Loder et al v. World Savings Bank, N.A. et al

Filing 16

ORDER REASSIGNING CASE Signed by Magistrate Judge Lauren Laurel Beeler on 3/16/2011. (lblc2, COURT STAFF) (Filed on 3/16/2011)

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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 Northern District of California Oakland Division LAWRENCE LODER, et al., Plaintiffs, v. WORLD SAVINGS BANK, et al., No. C 11-00053 LB ORDER REASSIGNING CASE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Citations are to the Electronic Case File ("ECF") with pin cites to the electronic page number at the top of the document, not the pages at the bottom. C 11-00053 LB ORDER REASSIGNING CASE 1 Defendants. _____________________________________/ Plaintiffs Lawrence and Nancy Loder filed a complaint in this case on November 30, 2011 against Defendants World Savings Bank, N.A., Wells Fargo Bank, N.A., and 5 Star Real Estate Investments. Complaint, ECF No. 1 at 6-36.1 On January 5, 2011, World Savings and Wells Fargo removed the case from Marin County Superior Court. Notice of Removal, ECF No. 1 at 1-3. World Savings and Wells Fargo filed a motion to dismiss Plaintiffs' complaint and a motion to strike portions of Plaintiffs' complaint on January 12, 2011 and noticed the motions for March 17, 2011. Motion to Dismiss, ECF No. 4; Motion to Strike, ECF No. 5. On January 13, 2011, the court issued an order requiring the parties to file their consents or declinations to the court's jurisdiction by January 27, 2011. 1/13/11 Order, ECF No. 7. Plaintiffs, World Savings, and Wells Fargo consented to the court's jurisdiction. See ECF Nos. 9-10. Because Plaintiffs had not yet served Defendant 5 Star Real Estate Investments, the court continued oral 1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 For the Northern District of California argument on World Savings and Wells Fargo's motions to dismiss and strike. 2/11/11 Order, ECF No. 12. The court also ordered Plaintiffs to file a proof of service for 5 Star Real Estate Investments by March 31, 2011. Id. at 2. Plaintiffs served 5 Star Real Estate Investments on February 9, 2011 and filed a proof of service on February 25, 2011. Proof of Service, ECF No. 14. The deadline for 5 Star Real Estate Investments to file a responsive pleading expired on March 2, 2011. Fed. R. Civ. P. 12(a)(1). 5 Star Real Estate Investments has not yet filed a responsive pleading and has not appeared in this case. Because 5 Star Real Estate Investments has not appeared in this case, the court has been unable to procure its consent to the court's jurisdiction under 28 U.S.C. 636(c). Without complete consent of all the parties, the court may not rule on World Savings and Wells Fargo's pending motions to dismiss and strike. 28 U.S.C. 636(b)(1)(A); General Order No. 44. As a result, the court orders the clerk of the court to reassign this case to a district judge. IT IS SO ORDERED. Dated: March 16, 2011 _______________________________ LAUREL BEELER United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C 11-00053 LB ORDER REASSIGNING CASE 2

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