Three Brothers Trucking, Inc. v. Exel Global Logistics Inc.

Filing 9

ORDER RE CONSENT OR REASSIGNMENT. Signed by Judge Wayne D. Brazil on 4-27-2006. (wdblc1, COURT STAFF) (Filed on 4/27/2006) Modified on 4/28/2006 (cjl, COURT STAFF).

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Case 4:06-cv-02583-WDB Document 9 Filed 04/27/2006 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 THREE BROTHERS TRUCKING, Plaintiffs, v. EXEL GLOBAL LOGISTICS, Defendants. _____________________________/ P u r s u a n t to the Court's order filed April 26, 2006, this case has been related to case n u m b e r 06-1816, and both cases now are assigned to the undersigned United States M agistrate Judge. Without the written consent of all parties to jurisdiction pursuant to 28 U . S. C . section 636(c), a Magistrate Judge may not hear and determine a motion that could b e dispositive of an action or a claim or defense. On April 14, 2006, defendant Exel Global L o g i s t ic s filed a motion to dismiss or transfer -- a potentially dispositive motion. In light of de fe nd an t's pending motion, the Court asks the parties to consider the attached "Consent to A s s i g n m e n t or Request for Reassignment," make an election, and file the consent or request for reassignment by no later than May 3, 2006. I T IS SO ORDERED. Da ted: April 2 7 , 2006 WAYNE D. BRAZIL U n i t e d States Magistrate Judge N o . C 06-2583 WDB O R D E R RE CONSENT OR R E A S SI G N M E N T U N I T E D STATES DISTRICT COURT N O R T H E RN DISTRICT OF CALIFORNIA United States District Court 12 13 For the Northern District of California 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /s/ Wayne D. Brazil 1 Case 4:06-cv-02583-WDB Document 9 Filed 04/27/2006 Page 2 of 2 1 2 3 U N I T E D STATES DISTRICT COURT 4 N O R T H E RN DISTRICT OF CALIFORNIA 5 6 7 8 9 10 11 v. E X E L GLOBAL LOGISTICS, Defendant(s). _____________________________/ C O N S EN T TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE In accordance with the provisions of Title 28, U.S.C. Section 636(c), the undersigned p a r t y or parties to the above-captioned civil matter hereby voluntarily consent to have a U n i t e d States Magistrate Judge conduct any and all further proceedings in the case, including trial, and ordering the entry of a final judgment. Appeal from the judgment shall be taken directly to the United States Court of Appeals for the Ninth Circuit. D a t e d : ________________________ _ _ _ _ _ _______________________ _ _ _ _ _ _ _ Signature Counsel for [PLAINTIFF] [DEFENDANTS] T H R E E BROTHERS TRUCKING, Plaintiff(s). C O N S E N T TO ASSIGNMENT OR R E Q U E ST FOR REASSIGNMENT N o . C 06-2583 (WDB) United States District Court 12 13 For the Northern District of California 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 R E Q U E ST FOR REASSIGNMENT TO A UNITED STATES DISTRICT JUDGE The undersigned party hereby declines to consent to the assignment of this case to a United States Magistrate Judge for trial and disposition and hereby requests the r e a s s ig n m e n t of this case to a United States District Judge. Appeal from the judgment shall be taken directly to the United States Court of Appeals for the Ninth Circuit. D a t e d : _____________________ __________________________________ Signature C o u n s e l for [PLAINTIFF] [DEFENDANTS] 1

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