Diamond Real Estate et al v. American Brokers Conduit et al

Filing 17

ORDER REGARDING 1) CONSENT OR DECLINATION TO PROCEED BEFORE A MAGISTRATE JUDGE, 2) SERVICE, AND 3) BRIEFING SCHEDULE. Signed by Magistrate Judge Laurel Beeler on 8/4/2016. (lsS, COURT STAFF) (Filed on 8/4/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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San Francisco Division

United States District Court
Northern District of California

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DIAMOND REAL ESTATE, et al.,

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Case No. 16-cv-03937-LB

Plaintiffs,

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v.

AMERICAN BROKERS CONDUIT, et al.,
Defendants.

ORDER REGARDING 1) CONSENT OR
DECLINATION TO PROCEED
BEFORE A MAGISTRATE JUDGE, 2)
SERVICE, AND 3) BRIEFING
SCHEDULE

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There are three outstanding issues: 1) the issue of consent or declination, 2) the issue of service
on American Brokers Conduit, and 3) the plaintiffs’ opposition to the pending motion to dismiss.

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1. Consent or Declination

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This case was assigned under General Order 44 to Magistrate Judge Laurel Beeler to conduct

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all proceedings and to order the entry of final judgment upon the consent of all parties. There is a

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pending motion to dismiss. (See ECF No. 7.) The court cannot rule on the motion unless all parties

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file a signed consent. The court asks the plaintiffs to file and signed the attached “Consent or

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Declination to Magistrate Judge Jurisdiction” by August 10, 2016. The plaintiffs are free to

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withhold consent without substantive consequences. If parties do not consent, the case will be

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randomly assigned to a district judge. There is a description of consenting to or declining

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magistrate-judge jurisdiction on pages 14 and 15 (Chapter 6) of the handbook that the court sent to

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the plaintiffs. All parties must make that choice by filling out the attached form and either consent

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to or decline magistrate-judge jurisdiction.

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2. Status of American Brokers Conduit
The only defendant who has not appeared is American Brokers Conduit. The defendants’

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counsel filed an update saying that his internet researched revealed that the company filed for

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bankruptcy in 2010 and went out of business. (See ECF No. 15.) When the plaintiffs submit their

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consent/declination form, the court asks them to submit an update on whether they served or

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intend to serve American Brokers Conduit. The court advises the plaintiffs that they can dismiss

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that defendant without prejudice. Also, generally, if a plaintiff does not serve a defendant in 90

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United States District Court
Northern District of California

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days, and does not establish good cause for failing to do so, the court can dismiss that defendant

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from the case without prejudice. See Fed. R. Civ. P. 4(m).

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3. Briefing Schedule
The plaintiffs’ opposition to the motion to dismiss was due on August 3, 2016. The court did
not receive a copy. The court extends the deadline to file an opposition until August 10, 2016.

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IT IS SO ORDERED.

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Dated: August 4, 2016

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______________________________________
LAUREL BEELER
United States Magistrate Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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DIAMOND REAL ESTATE, et al.,

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Case No. 16-cv-03937-LB

Plaintiffs.

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v.

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CONSENT OR DECLINATION
TO MAGISTRATE JUDGE
JURISDICTION

AMERICAN BROKERS CONDUIT, et al.,

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Defendants.

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United States District Court
Northern District of California

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INSTRUCTIONS: Please indicate below by checking one of the two boxes whether you (if you are the party)
or the party you represent (if you are an attorney in the case) choose(s) to consent or decline magistrate judge
jurisdiction in this matter. Sign this form below your selection.

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(

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) Consent to Magistrate Judge Jurisdiction
In accordance with the provisions of 28 U.S.C. § 636(c), I voluntarily consent to have a
United States magistrate judge conduct all further proceedings in this case, including trial and
entry of final judgment. I understand that appeal from the judgment shall be taken directly to the
United States Court of Appeals for the Ninth Circuit.

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OR
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Decline Magistrate Judge Jurisdiction
In accordance with the provisions of 28 U.S.C. § 636(c), I decline to have a United States
magistrate judge conduct all further proceedings in this case and I hereby request that this case be
reassigned to a United States district judge.
DATE:

_______________________

NAME:
COUNSEL FOR
(OR “PRO SE”):

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Signature

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DIAMOND REAL ESTATE, et al.,

Case No. 3:16-cv-03937-LB

Plaintiffs,
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v.

CERTIFICATE OF SERVICE

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AMERICAN BROKERS CONDUIT, et al.,
Defendants.

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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.

United States District Court
Northern District of California

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That on August 4, 2016, 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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Diamond Real Estate
28470 Rochelle Ave
Hayward, CA 94544-5452
Editha Palancia
28470 Rochelle Ave.
Hayward, CA 94544-5452
Porfirio P. Jorque
28470 Rochelle Ave
Hayward, CA 94544-5452
Dated: August 4, 2016
Susan Y. Soong
Clerk, United States District Court

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By:________________________
Lashanda Scott, Deputy Clerk to the
Honorable LAUREL BEELER
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