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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 GREENFIELD FRESH, INC., Case No. 14-cv-01096-JSC Plaintiff, 8 v. ORDER REGARDING CONSENT FOR STIPULATION OF DISMISSAL 9 10 BERTI PRODUCE-OAKLAND, INC., et al., Defendants. United States District Court Northern District of California 11 12 13 The Court is in receipt of a stipulation of dismissal with prejudice of individual defendants 14 Mah and Chow. The stipulation seeks the Court’s signature. As a Magistrate Judge, the Court 15 cannot issue dispositive orders, such as stipulations of dismissal, without the consent of all parties. 16 28 U.S.C. § 636(c). Plaintiff and Defendant Mah have consented to the jurisdiction of a 17 magistrate judge. (Dkt. Nos. 10, 11.) Defendant Chow has not made an appearance in the case 18 and thus has not consented. Accordingly, defendant Chow must sign a form consenting to the 19 jurisdiction of a magistrate judge. For the parties’ convenience, the consent/declination form is 20 attached. 21 Defendant Berti Produce-Oakland, Inc. has not made an appearance, settled, nor filed a 22 consent and its default has been entered. As it is a corporation, it can only appear in this action 23 through an attorney. See D-Beam Ltd. Partnership v. Roller Derby Skates, Inc., 366 F.3d 972, 973 24 (9th Cir. 2004). The Court can sever Berti-Produce Oakland, Inc. into a separate action so its 25 consent is not required for issuance of the dismissal of the other parties. If Berti-Produce 26 Oakland, Inc. continues not to appear and a default judgment is entered, the Court can issue the 27 default judgment as a Report and Recommendation to a district court judge since presumably it 28 will not have consented to magistrate judge jurisdiction. 1 Accordingly, on or before Tuesday, September 23, 2014, Plaintiff and Defendant Mah— 2 the parties with appearances in this action—shall advise the Court whether they agree to sever the 3 claims against Berti-Produce Oakland, Inc. into a separate action to remain with this magistrate 4 judge. Upon the severance and the filing (if any) of Chow’s consent to magistrate judge 5 jurisdiction, the Court will sign the submitted stipulation of dismissal. 6 7 8 9 IT IS SO ORDERED. Dated: September 18, 2014 ______________________________________ JACQUELINE SCOTT CORLEY United States Magistrate Judge 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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