Securities And Exchange Commission v. Sabrdaran et al

Filing 26

ORDER RE: SEVERANCE. Signed by Magistrate Judge Jacqueline Scott Corley on 1/26/2015. (ahm, COURT STAFF) (Filed on 1/27/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 14-cv-04825-JSC
ORDER RE: SEVERANCE

v.
SASAN SABRDARAN, et al.,
Defendants.

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In this action, Plaintiff Securities and Exchange Commission alleges that Defendants Sasan

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Sabrdaran and Farhang Afsarpour have violated various provisions of the Securities Exchange

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Act. (Dkt. No. 1.) Plaintiff and Sabrdaran each filed a consent to proceed before the undersigned

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magistrate judge and have appeared in this case. (Dkt. Nos. 11, 12.) Sabrdaran has filed motions

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to dismiss and strike portions of the complaint. (Dkt. Nos. 21, 22.) Afsarpour, however, has not

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yet been served, filed an answer or other response to the complaint, or appeared in this action, and

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therefore has not yet consented to proceed before a magistrate judge. The Court cannot decide one

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defendant’s motion to dismiss where, as here, another defendant has not yet appeared or consented

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to the jurisdiction of a magistrate judge. See 28 U.S.C. § 636(b). The Court can, however,

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proceed over Plaintiff’s claims against Sabrdaran, including decision on the pending motions, if

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the appearing parties agree to sever Plaintiff’s claims against Afsarpour.

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Accordingly, if both appearing parties wish to sever Plaintiff’s claims against Afsarpour

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from Plaintiff’s claims against Sabrdaran, then they shall file by February 2, 2015 a stipulation to

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sever the case against Afsarpour. If both parties do not agree to severance, then by that same date

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they shall jointly file a letter informing the Court that it should reassign the action. In light of this

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order, the Case Management Conference previously set for January 29, 2015 is continued to

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February 26, 2015 at 9:00 a.m.

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IT IS SO ORDERED.

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Dated: January 26, 2015
______________________________________
JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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United States District Court
Northern District of California

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