Meyer et al v. City of Clearlake et al

Filing 12

ORDER re service of 6 Order. Signed by Judge Maria-Elena James on 12/19/2008. (mejlc1, COURT STAFF) (Filed on 12/19/2008)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On December 4, 2008, the Court ordered the parties to inform it as to whether they consent to Magistrate Judge James' jurisdiction or request reassignment to a United States District Judge for trial. (Dkt. #6.) The parties were to inform the Court of their decision by December 18, 2008. As part of the December 4 Order, Plaintiffs were to serve the order upon all named defendants that have not made an appearance in this case (i.e., all defendants except City of Clearlake and Pacific Gas & Electric Company). As none of these defendants filed their consent or declination, it is not clear that Plaintiffs complied with the service portion of the order. Given Defendant PG&E's pending motion to dismiss, it is imperative that the Court determine whether this case can proceed before Magistrate Judge James. Accordingly, the Court hereby ORDERS as follows: 1) If Plaintiffs have already served all defendants with the December 4 Order, they shall file all proofs of service by December 24, 2008. vs. CITY OF CLEARLAKE, et al., Defendant(s). / IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA GRANT MEYER, et al., Plaintiff(s), No. C 08-4372 MEJ ORDER RE SERVICE

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

2)

If Plaintiffs failed to comply with the December 4 Order, they shall file a declaration establishing good cause for the failure by December 24, 2008. Plaintiffs shall then serve the December 4 Order by December 30, 2008. All defendants, with the exception of City of Clearlake and PG&E, shall filed their consent/declination forms by January 9, 2009. Plaintiffs shall also serve this Order upon all defendants that have not already made an appearance. IT IS SO ORDERED.

Dated: December 19, 2008

MARIA-ELENA JAMES United States Magistrate Judge

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