Cortez v. New Century Mortgage Corporation et al

Filing 9

ORDER VACATING HEARING PENDING CONSENT TO JURISDICTION OF MAGISTRATE JUDGE. Previously-noticed hearing date of 12/2/2010 re 6 MOTION to Dismiss for Failure to State a Claim for Relief or, in the Alternative, MOTION for More Definite Statement and/or MOTION to Strike Portions of the Complaint filed by Defendant Saxon Mortgage Services, Inc., has been VACATED, pending signed consents from all parties. Signed by Magistrate Judge Donna M. Ryu on 10/22/2010. (dmrlc2, COURT STAFF) (Filed on 10/22/2010)

Cortez v. New Century Mortgage Corporation et al

Doc. 9

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On October 21, 2010, Defendant Saxon Mortgage Services, Inc. ("Saxon"), filed a Motion to Dismiss for Failure to State a Claim or, in the Alternative, for a More Definite Statement and/or to Strike Portions of the Complaint ("Motion to Dismiss"), pursuant to Federal Rule of Civil Procedure 12. See Docket No. 6. Defendant Saxon noticed a hearing on the Motion to Dismiss for December 2, 2010 at 11:00 a.m. Pursuant to 28 U.S.C. § 636(c), a signed consent to the jurisdiction of the Magistrate Judge must be filed by each party before consideration of any dispositive motion. All parties in the abovecaptioned case have not filed a signed consent to proceed before a Magistrate Judge. Accordingly, the hearing on Defendant Saxon's Motion to Dismiss set for December 2, 2010 at 11:00 a.m. is hereby VACATED. Upon the filing of signed consents by all parties to the action, the Court will issue an order resetting the hearing. If a declination is filed, the case will be immediately reassigned to an Article III District Judge. IT IS SO ORDERED. Dated: October 22, 2010 v. NEW CENTURY MORTGAGE CORP., et al., Defendants. / CLARISSA CORTEZ, Plaintiff, No. C-10-04631-DMR ORDER VACATING HEARING ON DEFENDANT'S MOTION TO DISMISS PENDING CONSENT TO JURISDICTION OF MAGISTRATE JUDGE IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

_______________________________ DONNA M. RYU United States Magistrate Judge
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