Unterleitner v. BASF Catalysts LLC et al

Filing 16

ORDER re: Stipulation to Shorten Time on Plaintiff's Motion to Remand. Hearing on Motion to Remand set for 3/3/2016 10:30 AM in Courtroom F, 15th Floor, San Francisco. Defendant's response and consent to or declination of magistrate judge jurisdiction due by 3/1/2016 at noon. Plaintiff's reply due by 3/2/2016 at noon. Signed by Judge Jacqueline Scott Corley on February 26, 2016. (jsclc1, COURT STAFF) (Filed on 2/26/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROLF UNTERLEITNER,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 16-cv-00818-JSC

v.
BASF CATALYSTS LLC, et al.,
Defendants.

ORDER RE: STIPULATION TO
SHORTEN TIME ON HEARING
PLAINTIFF’S MOTION TO REMAND
Re: Dkt. No. 15

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Plaintiff Rolf Unterleitner (“Plaintiff”) filed this asbestos litigation action against a number

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of Defendants, including Defendant O’Reilly Auto Enterprises, LLC (f/k/a CSK Auto, Inc.)

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(“O’Reilly”), in Alameda County Superior Court. (See Dkt. No. 1-1.) O’Reilly, claiming that it is

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the only remaining defendant and that the parties are diverse, removed the case to federal court on

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February 18, 2016. (Dkt. No. 1.) Now pending before the Court is Plaintiff’s motion to remand,

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which is set for hearing on March 31, 2016. (Dkt. No. 14.) Plaintiff and O’Reilly have since filed

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a stipulation to shorten the time for hearing the motion to remand, in which they agree to a

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condensed briefing schedule followed by a hearing next week, on March 3, 2016. (Dkt. No. 15 at

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2-3.) Plaintiff and O’Reilly did not provide any reason for changing the briefing and hearing

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schedule in their stipulation. However, Plaintiff’s motion to remand indicates that the matter was

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set for trial as a “preference” case in state court on February 16, 2016 due to the seriousness of

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Plaintiff’s illness and the expectation that he would not survive for six months beyond the date on

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which he requested the preferential trial setting. (Dkt. No. 14 at 7 (record citations omitted).)

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The Court therefore enters the parties’ stipulation to shorten the time on Plaintiff’s motion to

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remand. The motion is set for hearing on March 3, 2016 at 10:30 a.m., with O’Reilly’s

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opposition due March 1, 2016 at noon, and Plaintiff’s Reply due March 2, 2016 at noon.

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While Plaintiff has consented to the jurisdiction of the undersigned magistrate judge (see

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Dkt. No. 14-7), O’Reilly has not filed a consent or declination, so the Court cannot finally decide

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Plaintiff’s motion for remand. Accordingly, O’Reilly must file a consent to or declination of the

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jurisdiction of a magistrate judge along with its opposition to the motion to remand.

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IT IS SO ORDERED.
Dated: February 26, 2016

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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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