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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 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, 14 Plaintiff, 15 16 17 No. 2:09-cv-03557 JAM KJN PS v. ABOLGHASSEM ALIZADEH, and individual, KOBRA ALIZADEH, an individual, 18 Defendant. 19 ORDER / 20 This matter proceeds before the undersigned magistrate judge because defendants 21 were, until recently, proceeding without counsel. See E. Dist. Local Rule 302(c)(21). 22 Defendants recently filed an answer in this action that reflects that defendants are now 23 represented by an attorney, Paul A. Warner, Esq. (See Answer, Dkt. No. 53; see also Joint Status 24 Report at 4, Dkt. No. 56.) Although plaintiff and defendant Abolghassem Alizadeh have 25 consented to proceed before a magistrate judge for all purposes in accordance with Local 26 //// 1 1 Rule 301 (Dkt. Nos. 52, 55), defendant Kobra Alizadeh has not so consented.1 Because 2 defendants are now represented by counsel, pretrial matters, other than discovery motions and 3 other matters within the jurisdiction of the magistrate judge, should now be noticed before the 4 United States District Judge assigned to this action. See E. Dist. Local Rule 302(c)(21). 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. 7 action. See E. Dist. Local Rule 302(c)(21). 8 9 This matter is referred to the United States District Judge assigned to this 2. All dates before the undersigned, including the September 29, 2011 status (pretrial scheduling) conference, are vacated. 10 3. 11 No. 2:09-cv-03557 JAM KJN. 12 13 Henceforth the caption on documents filed in this action shall be IT IS SO ORDERED. DATED: September 16, 2011 14 15 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 1 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).” 2

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