Moriarity v. Henriques et al

Filing 19

ORDER To Defendants To File signed by Magistrate Judge Jennifer L. Thurston on 2/1/2012. Filing Deadline: 2/15/2012. (Leon-Guerrero, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LINDA D. MORIARITY,

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Plaintiff,
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v.
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JANALIE HENRIQUES,
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HUNT & HENRIQUES LAW FIRM, and
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DOES 1-20, inclusive,
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Defendants.
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_______________________________________ )

Case No.: 1:11-cv-01208 --- JLT
ORDER TO DEFENDANTS TO FILE THEIR
CONSENT OR DECLINATION TO CONSENT
TO THE JURISDICTION OF THE
MAGISTRATE JUDGE

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On September 14, 2011, the Court ordered all parties to the action to file their consent or

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declination to consent to the jurisdiction of the Magistrate Judge. (Doc. 6) The reason for the order

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was as follows:

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Due to the overwhelming caseload already assigned to the remaining two U.S.
District Judges in this division – more than twice the national average for District
Judges – the parties are strongly encouraged to consider or reconsider (in the event a
decline was previously filed) consenting to the jurisdiction of the U.S. Magistrate
Judge pursuant to 28 USC § 636 (c). Three of the U.S. Magistrate Judges sitting in
this division are former California Superior Court Judges and all six have significant
experience as trial attorneys. A brief summary of past professional experience may be
found on the Court’s Fresno Judge Information webpage. The parties are ORDERED
to affirmatively indicate whether they consent to or decline the jurisdiction of the U.S.
Magistrate Judge pursuant to 28 USC § 636 (c) by completing and filing the attached
form with the Clerk’s Office WITHIN 30 DAYS OF THIS ORDER. This form must
be completed regardless of whether or not one was previously filed. The parties are
advised that there will be no adverse substantive consequences if they choose not to
consent as provided by Fed.R.Civ.P. 73(b)(2). Upon receipt of the parties’ acceptance
or declination of Magistrate Judge jurisdiction, the case will be assigned to the U.S.
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Magistrate Judge or reassigned to a U.S. District Judge. Failure to timely comply with
this order will result in an Order to Show Cause and may result in sanctions.

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Subsequent to reassignment, motions may be scheduled and in the discretion of the
judge permanently assigned, the deadlines in the previously entered Scheduling Order
may be adjusted as good cause requires. Consent to a Magistrate Judge does not, in
any way, affect a party's legal rights, including the right to a jury trial
(Doc. 6 at 1-2) At the time the Court issued the order, no defendant had appeared in this action.
Therefore, for the same compelling reasons as in the earlier order, the Court now ORDERS

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Defendants to file the attached form, indicating whether they consent to the jurisdiction of the

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Magistrate Judge, within 14 days.

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IT IS SO ORDERED.

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Dated: February 1, 2012
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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