Rieger v. American Express Company

Filing 11

SECOND ORDER DIRECTING PLAINTIFF TO FILE CONSENT/DECLINATION. Signed by Judge Maria-Elena James on 10/19/2012. (cdnS, COURT STAFF) (Filed on 10/19/2011)

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1 2 UNITED STATES DISTRICT COURT 3 Northern District of California 4 5 SCOTT RIEGER 6 No. C 11-04202 MEJ Plaintiff(s), v. 7 SECOND ORDER DIRECTING PLAINTIFF TO FILE CONSENT/DECLINATION FORM AMERICAN EXPRESS 8 9 Defendant(s). _____________________________________/ 10 On September 23, 2011, the Court ordered the parties to file a written consent to magistrate 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 judge jurisdiction. Plaintiff Scott Rieger has failed to comply. This civil case was randomly 13 assigned to the undersigned magistrate judge for all purposes including trial. In accordance with 28 14 U.S.C. § 636(c), the magistrate judges of this district court are designated to conduct any and all 15 proceedings in a civil case, including trial and entry of final judgment, upon the consent of the 16 parties. An appeal from a judgment entered by a magistrate judge may be taken directly to the 17 United States Court of Appeals for the Ninth Circuit in the same manner as an appeal from any other 18 judgment of a district court. 19 You have the right to have your case assigned to a United States District Judge for trial and 20 disposition. Accordingly, Plaintiff Scott Rieger shall inform the Court, by way of the enclosed form, 21 whether he consents to magistrate judge jurisdiction or requests reassignment to a United States 22 District Judge for trial. The consent/declination form shall be filed by October 27, 2011. Failure to 23 comply with this Order may result in the imposition of sanctions. 24 25 26 27 28 IT IS SO ORDERED. Dated: October 19, 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 11-04202 MEJ SCOTT RIEGER 5 Plaintiff(s), vs. AMERICAN EXPRESS Defendant(s). 9 / 10 CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 In accordance with the provisions of 28 U.S.C. § 636(c), the undersigned party hereby 13 consents to have a United States Magistrate Judge conduct any and all further proceedings in this 14 case, including trial, and order the entry of final judgment, and voluntarily waives the right to 15 proceed before a United States District Judge. 16 17 Dated:_________________________ Signed by:____________________________ 18 Counsel for:__________________________ 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 25 Dated:___________________________ Signed by:____________________________ 26 Counsel for:__________________________ 27 28 2 1 2 UNITED STATES DISTRICT COURT 3 FOR THE 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 SCOTT RIEGER 8 9 10 CERTIFICATE OF SERVICE Plaintiff, v. AMERICAN EXPRESS Defendant. / 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 Case Number: 11-04202 MEJ 13 14 15 16 17 18 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 October 19, 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. Scott Rieger 2697 Parkside Drive Fremont, CA 94536 19 20 21 Dated: October 19, 2011 Richard W. Wieking, Clerk By: Brenda Tolbert, Deputy Clerk 22 23 24 25 26 27 28 3

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