Bird v. KKMI Sausalito, LLC et al

Filing 91

ORDER FOR CLERK OF COURT TO REASSIGN CASE. Signed by Judge Maria-Elena James on 5/5/2016. (cdnS, COURT STAFF) (Filed on 5/5/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMES BIRD,

Case No. 14-cv-03277-MEJ

Plaintiff,
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ORDER FOR CLERK OF COURT TO
REASSIGN CASE

v.
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KEEFE KAPLAN MARITIME, INC., et al.,
Defendants.

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United States District Court
Northern District of California

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In this case for breach of contract, negligence, and breach of warranty, Plaintiff James Bird

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alleges his marine vessel sustained damage as a result of improper services performed by

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Defendants Keefe Kaplan Maritime, Inc. (“KKMI”) and Eric Koster dba J&H Marine. KKMI has

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also filed a Third-Party Complaint against Christopher Oschek, whom Bird hired to captain the

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vessel. KKMI now moves for summary judgment as to Bird’s claims against it, arguing in part

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that Oschek is at least partially at fault for any alleged damage. However, the Clerk of Court

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entered default against Mr. Oschek on November 5, 2015. The Clerk also entered default as to

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Mr. Koster on February 18, 2015. Neither Mr. Oschek nor Mr. Koster has consented to the

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jurisdiction of a magistrate judge. Thus, in accordance with 28 U.S.C. § 636(c), the undersigned

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magistrate judge may not rule on KKMI’s Motion without the consent of all parties. Accordingly,

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the Clerk of Court shall now randomly reassign this case to a United States District Judge.

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IT IS SO ORDERED.

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Dated: May 5, 2016
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MARIA-ELENA JAMES
United States Magistrate Judge