Chan v. Salas

Filing 11

SECOND ORDER DIRECTING PLAINTIFF TO FILE CONSENT/DECLINATION. Signed by Judge Maria-Elena James on 11/1/2010. (mejlc1, COURT STAFF) (Filed on 11/1/2010)

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Chan v. Salas Doc. 11 1 2 3 4 5 6 7 8 9 10 11 UNITED UNITED STATES DISTRICT COURT 12 For the Northern District of California UNITED STATES DISTRICT COURT Northern District of California SOPHIA Q. CHAN, v. JOAQUIN SALAS, Defendant. _____________________________________/ Plaintiff, No. C 10-04348 MEJ SECOND ORDER DIRECTING PLAINTIFF TO FILE CONSENT/DECLINATION FORM On October 5, 2010, the Court ordered the parties to file a consent to magistrate judge jurisdiction or a request for reassignment to a district judge by October 21, 2010. (Dkt. #7.) Plaintiff has failed to comply with this deadline. In accordance with 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 trial and 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 disposition. Accordingly, Plaintiff shall inform the court, by way of the enclosed form (or the form on the Court's website), whether she consents to Magistrate Judge James' jurisdiction or requests reassignment to a United States District Judge for trial. Plaintiff shall inform the Court of her decision by November 18, 2010. IT IS SO ORDERED. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: November 1, 2010 _______________________________ Maria-Elena James Chief United States Magistrate Judge Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 For the Northern District of California IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SOPHIA Q. CHAN Plaintiff(s), vs. JOAQUIN SALAS Defendant(s). / No. C 10-04348 MEJ CONSENT TO ASSIGNMENT OR REQUEST FOR REASSIGNMENT CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE In accordance with the provisions of 28 U.S.C. 636(c), the undersigned party hereby consents to have a United States Magistrate Judge conduct any and all further proceedings in this case, including trial, and order the entry of final judgment, and voluntarily waives the right to proceed before a United States District Judge. Dated:________________________ Signed by: ____________________________ Counsel for:_____________________________ 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR REASSIGNMENT TO A UNITED STATES DISTRICT JUDGE The undersigned party hereby declines to consent to the assignment of this case to a United States Magistrate Judge for trial and disposition and hereby requests the reassignment of this case to a United States District Judge. Dated: ________________________ Signed by: _____________________________ Counsel for: ____________________________ 2 1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 For the Northern District of California UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SOPHIA Q. CHAN Plaintiff, v. JOAQUIN SALAS Defendant. / Case Number: 10-04348 MEJ CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on November 1, 2010, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Sophia Q. Chan 1468 Silver Avenue San Francisco, CA 94134 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: November 1, 2010 Richard W. Wieking, Clerk By: Brenda Tolbert, Deputy Clerk 3

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