Montes
Montes v. Capital One Financial Corporation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 OMAR MONTES, Case No. 23-cv-04052-BLF
Plaintiff,
ORDER DETERMINING CASES ARE
v. NOT RELATED
CAPITAL ONE, NATIONAL [Re: ECF No. 43]
ASSOCIATION,
11 Defendant. 12 Currently pending before the Court is an Administrative Motion by defendant Capital One, National Associate (“Capital One”) to consider whether cases should be related pursuant to Civil Local Rules 3-12 and 7-11, namely Montes v. Capital One, N.A., 4:24-cv-05677-KAW (N.D. Cal. Removed Aug. 22, 2024) (“Montes II”) and Montes v. Capital One, N.A., 5:23-cv-04052-BLF (N.D. Cal. Filed Aug. 10, 2023) (“Montes I”). ECF No. 43. Under Civil Local Rule 3-12, an action is related to another where:
(1) The actions concern substantially the same parties, property, transaction, or event; and (2) It appears likely that there will be an unduly burdensome duplication of labor and expense or conflicting…