(a) Definitions. Two or more civil
cases may be related if one or more of the following conditions are met:
(1) the
cases involve the same property;
(2) the
cases involve some of the same issues of fact or law;
(3) the
cases grow out of the same transaction or occurrence; or
(4) in
class action suits, one or more of the classes involved in the cases is or are
the same.
(b) Conditions for Reassignment. A
case may be reassigned to the calendar of another judge if it is found to be
related to an earlier-numbered case assigned to that judge and each of the
following criteria is met:
(1) both
cases are pending in this Court;
(2) the
handling of both cases by the same judge is likely to result in a substantial
saving of judicial time and effort;
(3) the
earlier case has not progressed to the point where designating a later filed
case as related would be likely to delay the proceedings in the earlier case
substantially; and
(4) the
cases are susceptible of disposition in a single proceeding.
(c) Motion to Reassign. A motion for
reassignment based on relatedness may be filed by any party to a case. The
motion shall—
(1) set
forth the points of commonality of the cases in sufficient detail to indicate
that the cases are related within the meaning of section (a), and
(2) indicate
the extent to which the conditions required by section (b) will be met if the
cases are found to be related.
A copy of the complaint or other relevant pleading in each
of the higher-numbered cases that are the subject of the motion shall be
attached to the motion.
The motion shall be filed in the lowest-numbered case of
the claimed related set and noticed before the judge assigned to that case.
Where all the cases claimed to be related are assigned to magistrate judges on
consent, then the motion shall be filed with the magistrate judge before whom
the lowest-numbered case is pending. Where one or more of the cases claimed to
be related is assigned to a magistrate judge on consent and one or more of the
remaining cases is assigned to a district judge, the motion shall be filed with
the district judge having the lowest-numbered case. The party filing the motion
must also file a Notice of Filing in the higher numbered cases, along with a
copy of the motion filed as an attached exhibit.
In order that all parties to a proceeding be permitted to
respond on the questions of relatedness and possible reassignment, such motions
should not generally be filed until after the appearances of all parties have
been filed in each of the proceedings involved.
(d) Ruling on Motion. The judge to whom
the motion is presented may consult with the judge or judges before whom the
other case or cases are pending. The judge shall enter an order finding whether
the cases are related within the meaning of the rules of this Court and, if
they are, whether the higher-numbered case or cases should be reassigned.
Where the judge finds that the cases are related and that
reassignment should take place, a copy of that finding will be forwarded to the
Executive Committee together with a request that the Committee reassign the
higher-numbered case or cases.
A copy of any finding that cases either are or are not
related and, if they are, that reassignment should or should not take place
shall also be sent to each of the judges on whose calendar one or more of the
higher-numbered cases is or are pending. Any judge to whom one or more of the
cases involved is or are assigned may seek a review of the finding by the
Executive Committee. The order entered by the Committee following review shall
be final.
Amended November 2, 2010
and March 20, 2025