Bergman et al v. Bank of America, N.A. et al

Filing 50

ORDER Vacating Hearing on Motions to Dismiss. The CMC set for August 5, 2013 will be held as scheduled. Signed by Judge Joseph C. Spero on July 30, 2013. (jcslc3, COURT STAFF) (Filed on 7/30/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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KURT BERGMAN, et al.,

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Plaintiffs,

Case No.: C-13-00741 JCS
ORDER VACATING HEARING ON
MOTIONS TO DISMISS

v.

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Northern District of California

United States District Court

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BANK OF AMERICA, N.A., et al.,
Defendants.

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It has come to the Court’s attention in the latest CMC statement that despite the stipulation

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joined by Plaintiffs and Defendants Bank of America, N.A., Federal Home Loan Mortgage

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Corporation, and Trustee Corps (Dkt. No. 28) one Defendant, PK Properties, LLC, has apparently

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never been served and has never consented to proceed before a United States magistrate judge. A

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magistrate judge may not resolve a motion to dismiss without consent of all parties. See 28 U.S.C. §

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636. Accordingly, the hearing on the pending Motions to Dismiss is vacated and will be rescheduled

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to a later date. The CMC currently scheduled for August 5, 2013 will be held, and the parties will

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discuss the issue noted in this Order.

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IT IS SO ORDERED.

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Dated: July 30, 2013

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_________________________________
JOSEPH C. SPERO
United States Magistrate Judge