Bank of America, N.A. v. Alizadeh et al

Filing 57

ORDER signed by Magistrate Judge Kendall J. Newman on 9/16/2011 ORDERING 53 This matter is REFERRED to the US District Judge assigned to this action; All dates before the undersigned, including the 9/29/2011 status (pretrial scheduling) conference, are VACATED; Henceforth the caption on documents filed in this action shall be 2:09-CV-03557 JAM KJN. (Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BANK OF AMERICA, N.A., as Successor
Trustee to LaSalle Bank National
Association, as Trustee for the Registered
Holders of Morgan Stanley Capital I Inc.,
Commercial Mortgage Pass-Through
Certificates, Series 2004-HQ4, a national
banking company,

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Plaintiff,

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No. 2:09-cv-03557 JAM KJN PS

v.
ABOLGHASSEM ALIZADEH, and
individual, KOBRA ALIZADEH, an
individual,

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Defendant.

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ORDER
/

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This matter proceeds before the undersigned magistrate judge because defendants

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were, until recently, proceeding without counsel. See E. Dist. Local Rule 302(c)(21).

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Defendants recently filed an answer in this action that reflects that defendants are now

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represented by an attorney, Paul A. Warner, Esq. (See Answer, Dkt. No. 53; see also Joint Status

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Report at 4, Dkt. No. 56.) Although plaintiff and defendant Abolghassem Alizadeh have

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consented to proceed before a magistrate judge for all purposes in accordance with Local

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Rule 301 (Dkt. Nos. 52, 55), defendant Kobra Alizadeh has not so consented.1 Because

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defendants are now represented by counsel, pretrial matters, other than discovery motions and

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other matters within the jurisdiction of the magistrate judge, should now be noticed before the

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United States District Judge assigned to this action. See E. Dist. Local Rule 302(c)(21).

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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action. See E. Dist. Local Rule 302(c)(21).

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This matter is referred to the United States District Judge assigned to this

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All dates before the undersigned, including the September 29, 2011 status

(pretrial scheduling) conference, are vacated.

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3.

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No. 2:09-cv-03557 JAM KJN.

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Henceforth the caption on documents filed in this action shall be

IT IS SO ORDERED.
DATED: September 16, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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Eastern District Local Rule 301 provides, in relevant part: “Upon the consent of all
appearing parties, the Magistrate Judges are specially designated to conduct any and all
proceedings in any civil action, including the conduct of jury or nonjury trials, and to order the
entry of final judgments, in accordance with Fed. R. Civ. P. 73 and 28 U.S.C. § 636(a)(5)
and (c).”
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