Ennova Direct, Inc. v. LG Electronics U.S.A., Inc., et al

Filing 198

ORDER TO SHOW CAUSE - Show Cause Response due by 5/12/2010.. Signed by Judge Jeffrey S. White on 5/7/10. (jjoS, COURT STAFF) (Filed on 5/7/2010)

1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ENNOVA DIRECT, INC., Plaintiff, v. A-DATA TECHNOLOGY (U.S.A.) CO., LTD., et al., Defendants. / ORDER TO SHOW CAUSE No. C 10-01518 JSW

United States District Court

11
For the Northern District of California

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While this case was pending in the Eastern District of Texas, all defendants consented to have the case heard by a magistrate judge. Once a case is referred to a magistrate judge pursuant to 28 U.S.C. § 636(c), the reference can be withdrawn by the court only "for good cause shown on its own motion, or under extraordinary circumstances shown by any party." 28 U.S.C. § 636(c)(6) (emphasis added); see also Dixon v. Ylst, 990 F.2d 478, 480 (9th Cir. 1993) ("There is no absolute right, in a civil case, to withdraw consent to trial and other proceedings before a magistrate judge."); Fellman v. Fireman's Fund Ins. Co., 735 F.2d 55, 58 (2d Cir.1984). Despite the requirement of extraordinary circumstances, defendant Transcend Information Inc. filed a declination of consent after this matter was transferred to the Northern District of California without providing any explanation regarding the withdrawal of its consent. /// /// ///

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Therefore, the Court HEREBY ORDERS Transcend Information Inc. to show cause in writing by no later than May 12, 2010 why the reassignment order should not be vacated. IT IS SO ORDERED.

Dated: May 7, 2010

JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE

United States District Court

11
For the Northern District of California

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