Ortiz v. Wells Fargo Bank, National Association, Successor By Merger to Wachovia et al

Filing 7

ORDER DIRECTING PARTIES TO FILE CONSENT/DECLINATION. Signed by Judge Maria-Elena James on 5/25/2011. (mejlc1, COURT STAFF) (Filed on 5/25/2011)

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1 UNITED STATES DISTRICT COURT 2 Northern District of California 3 4 JANET ORTIZ 5 No. C 11-2401 MEJ Plaintiff, v. 6 ORDER DIRECTING PARTIES TO FILE CONSENT/DECLINATION FORM WELLS FARGO BANK, et al., 7 8 Defendants. _____________________________________/ 9 10 Pending before the Court is Defendants’ 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 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 James' jurisdiction. This civil case was randomly assigned to Magistrate Judge James for all 13 purposes including trial. In accordance with 28 U.S.C. § 636(c), the magistrate judges of this district 14 court are designated to conduct any and all proceedings in a civil case, including trial and entry of 15 final judgment, upon the consent of the parties. An appeal from a judgment entered by Magistrate 16 Judge James may be taken directly to the United States Court of Appeals for the Ninth Circuit in the 17 same manner as an appeal from any other judgment of a district court. 18 You have the right to have your case assigned to a United States District Judge for trial and 19 disposition. Accordingly, the parties shall inform the court, by way of the enclosed form (or the 20 form on the Court's website), whether they consent to Magistrate Judge James’ jurisdiction or 21 request reassignment to a United States District Judge for trial. The parties shall inform the Court of 22 their decision by June 30, 2011. 23 IT IS SO ORDERED. 24 25 26 27 28 Dated: May 25, 2011 _______________________________ Maria-Elena James Chief United States Magistrate Judge 1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 6 7 8 No. C 11-02401 MEJ JANET ORTIZ 5 Plaintiff(s), CONSENT TO ASSIGNMENT OR REQUEST FOR REASSIGNMENT vs. WELLS FARGO BANK Defendant(s). 9 / CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE 11 In accordance with the provisions of 28 U.S.C. § 636(c), the undersigned party hereby 12 For the Northern District of California UNITED STATES DISTRICT COURT 10 consents to have a United States Magistrate Judge conduct any and all further proceedings in this 13 case, including trial, and order the entry of final judgment, and voluntarily waives the right to 14 proceed before a United States District Judge. 15 16 Dated:________________________ Signed by: ____________________________ 17 Counsel for:_____________________________ 18 19 20 REQUEST FOR REASSIGNMENT TO A UNITED STATES DISTRICT JUDGE 21 The undersigned party hereby declines to consent to the assignment of this case to a United 22 States Magistrate Judge for trial and disposition and hereby requests the reassignment of this case to 23 a United States District Judge. 24 Dated: ________________________ Signed by: _____________________________ 25 26 Counsel for: ____________________________ 27 28 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 1 2 3 4 5 JANET ORTIZ Plaintiff, 6 7 8 9 Case Number: 11-02401 MEJ CERTIFICATE OF SERVICE v. WELLS FARGO BANK Defendant. / 10 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 14 15 16 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 May 25, 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. Janet Ortiz 442 31st Street Richmond, CA 94804 17 18 19 Dated: May 25, 2011 Richard W. Wieking, Clerk By: Brenda Tolbert, Deputy Clerk 20 21 22 23 24 25 26 27 28 3

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