Vincent v. Homes 123 Corporation et al

Filing 9

ORDER by Judge Yvonne Gonzalez Rogers denying without prejudice 8 Motion to Reassign Case. (Attachments: # 1 Certificate/Proof of Service) (fs, COURT STAFF) (Filed on 10/15/2013)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7
8
9

SHERRY MELINDA VINCENT,

10

Plaintiff,

United States District Court
Northern District of California

11

Case No.: 13-CV-4405 YGR
ORDER DENYING WITHOUT PREJUDICE
MOTION FOR REASSIGNMENT

v.

12

HOMES 123 CORPORATION, et al.,

13

Defendants.

14

This case was originally filed in the Court’s San Jose division on September 24, 2013.

15
16

(Dkt. No. 1.) The court clerk assigned the case to Magistrate Judge Paul Grewal, who hears cases

17

in San Jose. However, on October 1, 2013, Plaintiff Sherry M. Vincent filed a Declination to

18

Proceed Before a Magistrate Judge and Request for Reassignment to a United States District Judge.

19

(Dkt. No. 4.) The effect of Ms. Vincent’s signing and filing this document was to transfer the case

20

away from Magistrate Judge Grewal and have the case randomly reassigned to a District Judge at

21

any of this Court’s three locations. Ms. Vincent’s case was randomly reassigned to the undersigned

22

District Judge, who hears cases in Oakland. On October 9, 2013, Ms. Vincent sent the Court a

23

letter asking to have her case moved back to San Jose. (Dkt. No. 8.)

24

Having reviewed the correspondence, the Court construes it as a Motion for Reassignment

25

to the San Jose Division. The Court DENIES the Motion without prejudice because it was not filed

26

in compliance with the Court’s Civil Local Rules governing the presentation of papers and motions,

27

specifically, Civil Local Rules 3-4, 7-1, and 7-2.1 However, if Ms. Vincent wishes for her case to

28

1

The Civil Local Rules may be accessed for free at: http://cand.uscourts.gov/localrules/civil

1

be heard in San Jose, she may withdraw her Declination of Magistrate Judge Grewal’s jurisdiction

2

using the attached form. By consenting to Magistrate Judge Grewal’s jurisdiction, her case will be

3

transferred back to Magistrate Judge Grewal in San Jose. If and when Defendants appear in this

4

case, under the Court’s Local Rules they have the power to decline Magistrate Judge Grewal’s

5

jurisdiction, meaning Ms. Vincent’s case may be randomly reassigned again.
If Ms. Vincent has further questions regarding the assignment of her case, she may consult

6
7

the Court’s local rules, an attorney if she has access to one, or the Court’s Legal Help Center, which

8

may offer help to parties without lawyers if they make an appointment.2
This Order terminates Docket No. 8.

9

IT IS SO ORDERED.

10

United States District Court
Northern District of California

11
12

Date: October 15, 2013

13

_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2

The Court has Legal Help Centers at all three of its locations. Hours and contact information may
be found at: http://cand.uscourts.gov/proselitigants.
2