HSBC Mortgage Services, Inc. -v- Carmen Osuna

Filing 8

ORDER DIRECTING DEFENDANT TO FILE CONSENT/DECLINATION FORM. Signed by Judge Beeler on 4/9/10. (lblc2, COURT STAFF) (Filed on 4/9/2010)

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1 2 3 4 5 6 7 8 9 10 11 UNITED UNITED STATES DISTRICT COURT 12 For the Northern District of California UNITED STATES DISTRICT COURT Northern District of California Oakland Division HSBC MORTGAGE SERVICES INC v. CARMEN OSUNA Defendant(s). _____________________________________/ Plaintiff(s), No. C 10-00621 LB ORDER DIRECTING DEFENDANT TO FILE CONSENT/DECLINATION FORM 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C 10-00621 Pending before the Court is Defendant's Motion for Leave to Proceed In Forma Pauperis and Plaintiff's Motion to Remand. Upon review of the record in this action, the Court notes that Defendant has not filed a written consent to Magistrate Judge Beeler's jurisdiction. On February 17, 2010, this Court ordered Defendant to file a Consent/Declination form by March 1, 2010. (Dkt. #4.) Defendant has yet to file a consent or declination to this Court's jurisdiction in accordance with that order. This civil case was randomly assigned to Magistrate Judge Beeler for all purposes including trial. In accordance with 28 U.S.C. 636(c), the magistrate judges of this district court are designated to conduct any and all proceedings in a civil case, including trial and entry of final judgment, upon the consent of the parties. An appeal from a judgment entered by Magistrate Judge 1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 For the Northern District of California Beeler may be taken directly to the United States Court of Appeals for the Ninth Circuit in the same manner as an appeal from any other judgment of a district court. You have the right to have your case assigned to a United States District Judge for trial and disposition. Accordingly, Defendant shall inform the Court whether Defendant consents to Magistrate Judge Beeler's jurisdiction or request reassignment to a United States District Judge for trial. The consent/declination form shall be filed by April 16, 2010. IT IS SO ORDERED. Dated: April 9, 2010 _______________________________ LAUREL BEELER United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C 10-00621 2 1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 For the Northern District of California UNITED STATES DISTRICT COURT Northern District of California Oakland Division HSBC MORTGAGE SERVICES INC, Plaintiff(s), v. CARMEN OSUNA, Defendant(s). ___________________________________/ No. C 10-00621 LB CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C 10-00621 CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE In accordance with the provisions of Title 28, U.S.C. 636(c), the undersigned party hereby consents to have a United States Magistrate Judge conduct any and all further proceedings in the case, including trial, and 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. Dated: ________________________ ___________________________________ Signature Counsel for _________________________ (Plaintiff, Defendant or indicate "pro se") 3 1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 For the Northern District of California UNITED STATES DISTRICT COURT Northern District of California Oakland Division HSBC MORTGAGE SERVICES INC, Plaintiff(s), v. CARMEN OSUNA, Defendant(s). ___________________________________/ No. C 10-00621 LB DECLINATION TO PROCEED BEFORE A MAGISTRATE JUDGE AND REQUEST FOR REASSIGNMENT TO A UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C 10-00621 REQUEST 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 reassignment of this case to a United States District Judge. Dated: ________________________ Signature___________________________ Counsel for _________________________ (Plaintiff, Defendant, or indicate "pro se") 4

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