Assignment of Action to a Judge (a) Assignment. Immediately upon the filing of any civil action and its assignment to a division of the Court pursuant to Civil L.R. 3-2, the Clerk shall assign it to a

U.S. District Court for the Northern District of California

Rule Set: Civil Local Rules of the United States District Court for the Northern District of California

Rule: 3-3

Jurisdiction: NDCA

Bluebook Citation: N.D. Cal. Civ. L.R. 3-3

All Rules: N.D. Cal. Civil Local Rules, complete index


Text

The Clerk may not make or change any assignment, except as provided in these local rules or in the Assignment Plan . (b) Multiple Filings. Any single action filed in more than one division of this Court shall be transferred pursuant to Civil L.R. 3-2(h). (c) Refiled Action.

If any civil action or claim of a civil action is dismissed and subsequently refiled, the refiling party must file a Motion to Consider Whether Cases Should be Related pursuant to Civil L.R. 3-12. Upon a determination by a Judge that an action or claim pending before him or her is covered by this Local Rule, that Judge may transfer the refiled action to the Judge originally assigned to the action which had been dismissed. Any party who files an action in multiple divisions or dismisses an action and subsequently refiles it for the purpose of obtaining an assignment in contravention of Civil L.R. 3-3(b) shall be subject to appropriate sanctions.

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