Schafler v. Bank of America Merrill Lynch

Filing 27

ORDER. Signed by Judge Hamilton on 7/25/2014. (pjhlc1, COURT STAFF) (Filed on 7/25/2014) (Additional attachment(s) added on 7/25/2014: # 1 Certificate/Proof of Service) (nahS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PEPI SCHAFLER,

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v.

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For the Northern District of California

United States District Court

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Plaintiff,

ORDER

BANK OF AMERICA MERRILL LYNCH,

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No. C 14-1879 PJH

Defendant.
_______________________________/

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Plaintiff Pepi Schafler filed the above-entitled action on April 23, 2014. After she

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declined to consent to the jurisdiction of the Magistrate Judge to whom the case was

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originally assigned, the case was randomly reassigned to the undersigned District Judge on

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May 28, 2014.

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Unhappy with this reassignment, plaintiff first filed a "motion to change judicial

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assignment," and then filed a motion for recusal. The court denied the motion for recusal

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on June 26, 2014. On July 1, 2014, defendant filed a motion to dismiss. On July 7, 2014,

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plaintiff filed a motion for reconsideration of the order denying the motion for recusal. The

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court denied that motion on July 9, 2014.

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On July 11, 2014, plaintiff filed an opposition to the motion to dismiss. On July 18,

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2014, plaintiff filed a motion for change of venue, seeking an order transferring the case to

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the Southern District of New York, pursuant to 28 U.S.C. § 1404(a). On July 22, 2014,

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defendant filed a reply in support of the motion to dismiss, noting that plaintiff's opposition

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failed to respond to any of the substantive arguments made by defendant. Defendant's

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opposition to the motion for change of venue is due on August 1, 2014.

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The court is in receipt of two documents filed by plaintiff on July 21, 2014, and July

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24, 2014 (Docs. 24 and 26), in which she asserts that she has "cut any connection to this

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court for any and all purposes and proceedings, and awaits the change of venue;" and that

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this case "has ended its life in this court" and that if the motion for change of venue is not

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granted, "there will be the next step of permanent removal from this court."

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The court will consider and rule on the motion for change of venue in due course,

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and if necessary, on the motion to dismiss. If, as it appears from the above-cited

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statements, it is plaintiff's intent to dismiss this action, she should file a notice of voluntary

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dismissal pursuant to Federal Rule of Civil Procedure 41(a), and the clerk will close the
case. Otherwise, the court is obligated to rule on the pending motions in an orderly

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For the Northern District of California

United States District Court

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fashion.

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IT IS SO ORDERED.

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Dated: July 25, 2014
______________________________
PHYLLIS J. HAMILTON
United States District Judge

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