"CONSOLIDATED ACTION" In re OPENWAVE SYSTEMS, INC. SHAREHOLDER DERIVATIVE LIGITATION ( Hacker v. Peterschmidt et al)

Filing 5

ORDER FOR PLAINTIFF TO CONSENT TO OR DECLINE MAGISTRATE JURISDICTION. Signed by Judge Maria-Elena James on 6/14/2006. (mejlc1, COURT STAFF) (Filed on 6/14/2006)

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"CONSOLIDATED ACTION" In re OPENWAVE SYSTEMS, INC. SHAREHOLDER DERIVATI...ker v. Peterschmidt et al) Doc. 5 Case 3:06-cv-03468-SI Document 5 Filed 06/14/2006 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 MANFRED HACKER, Plaintiff(s), vs. DAVID PETERSCHMIDT, et al., Defendant(s). / No. C 06-3468 MEJ ORDER DIRECTING PLAINTIFF TO FILE CONSENT/DECLINATION FORM United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pending before the Court are Plaintiff's applications for counsel to appear pro hac vice, filed on June 12, 2006. Upon review of the record in this action, the Court notes that Plaintiff has not filed a written consent to Magistrate Judge James' jurisdiction or request for reassignment to a United States District Court judge for trial. This civil case was randomly assigned to United States Magistrate Judge Maria-Elena James for all purposes including trial. In accordance with Title 28, U.S.C. 636(c), the Magistrate Judges of this District Court are designated to conduct any and all proceedings in a civil case, including a jury or non-jury trial, and to order the entry of final judgment, upon the consent of the parties. An appeal from a judgment entered by Magistrate Judge James may be taken directly to the United States Court of Appeals for the Ninth Circuit in the same manner as an appeal from any other judgment of a district court. You have the right to have your case assigned to a United States District Judge for trial and Dockets.Justia.com Case 3:06-cv-03468-SI Document 5 Filed 06/14/2006 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 disposition. Accordingly, Plaintiff shall inform the Court whether he consents to Magistrate Judge James' jurisdiction or requests 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." Plaintiff shall inform the Court as soon as possible, but no later than June 22, 2006. IT IS SO ORDERED. Dated: June 14, 2006 MARIA-ELENA JAMES United States Magistrate Judge United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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