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

Filing 38

ORDER RE: SEVERANCE OF PLAINTIFFS CLAIMS AGAINST BERTI-PRODUCE, INC. AND CONTINUANCE OF CASE MANAGEMENT CONFERENCE. Signed by Magistrate Judge Jacqueline Scott Corley on 9/24/2014. (ahm, COURT STAFF) (Filed on 9/24/2014)

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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-1096-JSC

Plaintiff,
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v.
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BERTI-PRODUCE-OAKLAND, INC., et
al.,

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United States District Court
Northern District of California

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Defendants.

ORDER RE: SEVERANCE OF
PLAINTIFF’S CLAIMS AGAINST
BERTI-PRODUCE, INC. AND
CONTINUANCE OF CASE
MANAGEMENT CONFERENCE

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Plaintiff Greenfield Fresh, Inc. and Defendants Mah and Chow have reached a full
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settlement of their claims. (Dkt. No. 32.) All of these parties have also consented to the
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jurisdiction of a magistrate judge. (Dkt. Nos. 10, 11, 35.) Although purportedly served with
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summons and the complaint, Defendant Berti-Produce, Inc. has not appeared in the action. Thus,
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Berti-Produce, Inc. has not consented to the jurisdiction of a magistrate judge. Accordingly, to
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provide the Court with jurisdiction to sign the stipulation of dismissal between Plaintiff and
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Defendants Mah and Chow, the Court ordered all appearing parties to advise the Court by
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Tuesday, September 23, 2014 whether they agreed to the severance into a separate action of
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Defendant Berti-Produce, Inc. (Dkt. No. 33.) As no party objected to the severance, Plaintiff’s
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claims against Berti-Produce, Inc. are severed from Plaintiff’s claims against Mah and Chow. The
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Court will forthwith sign the stipulation of dismissal of the claims against Defendants Mah and
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Chow.
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The Case Management Conference scheduled for September 25, 2014 is continued to
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November 20, 2014 at 1:30 p.m. to give Plaintiff the opportunity to move for entry of default
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judgment of Berti-Produce.
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IT IS SO ORDERED
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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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