Strata Auction LLC v. Trammel et al

Filing 6

ORDER DIRECTING DEFENDANT TO FILE CONSENT/DECLINATION. Signed by Judge Maria-Elena James on 2/25/2011. (cdnS, COURT STAFF) (Filed on 2/25/2011)

Strata Auction LLC v. Trammel et al Doc. 6 1 2 3 4 5 6 7 v. 8 TRAMMEL 9 10 11 UNITED STATES DISTRICT COURT 12 For the Northern District of California UNITED STATES DISTRICT COURT Northern District of California STRATA AUCTION LLC Plaintiff(s), No. C 11-00766 MEJ ORDER DIRECTING DEFENDANT TO FILE CONSENT/DECLINATION FORM Defendant(s). _____________________________________/ Pending before the Court is Defendant's ifp application. Upon review of the record in this action, the Court notes that Defendant has not filed a written consent to Magistrate Judge James' jurisdiction. This civil case was randomly assigned to Magistrate Judge James for all purposes including trial. In accordance with 28 U.S.C. 636(c), the magistrate judges of this district court are designated to conduct any and all proceedings in a civil case, including trial and entry of final judgment, upon the consent of the parties. An appeal from a judgment entered by Magistrate Judge James may be taken directly to the United States Court of Appeals for the Ninth Circuit in the same manner as an appeal from any other judgment of a district court. You have the right to have your case assigned to a United States District Judge for trial and disposition. Accordingly, Defendant shall inform the Court, by way of the enclosed form, whether she consents to Magistrate Judge James' jurisdiction or requests reassignment to a United States District Judge for trial. The consent/declination form shall be filed by March 17, 2011. IT IS SO ORDERED. Dated: February 25, 2011 _______________________________ Maria-Elena James Chief United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 vs. TRAMMEL IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA STRATA AUCTION LLC Plaintiff(s), No. C 11-00766 MEJ Defendant(s). / CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE 11 In accordance with the provisions of 28 U.S.C. 636(c), the undersigned party hereby UNITED STATES DISTRICT COURT 12 For the Northern District of California consents to have a United States Magistrate Judge conduct any and all further proceedings in this 13 case, including trial, and order the entry of final judgment, and voluntarily waives the right to 14 proceed before a United States District Judge. 15 16 Dated:_________________________ 17 Counsel for:__________________________ 18 19 REQUEST FOR REASSIGNMENT TO A UNITED STATES DISTRICT JUDGE 20 The undersigned party hereby declines to consent to the assignment of this case to a United 21 States Magistrate Judge for trial and disposition, and hereby requests the reassignment of this case to 22 a United States District Judge. 23 24 Dated:___________________________ 25 Counsel for:__________________________ 26 27 28 2 Signed by:____________________________ Signed by:____________________________ 1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 For the Northern District of California UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA STRATA AUCTION LLC Plaintiff, v. TRAMMEL Defendant. / Case Number: 11-00766 MEJ CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on February 25, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Sylvia A Trammel 3536 Windmill Way Concord, CA 94518 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: February 25, 2011 Richard W. Wieking, Clerk By: Brenda Tolbert, Deputy Clerk 3