Kennedy v. Wachovia Mortgage et al

Filing 8

ORDER DIRECTING PARTIES TO FILE CONSENT/DECLINATION. Signed by Judge Maria-Elena James on 4/5/2011. (cdnS, COURT STAFF) (Filed on 4/5/2011)

Kennedy v. Wachovia Mortgage et al

Doc. 8

1 2 3 4 5 v. 6 WILLIAM KENNEDY

UNITED STATES DISTRICT COURT Northern District of California
No. C 11-01357 MEJ ORDER DIRECTING PARTIES TO FILE CONSENT/DECLINATION FORM

Plaintiff(s), WACHOVIA MORTGAGE

7 8 9 10 11 UNITED STATES DISTRICT COURT 12
For the Northern District of California

Defendant(s). _____________________________________/

Pending before the Court is Defendant's motion to dismiss. Upon review of the record in this action, the Court notes that the parties have not filed written consents to Magistrate Judge James' jurisdiction. This civil case was randomly assigned to Magistrate Judge James for all purposes including trial. 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, the parties shall inform the court, by way of the enclosed form (or the form on the Court's website), whether they consent to Magistrate Judge James' jurisdiction or request reassignment to a United States District Judge for trial. The parties shall inform the Court of their decision by April 28, 2011. IT IS SO ORDERED.

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Dated: April 5, 2011 _______________________________ Maria-Elena James Chief United States Magistrate Judge

Dockets.Justia.com

1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12
For the Northern District of California

WILLIAM KENNEDY Plaintiff(s), vs. WACHOVIA MORTGAGE Defendant(s). /

No. C 11-01357 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:_____________________________

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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: ____________________________

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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 FOR THE NORTHERN DISTRICT OF CALIFORNIA

WILLIAM KENNEDY Plaintiff, v. WACHOVIA MORTGAGE Defendant. /

Case Number: 11-01357 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 April 5, 2011, 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. William Kennedy 55 Fair Oaks Street San Francisco, CA 94110

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Dated: April 5, 2011 Richard W. Wieking, Clerk By: Brenda Tolbert, Deputy Clerk

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