______________________________________________________________________________________________NOTICE OF RELATED CASE2
12345678910111213141516171819202122232425262728SCHIPSKE, DAVID SERRANO SEWELL,BARBARA YAROSLAYSKY,In Their Official Capacities as Members of theMedical Board of California,
Defendants.))))))To the Court, the parties, and their attorneys of record:Pursuant to Rule 83 of the Federal Rules of Civil Procedure and Local Rule 123(b),attorneys for Plaintiffs, Donald Welch, Anthony Duk, and Aaron Bitzer, do hereby notifythe Court that there may be a related case. The above-encaptioned case (herein
) was filed in this Court on October 1, 2012, challenging California Business andProfessions Code §§ 865, 865.1 and 865.2. On October 4, 2012, another case, entitledDavid Pickup, et al., v. Edmund Brown, Jr., et al., case number 2:12-cv-02497 (herein
Pickup v. Brown
, was filed in the Eastern District challenging the same statutes.The cases might be construed as related because (1) they challenge theconstitutionality of the statutes, and, (2) there are three common defendants. Counsel forWelch does not assert that these cases are related but notifies the Court pursuant to itsduty under Local Rule 123 and out of an abundance of caution.Attorneys for Welch believe that these two cases are not related because (1) theparties are not the same, (2) there are different causes of actions demonstrating differinglegal theories, and (3) Pickup v. Brown has numerous claims based upon state law.
Case 2:12-cv-02497-KJM-EFB Document 26 Filed 10/22/12 Page 2 of 7