Galliani et al v. CitiMortgage, Inc.

Filing 12

ORDER REFERRING CASE to DISTRICT JUDGE signed by Magistrate Judge Kendall J. Newman on 5/16/2012. This matter is REFERRED to District Judge Kimberly J. Mueller. All dates pending before Magistrate Judge Newman are VACATED. Henceforth, documents filed in action shall be submitted as 2:12-CV-0411 KJM KJN. (Marciel, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARC and ROBERTA GALLIANI,

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Plaintiffs,

No. 2:12-cv-00411 KJM KJN PS

v.

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CITIMORTGAGE, INC.,

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Defendant.

ORDER
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This matter proceeds before the undersigned magistrate judge because plaintiffs

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

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May 16, 2012, plaintiffs filed a Notice of Substitution of Counsel (Dkt. No. 10), which indicates

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that plaintiffs are now represented by attorneys. Because plaintiffs are now represented by

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counsel, pretrial matters, other than discovery motions and other matters appropriately referred to

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the undersigned under the court’s Local Rules, should now be noticed before the United States

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

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The undersigned notes that defendants’ amended motion to dismiss plaintiffs’

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complaint (Dkt. No. 10) is presently set to be heard by the undersigned on June 7, 2012. (Order,

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Apr. 24, 2012, Dkt. No. 9.) Plaintiffs’ opposition to the amended motion to dismiss is due by

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May 17, 2012, but on May 16, 2012, the parties filed a stipulation and proposed order continuing
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the hearing date and modifying the briefing schedule relative to the amended motion to dismiss

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(Dkt. No. 11). However, because plaintiffs are no longer proceeding without counsel, the

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undersigned lacks authority to rule on the parties’ stipulation and proposed order under Local

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Rule 302(c)(21). The parties should redirect their stipulation and proposed order to the district

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judge.1

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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

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

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2.

All dates pending before the undersigned are vacated.

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3.

Henceforth the caption on documents filed in this action shall be

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No. 2:12-cv-000411 KJM KJN.

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IT IS SO ORDERED.
DATED: May 16, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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KJN:nkd

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The undersigned will forward the electronic, WordPerfect version of the parties’ stipulation
and proposed order to the assigned district judge.
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