U.S. Bank National Assoc. v. Stafford Trucking, Inc., et al

Filing 12

ORDER signed by Magistrate Judge Kendall J. Newman on 02/07/2024 DIRECTING all parties to file their Consent/Decline form no later than 02/14/2024.(Lopez, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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U.S. BANK NATIONAL ASSOC.,

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Plaintiff,

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2:23-cv-02686-KJN
ORDER

v.
STAFFORD TRUCKING, INC., ET AL,

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Defendant

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This case was filed on November 16, 2023, and assigned solely to the undersigned pursuant

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to Appendix A of the court’s Local Rules. (ECF No. 1.) Under the Initial Scheduling Order, all

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parties were to inform the Clerk of Court of their decision whether to Consent or Decline magistrate

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judge jurisdiction for all purposes in this case by filing their Consent/Decline form (ECF No. 4-1)

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within 90 days of the date the action was filed, in this case by February 14, 2024. (ECF No. 4 at 2,

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para. 2.)

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A review of the docket indicates that not all parties have filed their Consent/Decline forms.

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There is no obligation to consent, and no judge will be notified of a party’s decision unless all

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parties have consented. See Fed. R. Civ. P. 73(b)(1). However, for proper case administration,

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each party must inform the Clerk of Court whether or not it consents to magistrate judge jurisdiction

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for all purposes.

Therefore, no later than February 14, 2024, all parties SHALL file their

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Consent/Decline form.

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Further, the parties are reminded that defendant’s Answer filed on January 19, 2024 (ECF

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No. 9), triggers the 30-day deadline for the parties to file a Joint Status Report addressing the

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subjects listed in Local Rule 240(a) to assist the court in setting a scheduling order for the case.

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(See ECF No. 4, para. 3.) However, that deadline only applies if all parties consent to magistrate

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judge jurisdiction for all purposes under 28 U.S.C. § 636(c). In the event that not all parties consent,

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this case would be randomly reassigned to a district judge as presiding judge, and that district judge

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would direct the case’s scheduling.
ORDER

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Accordingly, it is HEREBY ORDERED that no later than February 14, 2024, all parties file

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their Consent/Decline form.
Dated: February 7, 2024

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usba.2686

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