GMAC Mortgage LLC v. Lopez

Filing 4

ORDER Directing Parties to File Consent/Declination. Signed by Chief Magistrate Judge MARIA-ELENA JAMES on 11/16/11. (bjtS, COURT STAFF) (Filed on 11/16/2011)

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1 2 3 UNITED STATES DISTRICT COURT 4 Northern District of California 5 6 GMAC MORTGAGE LLC, Plaintiff(s), 7 v. 8 No. C-11-5475 MEJ ORDER DIRECTING PARTIES TO FILE CONSENT/DECLINATION FORM MIGUEL LOPEZ, 9 10 Defendant(s). _____________________________________/ 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 Pending before the Court is Motion to Dismiss for Lack of Jurisdiction filed by Social 13 Security Administration. Upon review of the record in this action, the Court notes that the 14 Consent/Declination to Proceed Before a United States Magistrate has not been filed . This civil 15 case was randomly assigned to the undersigned magistrate judge for all purposes including trial. In 16 accordance with 28 U.S.C. § 636(c), the magistrate judges of this district court are designated to 17 conduct any and all proceedings in a civil case, including trial and entry of final judgment, upon the 18 consent of the parties. An appeal from a judgment entered by a magistrate judge may be taken 19 directly to the United States Court of Appeals for the Ninth Circuit in the same manner as an appeal 20 from any other judgment of a district court. 21 You have the right to have your case assigned to a United States District Judge for trial and 22 disposition. Accordingly, the parties shall inform the Court, by way of the enclosed form, whether 23 they consent to magistrate judge jurisdiction or requests reassignment to a United States District 24 Judge for trial. The consent/declination form shall be filed by November 30, 2011. 25 26 27 28 IT IS SO ORDERED. Dated: November 16, 2011 _______________________________ Maria-Elena James Chief United States Magistrate Judge 1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 GMAC MORTGAGE LLC, 4 Case Number: C-11-5475 MEJ 5 6 7 8 Plaintiff(s), CONSENT TO PROCEED BEFORE A MAGISTRATE JUDGE vs. MIGUEL LOPEZ, 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 UNITED STATES DISTRICT COURT 2 FOR THE 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 6 GMAC MORTGAGE LLC, 7 8 9 Case Number: C-11-5475 MEJ Plaintiff, CERTIFICATE OF SERVICE v. MIGUEL LOPEZ, 10 Defendant. 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 14 15 / 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 November 16, 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. 16 17 18 19 Dated: November 16, 2011 Richard W. Wieking, Clerk 20 By: Brenda Tolbert, Deputy Clerk 21 22 23 24 Miguel Lopez 1900 Dailey Court Dixon, CA 95620 25 26 27 28 3

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