Hass v. County of Sacramento, et al.

Filing 7

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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES D. HASS,

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Plaintiff,

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No. 2:13-cv-1746-JAM-KJN

v.

ORDER

COUNTY OF SACRAMENTO
DEPARTMENT OF SUPPORT
SERVICES, et al.,

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Defendants.

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On August 22, 2013, this action was removed to this court from the Sacramento County

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Superior Court. (ECF No. 1.) Because it appeared from the papers attached to the notice of

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removal that plaintiff James D. Hass was proceeding without counsel, the action was referred to

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the undersigned pursuant to E.D. Cal. L.R. 302(c)(21).
Thereafter, on August 29, 2013, defendants County of Sacramento Department of Support

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Services and Scott Jones filed a motion to dismiss pursuant to Federal Rule of Civil Procedure

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12(b)(6), which was noticed for hearing before the undersigned on October 3, 2013. (ECF No. 4.)

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On September 19, 2013, plaintiff’s attorney, Loretta Hazel Hellen, filed an opposition to the

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motion on plaintiff’s behalf, indicating that she was acting as the attorney for plaintiff. (ECF

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Nos. 5, 6.) Ms. Helen was accordingly added to the docket as counsel of record.

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Local Rule 302(c)(21) provides that magistrate judges shall conduct all appropriate pre-

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trial proceedings in “actions in which all the plaintiffs or defendants are proceeding in propria

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persona, including dispositive and non-dispositive motions and matters. Actions initially

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assigned to a Magistrate Judge under this paragraph shall be referred back to the assigned Judge if

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a party appearing in propria persona is later represented by an attorney in accordance with L.R.

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180.” E.D. Cal. L.R. 302(c)(21).

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In light of the appearance of counsel on plaintiff’s behalf, neither all the plaintiffs nor all

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the defendants in this action are proceeding in propria persona. Therefore, further proceedings in

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this action, other than discovery motions and other matters appropriately referred to the

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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.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

This matter, including the pending motion to dismiss (ECF No. 4) is referred to the

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United States District Judge assigned to this action. See E.D. Cal. L.R. 302(c)(21).

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2. All dates pending before the undersigned are VACATED. The moving defendants

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shall promptly re-notice the pending motion to dismiss for hearing before the assigned

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district judge.

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3. Henceforth the caption on documents filed in this action shall be No. 2:13-cv-1746
JAM KJN.
IT IS SO ORDERED.
Dated: September 23, 2013

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