this Court. Relatedness shall be determined as follows:

1. all criminal actions arising out of the same criminal transaction or series of transactions are deemed related;

2. civil actions are deemed related when an action filed relates to property included in another action, or involves the same issue of fact, or it grows out of the same transaction as another action, or involves the validity or infringement of a patent involved in another action; and 3. all habeas corpus petitions filed by the same individual shall be deemed related. All pro se civil rights actions by the same individual shall be deemed related.

E. Assignment of Related Actions.

1. If the fact of relatedness is indicated on the appropriate form at time of filing, the Clerk of Court shall assign the case to the same Judge to whom the lower numbered related case is assigned, who may reject the assignment if the Judge determines that the cases are not related or the assignment does not otherwise promote the convenience of the parties or witnesses or the just and efficient conduct of the action.

2. If the fact of relatedness is not indicated on the appropriate form at time of filing, after a case is assigned, the assigned Judge may transfer the later-filed case to the Judge who is assigned the lower-numbered related case, (i) sua sponte, (ii) upon motion of a party, and/or (iii) upon suggestion of any other Judge in this Court, if the Judge assigned the later-filed case(s) determines that the cases are related or the transfer would promote the convenience of the parties or witnesses or the just and efficient conduct of the action.

F. Erie or Johnstown Actions. All actions qualifying for the Erie or Johnstown calendars shall be assigned to Judges designated by the Court to hear such actions.

G. No Transfer of Actions. Except in the case of death, disability, recusal required or permitted by law or other exceptional circumstances approved by the Chief Judge, no civil action shall be transferred from one Judge to another where:

1. the action has already been transferred from one Judge to another;

2. the action has been pending for more than two years; or 3. there are dispositive motions pending.