Local Rule LR 83.8: ASSIGNMENT OF CASES

LR 83.8 ASSIGNMENT OF CASES

(a) Initial Assignment of Cases. Unless otherwise ordered, cases in the Western District shall be assigned according to the following rules:

(b) Assignment of Dismissed or Re-Filed Cases. In the event a case is dismissed and then re-filed at a later date, the judge(s) to whom the original case was assigned will be assigned the re-filed case.

(c) Assignment of Related Civil Cases. Counsel shall inform the clerk of all related cases—as that term is defined in LR 3.1(b). If the later-filed case or cases have been assigned to a different judge or judges, the complaint in each later-filed case shall be examined to determine whether the later-filed case or cases are related to an earlier-filed case. If it is called to the clerk's attention, via the required civil cover sheet (JS-44), upon the filing of an action that the later-filed case is related to an earlier-filed case, the clerk shall assign the later-filed case to the judge before whom the earlier-filed case was assigned without utilizing the random assignment system. The purpose of LR 3.1(b) and LR 83.8(c) on related cases is to reduce duplication of judicial efforts and to maximize efficiency in the prompt disposition of related cases.

(1) If the magistrate judge is the presiding judge in a pending earlier-filed case, all parties in the later-filed related case must also consent to the magistrate judge. In the event all parties in the later-filed related case fail or decline to consent, the presiding magistrate judge in the later-filed related case will be replaced by a randomly assigned district judge.

(d) Exchange of Cases Between Judges. Unless otherwise ordered, case assignments may be exchanged as follows:

(1) When a judge has been assigned a case in accordance with these rules and is of the opinion that he or she should not preside in the case, such judge may, by mutual consent with one of the other judges of this district, transfer the case, unless the recusing judge determines to return the case to the Clerk for random reassignment. The judge to whom the case is transferred may select a comparable case assigned to him or her and transfer it to the judge from whom the transferred case was received. If the parties have already consented to the magistrate judge as the presiding judge, then the transfer or reassignment will be to another magistrate judge.

(2) If a matter demands immediate judicial determination (such as a temporary restraining order or a motion pertaining to bail) and the judge to whom the case is assigned is not reasonably available, then the party seeking the action shall contact the clerk, who will arrange for another judge to hear the matter. Handling of a matter under such circumstances does not constitute a permanent reassignment of the case.

For such other good cause and in such other manner as the court may direct.