Lombera v. Wells Fargo Bank, N.A. et al

Filing 13

ORDER CONTINUING the hearing on 6 Wells Fargo's motion to dismiss. The court CONTINUES the hearing on Wells Fargo's motion from March 7, 2013 to April 17, 2013 at 11:00 a.m. in Courtroom C, 15th Floor, United States District Court, 450 Golden Gate Avenue, San Francisco, California, 94102. Signed by Magistrate Judge Laurel Beeler on 3/1/2013. (lblc2, COURT STAFF) (Filed on 3/1/2013)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

Northern District of California

10

San Francisco Division
MARIA LOMBERA,

12
For the Northern District of California

UNITED STATES DISTRICT COURT

11

No. C 12-06463 LB
Plaintiff,

v.
13

ORDER CONTINUING THE
HEARING ON WELLS FARGO’S
MOTION TO DISMISS

WELLS FARGO BANK, N.A., et al.,
14
15
16

[Re: ECF No. 6]
Defendants.
_____________________________________/
Plaintiff Maria Lombera filed this action on December 20, 2013. Complaint, ECF No. 1. She

17

served defendant Wells Fargo Bank, N.A. with the complaint and summons on December 28, 2013,

18

and Wells Fargo has appeared and now moves to dismiss Ms. Lombera’s complaint. Proof of

19

Service (Wells Fargo), ECF No. 4; Motion, ECF No. 6. Ms. Lombera and Wells Fargo both

20

consented to the undersigned’s jurisdiction. Consent (Lombera), ECF No. 9; Consent (Wells Fargo),

21

ECF No. 10; see 28 U.S.C. § 636(c).1 Apparently, Ms. Lombera served defendant The Bank of New

22
23
24
25
26
27
28

1

28 U.S.C. § 636(c) provides in relevant part: “Notwithstanding any provision of law to the
contrary—(1) Upon the consent of the parties, a full-time United States magistrate judge or a
part-time United States magistrate judge who serves as a full-time judicial officer may conduct any
or all proceedings in a jury or nonjury civil matter and order the entry of judgment in the case, when
specially designated to exercise such jurisdiction by the district court or courts he serves.” If all
parties (excluding unserved defendants, see Ornelas v. De Frantz, C 00-1067 JCS, 2000 WL
973684, at *2 n.2 (N.D. Cal. June 29, 2000) (citing Neals v. Norwood, 59 F.3d 530, 532 (5th Cir.
1995))) do not consent to the undersigned’s jurisdiction, the case must be reassigned to a district
judge. See Young v. Williams, 393 Fed. Appx. 516, 517 (9th Cir. 2010) (“a magistrate judge may,
upon the consent of all parties, exercise jurisdiction over all proceedings in a civil matter”) (citing
C 12-06463 LB
ORDER

1

York (or The Bank of New York Mellon, compare Complaint, ECF No. 1 ¶ 9 with id. ¶ 17) (“BNY

2

Mellon”) with the complaint and summons on January 8, 2013, but, surprisingly, it has not appeared

3

or answered or otherwise responded to the complaint. Proof of Service (BNY Mellon), ECF No. 5.

4

In light of the failure of BNY Mellon to appear and, thus, to consent to or decline the

5

undersigned’s jurisdiction, the court CONTINUES the hearing on Wells Fargo’s motion from

6

March 7, 2013 to April 17, 2013 at 11:00 a.m. in Courtroom C, 15th Floor, United States District

7

Court, 450 Golden Gate Avenue, San Francisco, California, 94102. The court ORDERS Ms.

8

Lombera to personally serve a copy of this order on BNY Mellon no later than Monday, March 11,

9

2013.

10

Dated: March 1, 2013
_______________________________
LAUREL BEELER
United States Magistrate Judge

12
For the Northern District of California

UNITED STATES DISTRICT COURT

11

IT IS SO ORDERED.

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

28 U.S.C. § 636(c)); JPMorgan Chase Bank, N.A. v. Chavez, No. C 11–5129 PSG, 2011 WL
6760349, at *1 n.3 (N.D. Cal. Dec. 5, 2011) (“This court is ordering reassignment to a District Judge
because, absent consent of all parties, a Magistrate Judge does not have authority to make
case-dispositive rulings.” (citing 28 U.S.C. § 636(c)(1); Tripati v. Rison, 847 F.2d 548, 548–49 (9th
Cir. 1988)).
C 12-06463 LB
ORDER

2