- Notice Requirement. When a plaintiff files a complaint and there is a related case, as defined by LR 3.3(b)(1), (b)(2), or (b)(3), the complaint must be accompanied by a notice of related case. The notice must state the style and civil action number of the related case, the name of the presiding judge, whether the case is pending, and, if the case has been dismissed or remanded, the date of the final judgment or order remanding the case.
- Related Case Defined. A “related case” is any civil action
- that the plaintiff dismissed with the intent or for the purpose of obtaining a different assigned presiding judge and that is being refiled through the complaint;
- that the plaintiff dismissed under Fed. R. Civ. P. 41(a)(1) by notice of dismissal, and that is being refiled through the complaint without changing the parties, or after adding or omitting one or more parties;
- that—to the best of the plaintiff’s or removing party’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances—arises from a common nucleus of operative fact with the case being filed or removed, regardless whether the related case is a pending case; or
- that was remanded and, regardless whether one or more parties or one or more claims or defenses have changed, is being removed again.
- Effect of Failure to File Notice of Related Case. A plaintiff who does not file a notice of related case under LR 3.3(a), and a removing party who does not file a notice of related case under LR 81.1(a)(3), certifies that there is no related case, as defined in LR 3.3(b), to the case being filed or removed.