Reiffin v. Microsoft Corporation et al

Filing 15

ORDER DIRECTING PARTIES TO FILE CONSENT/DECLINATION. Signed by Judge Maria-Elena James on 8/17/2011. (cdnS, COURT STAFF) (Filed on 8/17/2011)

1

UNITED STATES DISTRICT COURT

2

Northern District of California

3
4

MARTIN GARDNER REIFFIN

5

Plaintiff(s),
v.

6

No. C 11-03505 MEJ
ORDER DIRECTING PARTIES TO
FILE CONSENT/DECLINATION
FORM

MICROSOFT CORP.
7
8

Defendant(s).
_____________________________________/

9
10

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

12
For the Northern District of California

UNITED STATES DISTRICT COURT

11

jurisdiction. This civil case was randomly assigned to the undersigned magistrate judge 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 a magistrate

16

judge may be taken directly to the United States Court of Appeals for the Ninth Circuit in the same

17

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 jurisdiction or request

21

reassignment to a United States District Judge for trial. The parties shall inform the Court of their

22

decision by August 31, 2011.

23

IT IS SO ORDERED.

24
25
26
27
28

Dated: August 17, 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 11-03505 MEJ

MARTIN GARDNER REIFFIN

5

Plaintiff(s),

CONSENT TO ASSIGNMENT OR
REQUEST FOR REASSIGNMENT

vs.
MICROSOFT CORP.
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

MARTIN GARDNER REIFFIN
Plaintiff,

6
7
8
9

Case Number: 11-03505 MEJ
CERTIFICATE OF SERVICE

v.
MICROSOFT CORP.
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 August 17, 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.
Martin Gardner Reiffin
47 Pheasant Run Terrace
Danville, CA 94506

17
18
19

Dated: August 17, 2011
Richard W. Wieking, Clerk
By: Brenda Tolbert, Deputy Clerk

20
21
22
23
24
25
26
27
28
3