Hass v. County of Sacramento, et al.
ORDER signed by Magistrate Judge Kendall J. Newman on 9/23/2013 REFERRING this matter and the 4 Motion to Dismiss to Judge John A. Mendez pursuant to L.R. 302(c)(21); VACATING all pending dates; ORDERING the moving Defendant to promptly re-notice the pending Motion to Dismiss for hearing before the assigned district judge; ORDERING that the capion on all documents filed henceforth be No.: 2:13-cv-1746 JAM KJN. (Michel, G)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
JAMES D. HASS,
COUNTY OF SACRAMENTO
DEPARTMENT OF SUPPORT
SERVICES, et al.,
On August 22, 2013, this action was removed to this court from the Sacramento County
Superior Court. (ECF No. 1.) Because it appeared from the papers attached to the notice of
removal that plaintiff James D. Hass was proceeding without counsel, the action was referred to
the undersigned pursuant to E.D. Cal. L.R. 302(c)(21).
Thereafter, on August 29, 2013, defendants County of Sacramento Department of Support
Services and Scott Jones filed a motion to dismiss pursuant to Federal Rule of Civil Procedure
12(b)(6), which was noticed for hearing before the undersigned on October 3, 2013. (ECF No. 4.)
On September 19, 2013, plaintiff’s attorney, Loretta Hazel Hellen, filed an opposition to the
motion on plaintiff’s behalf, indicating that she was acting as the attorney for plaintiff. (ECF
Nos. 5, 6.) Ms. Helen was accordingly added to the docket as counsel of record.
Local Rule 302(c)(21) provides that magistrate judges shall conduct all appropriate pre-
trial proceedings in “actions in which all the plaintiffs or defendants are proceeding in propria
persona, including dispositive and non-dispositive motions and matters. Actions initially
assigned to a Magistrate Judge under this paragraph shall be referred back to the assigned Judge if
a party appearing in propria persona is later represented by an attorney in accordance with L.R.
180.” E.D. Cal. L.R. 302(c)(21).
In light of the appearance of counsel on plaintiff’s behalf, neither all the plaintiffs nor all
the defendants in this action are proceeding in propria persona. Therefore, further proceedings in
this action, other than discovery motions and other matters appropriately referred to the
undersigned under the court’s Local Rules, should now be noticed before the United States
District Judge assigned to this action.
Accordingly, IT IS HEREBY ORDERED that:
This matter, including the pending motion to dismiss (ECF No. 4) is referred to the
United States District Judge assigned to this action. See E.D. Cal. L.R. 302(c)(21).
2. All dates pending before the undersigned are VACATED. The moving defendants
shall promptly re-notice the pending motion to dismiss for hearing before the assigned
3. Henceforth the caption on documents filed in this action shall be No. 2:13-cv-1746
IT IS SO ORDERED.
Dated: September 23, 2013
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