Pastor et al v. New Century Mortgage Coproration et al

Filing 10

ORDER DISMISSING CASE, ***Civil Case Terminated. Signed by Magistrate Judge Donna M. Ryu on 6/28/2012. (dmrlc2, COURT STAFF) (Filed on 6/28/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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RUBEN PASTOR,

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Plaintiff(s),

No. C 12-01253 DMR
ORDER DISMISSING CASE

v.

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NEW CENTURY MORTGAGE CORP,

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Defendant(s).
___________________________________/

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On March 13, 2012, Plaintiffs, proceeding pro se, filed this action. [See Docket No. 1.] The

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complaint is virtually incomprehensible. [See Docket No. 1.] Plaintiffs failed to file a case

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management conference statement that was due on June 20, 2012. On June 27, 2012, Plaintiffs

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failed to appear at the initial case management conference. There is no indication in the record that

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Plaintiffs served the complaint. As a result, Defendants also did not make an appearance at the

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conference. [See Docket No. 9.]

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In cases such as this one, where the plaintiffs have consented [Docket No. 5] but not served

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the defendants, “all parties have consented pursuant to 28 U.S.C. § 636(c)(1),” and a magistrate

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judge therefore “‘may conduct any or all proceedings in a jury or nonjury civil matter and order the

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entry of judgment in the case.’” Gaddy v. McDonald, No. 11-CV-8271, 2011 WL 5515505, at *1

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n.2 (C.D. Cal. Nov. 9, 2011) (not reported in F. Supp. 2d) (quoting § 636(c)(1)) (citing United States

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v. Real Prop., 135 F.3d 1312, 1317 (9th Cir. 1998)); Third World Media, LLC v. Doe, No. C-10-

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4470-LB, 2011 WL 4344160, at *3 (N.D. Cal. Sept. 15, 2011)).

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In light of the foregoing, this court hereby DISMISSES this action for lack of subject-matter

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jurisdiction, for failure to prosecute, and for failure to file a case management conference statement

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and appear at the regularly scheduled case management conference.

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Dated: June 28, 2012

NO

M. Ryu

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For the Northern District of California

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Judge D

DONNA M. RYU
United States Magistrate Judge

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United States District Court

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