Hangarter

ORDER

Plaintiffs Application for Order to Show Cause re Contempt, Defendants’ Motion for Leave to Conduct Discovery to Oppose Application and Defendants’ Motion for Reassignment to District Judge came on for hearing before this Court on August 20, 2003. The Court denied the application and motion to take discovery and granted the request for reassignment to a district judge from the bench. At the parties’ request, the Court hereby provides the rationale for its decision.

In brief, Laurie Hindiyeh and Eugene Molfino’s motion was denied, as an improper attempt without leave of court to amend the complaint in the Hangarber action to add plaintiffs after entry of judgment, as forum-shopping, and as an attempt to circumvent the assignment process. Furthermore, Plaintiffs are seeking precisely the relief which was denied in this court’s Order in which it issued an injunction: reopening of claims files of claimants who were denied benefits.

Since these are new claims, the issue of consent arises. Defendant declines to consent. Therefore Defendants’ Motion for Reassignment is granted.

Factual and Procedural Background

A jury verdict was entered in the case of Joan Hangarber v. Paul…