Removal

U.S. District Court for the Eastern District of Louisiana

Rule Set: Local Rules of the U.S. District Court for the Eastern District of Louisiana

Rule: 3.2

Jurisdiction: EDLA

Bluebook Citation: E.D. La. L.R. 3.2

All Rules: E.D. La. Local Rules, complete index


Text

LR3.1 Collateral Proceedings and Refiled Cases When a civil matter, commenced in or removed to the court, involves subject matter that comprises all or a material part of the subject matter or operative facts of another action, whether civil or criminal, then or previously pending in any court or administrative agency, counsel must file a list and description of all such actions then known to counsel and a brief summary of the relationship between the cases. If information concerning any such proceeding is obtained after the filing of the original pleading in the latter case, counsel must notify the court and opposing counsel in writing of the relationship between the cases. [Amended February 1, 2011] LR3.1.1 Assignment of Collateral Proceedings and Refiled Cases To promote judicial economy, conserve judicial resources, and avoid potential forum shopping and conflicting court rulings, all actions described in LR 3.1 must be transferred to the section with the lowest docket number, unless the two judges involved determine that some other procedure is in the interest of justice. If the transferee and transferor judges cannot agree upon whether a case should be transferred, the opinion of the transferee judge prevails. If counsel fails to make the certification described in LR 3.1 , the judge to whom the case is allotted must transfer the action when he or she learns of the related nature of the proceedings. [Amended June 28, 2002; February 1, 2011]

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