Taback et al v. Allstate Insurance Company et al

Filing 7

ORDER DIRECTING PARTIES TO FILE CONSENT/DECLINATION FORM re 5 MOTION to Dismiss Defendant Fred Heckendorn filed by Allstate Insurance Company,, 6 MOTION to Dismiss Allstate Insurance Company filed by Allstate Insurance Company,. Signed by Judge Maria-Elena James on 10/18/2005. (mejlc2, COURT STAFF) (Filed on 10/18/2005)

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Taback et al v. Allstate Insurance Company et al Doc. 7 Case 3:05-cv-04057-MEJ Document 7 Filed 10/18/2005 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 12 F o r the N o r t h e r n D i s t r i c t of C a l i f o r n i a GAIL TABACK; EUGENE TABACK, Plaintiff(s), vs. ALL STATE INSURANCE COMPANY; FRED HECKENDORN, et al., Defendant(s). / No. C 05-4057 MEJ ORDER DIRECTING PARTIES TO FILE CONSENT/DECLINATION FORM 13 14 15 16 17 18 Pending before the Court is Defendants' Motion to Dismiss, filed on October 17, 2005. Upon review of the record in this action, the Court notes that the parties have not filed written consents to 19 20 Magistrate Judge James' jurisdiction or requests for reassignment to a United States District Court 21 judge for trial. This civil case was randomly assigned to United States Magistrate Judge Maria22 Elena James for all purposes including trial. In accordance with Title 28, U.S.C. 636(c), the 23 Magistrate Judges of this District Court are designated to conduct any and all proceedings in a civil 24 case, including a jury or non-jury trial, and to order the entry of final judgment, upon the consent of 25 the parties. An appeal from a judgment entered by Magistrate Judge James may be taken directly to 26 the United States Court of Appeals for the Ninth Circuit in the same manner as an appeal from any 27 other judgment of a district court. 28 Dockets.Justia.com Case 3:05-cv-04057-MEJ Document 7 Filed 10/18/2005 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 You have the right to have your case assigned to a United States District Judge for trial and disposition. Accordingly, the parties shall inform the Court whether they consent to Magistrate Judge James' jurisdiction or request reassignment to a United States District Judge for trial. A copy of both the consent and declination forms may be obtained from the Northern District of California's website at http://www.cand.uscourts.gov/. From the homepage, click on the "Forms" tab on the left margin, then choose "Civil." The parties shall inform the Court as soon as possible, but no later than November 10, 2005. IT IS SO ORDERED. Dated: October 18, 2005 MARIA-ELENA JAMES United States Magistrate Judge United States District Court 11 12 F o r the N o r t h e r n D i s t r i c t of C a l i f o r n i a 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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