Greenfield Fresh, Inc. v. Berti Produce-Oakland, Inc. et al

Filing 33

ORDER REGARDING CONSENT FOR STIPULATION OF DISMISSAL. Signed by Magistrate Judge Jacqueline Scott Corley on 9/18/2014. (Attachments: # 1 Consent/Declination Form(ahm, COURT STAFF) (Filed on 9/18/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GREENFIELD FRESH, INC.,

Case No. 14-cv-01096-JSC

Plaintiff,
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v.

ORDER REGARDING CONSENT FOR
STIPULATION OF DISMISSAL

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BERTI PRODUCE-OAKLAND, INC., et al.,
Defendants.

United States District Court
Northern District of California

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The Court is in receipt of a stipulation of dismissal with prejudice of individual defendants

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Mah and Chow. The stipulation seeks the Court’s signature. As a Magistrate Judge, the Court

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cannot issue dispositive orders, such as stipulations of dismissal, without the consent of all parties.

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28 U.S.C. § 636(c). Plaintiff and Defendant Mah have consented to the jurisdiction of a

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magistrate judge. (Dkt. Nos. 10, 11.) Defendant Chow has not made an appearance in the case

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and thus has not consented. Accordingly, defendant Chow must sign a form consenting to the

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jurisdiction of a magistrate judge. For the parties’ convenience, the consent/declination form is

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attached.

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Defendant Berti Produce-Oakland, Inc. has not made an appearance, settled, nor filed a

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consent and its default has been entered. As it is a corporation, it can only appear in this action

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through an attorney. See D-Beam Ltd. Partnership v. Roller Derby Skates, Inc., 366 F.3d 972, 973

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(9th Cir. 2004). The Court can sever Berti-Produce Oakland, Inc. into a separate action so its

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consent is not required for issuance of the dismissal of the other parties. If Berti-Produce

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Oakland, Inc. continues not to appear and a default judgment is entered, the Court can issue the

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default judgment as a Report and Recommendation to a district court judge since presumably it

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will not have consented to magistrate judge jurisdiction.

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Accordingly, on or before Tuesday, September 23, 2014, Plaintiff and Defendant Mah—

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the parties with appearances in this action—shall advise the Court whether they agree to sever the

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claims against Berti-Produce Oakland, Inc. into a separate action to remain with this magistrate

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judge. Upon the severance and the filing (if any) of Chow’s consent to magistrate judge

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jurisdiction, the Court will sign the submitted stipulation of dismissal.

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IT IS SO ORDERED.
Dated: September 18, 2014
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JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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United States District Court
Northern District of California

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