Smith et al v. Breakthrough International

Filing 45

CORRECTED ORDER DIRECTING DEFENDANT TO CONSENT OR DECLINE TO A MAGISTRATE BY APRIL 16 AND ORDERING PLAINTIFFS TO NOTIFY THE COURT IF THEY NO LONGER CONSENT TO A MAGISTRATE. Signed by Judge Jon S. Tigar on April 12, 2013. The title of the previous order had erroneously described Defendant's deadline to consent or decline as April 11 rather than April 16. CORRECTION OF DOCKET # 44 . (wsn, COURT STAFF) (Filed on 4/12/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GWENDOLYN WALKER SMITH, et al.,

Case No. 12-cv-01832-JST

Plaintiffs,
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v.
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BREAKTHROUGH INTERNATIONAL, et
al.,
Defendants.

United States District Court
Northern District of California

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CORRECTED ORDER DIRECTING
DEFENDANT TO CONSENT OR
DECLINE TO A MAGISTRATE BY
APRIL 16 AND ORDERING
PLAINTIFFS TO NOTIFY THE COURT
IF THEY NO LONGER CONSENT TO A
MAGISTRATE

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On July 9, 2012, Plaintiffs Gwendolyn Walker Smith and Zeus Harrison Smith

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(“Plaintiffs”) consented to proceed before a United States Magistrate Judge in this case. Dkt. Nos.

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8 & 9. In February, the Clerk of Court requested that Defendant Breakthrough International

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(“Defendant”) file a consent or declination to proceed before a Magistrate Judge, but before

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Defendant’s response was due, Magistrate Judge Spero recused himself from this case. Dkt. Nos.

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32 & 33.

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The Court hereby orders Defendant to select one of the attached forms documenting its

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consent or declination to proceed before a Magistrate Judge, and file it with the Court by April 16,

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2013. If Plaintiffs no longer consent to proceed before a Magistrate Judge, they are ordered to

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notify the Court before April 16 that they have withdrawn their consent to proceed before a

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Magistrate.

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The motion hearing currently scheduled for April 17, 2013 is VACATED. The court will

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reset the hearing, if necessary, if it appears that the case will continue to proceed before this Court.

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Plaintiff Gwendolyn Walker Smith's motion to reschedule the April 17 hearing, Dkt.
No. 43, is therefore denied as moot.
IT IS SO ORDERED.
Dated: April 12, 2013
______________________________________
JON S. TIGAR
United States District Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GWENDOLYN WALKER SMITH, et al.,

Case No. 12-cv-01832-JST

Plaintiffs,
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v.

CONSENT TO PROCEED BEFORE A
UNITED STATES MAGISTRATE
JUDGE

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BREAKTHROUGH INTERNATIONAL, et
al.,
Defendants.

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CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE

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United States District Court
Northern District of California

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In accordance with the provisions of Title 28, U.S.C. Section 636(c), the undersigned party

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in the above-captioned civil matter hereby voluntarily consents to have a United States Magistrate

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Judge conduct any and all further proceedings in the case, including trial, and order the entry of a

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final judgment. Appeal from the judgment shall be taken directly to the United States Court of

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Appeals for the Ninth Circuit.

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Dated:

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Signature

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Counsel for ___________________________
(Plaintiff, Defendant or indicate “pro se”)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GWENDOLYN WALKER SMITH, et al.,

Case No. 12-cv-01832-JST

Plaintiffs,
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v.

DECLINATION TO PROCEED
BEFORE A MAGISTRATE JUDGE

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BREAKTHROUGH INTERNATIONAL, et
al.,
Defendants.

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United States District Court
Northern District of California

DECLINATION TO PROCEED BEFORE A UNITED STATES DISTRICT JUDGE
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The undersigned party hereby declines to consent to the assignment of this case to a United States
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Magistrate Judge for trial and disposition.
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Dated:
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Signature

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Counsel for ___________________________
(Plaintiff, Defendant or indicate “pro se”)

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