Hoyt et al v. Ocwen Loan Servicing, LLC et al

Filing 14

ORDER DENYING PLAINTIFF RAYMOND HOYT'S REQUEST FOR REASSIGNMENT TO DISTRICT COURT JUDGE; ORDER SETTING DEADLINE FOR PLAINTIFFS TO CONTACT ADR DEPARTMENT RE: ASSESSMENT CONFERENCE. PLAINTIFFS ARE ADVISED THIS CASE MAY BE DISMISSED FOR FAILURE TO PROSECUTE IF THEY DO NOT CONTACT THE ADR DEPARTMENT BY 12/16/2015. Signed by Judge Maria-Elena James on 12/9/2015. (cdnS, COURT STAFF) (Filed on 12/9/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RAYMOND L. HOYT, et al.,

Case No. 15-cv-05422-MEJ

Plaintiffs,
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ORDER RE: CONSENT FROM
PLAINTIFF RAYMOND L. HOYT

v.
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OCWEN LOAN SERVICING, LLC, et al.,
Defendants.

REMINDER RE: ORDER REFERRING
CASE TO ADR UNIT

United States District Court
Northern District of California

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A.

Consent to Magistrate Judge Jurisdiction
On November 27, 2015, Plaintiff Raymond L. Hoyt, who appears pro se in this matter,

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filed a Consent to Magistrate Judge Jurisdiction. Dkt. No. 6. However, he subsequently filed a

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request for reassignment on December 4, 2015. Dkt. No. 11.

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In accordance with 28 U.S.C. § 636(c)(1), the magistrate judges of this District are

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designated to conduct all proceedings in a civil case upon the consent of the parties. All parties

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have the right to have their case assigned to a United States District Judge for trial and disposition,

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and they are free to withhold consent without adverse substantive consequences. Id. § 636(c)(2).

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However, once consent is granted, there is no absolute right to withdraw consent to jurisdiction

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before a magistrate judge. See United States v. Neville, 985 F.2d 992 (9th Cir. 1993). In ruling on

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a motion to withdraw consent, courts consider factors including timeliness, whether granting the

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motion would unduly interfere with or delay the proceedings, the burdens and costs to litigants,

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and whether consent was voluntary and uncoerced. Id. at 1000.

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Mr. Hoyt’s attempted withdrawal of consent is not accompanied by any explanation of the

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grounds for withdrawal. Further, there is no indication in the record that Mr. Hoyt’s consent was

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coerced as he filed it two days after filing his Complaint. Accordingly, the Court finds there is no

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good cause or extraordinary circumstances justifying the withdrawal of consent. Therefore, Mr.

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Hoyt’s request to withdraw his consent to proceed before a magistrate judge is DENIED.

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B.

ADR Department Referral
The Court reminds Plaintiffs that it previously vacated all pending deadlines in this case

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and referred the parties to the ADR Department for a telephone conference to assess the case’s

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suitability for mediation or a settlement conference. Dkt. No. 9. The Court did so based on Mr.

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Hoyt’s “Request to Expedite Decision on Indigency,” in which he stated the foreclosure sale of

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Plaintiffs’ residence was scheduled for December 7, 2015. Dkt. No. 7. However, since the

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referral, the ADR Department has tried multiple times to contact Plaintiffs, to no avail.
Accordingly, the Court ORDERS Plaintiffs to call the ADR Department at [phone] by

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United States District Court
Northern District of California

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December 16, 2015. Plaintiffs are advised that their failure to contact the ADR Department by

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December 16 may result in the dismissal of their case pursuant to Federal Rule of Civil Procedure

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41(b).

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IT IS SO ORDERED.

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Dated: December 9, 2015
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RAYMOND L. HOYT, et al.,

Case No. 15-cv-05422-MEJ

Plaintiffs,
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v.

CERTIFICATE OF SERVICE

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OCWEN LOAN SERVICING, LLC, et al.,
Defendants.

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United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on December 9, 2015, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Marjorie A. Hoyt
Raymond L. Hoyt
162 Oakridge Drive
Danville CA 94506

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Dated: December 9, 2015
Richard W. Wieking
Clerk, United States District Court

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By: ___________________________
Chris Nathan, Deputy Clerk to the
Honorable MARIA-ELENA JAMES

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