Hernandez v. Alvarez et al

Filing 108

ORDER That Case Be Reassigned and Vacating Case Management Conference. Signed by Judge Patricia V. Trumbull on 3/9/09. (pvtlc1) (Filed on 3/10/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 There is currently a Case Management Conference set for March 24, 2009. On February 18, 2009, this court issued an order setting a deadline of March 3, 2009 for each party who has appeared in this action to file either a "Consent to Proceed Before a United States Magistrate Judge," or else a "Declination to Proceed Before a United States Magistrate Judge and Request for Reassignment." As of the date of this order, two parties who have appeared (Defendants Gloria Alvarez and Enrique Amezcua) have not filed either document. Therefore, IT IS HEREBY ORDERED that this case be reassigned to a District Judge. Absent consent of all parties, a Magistrate Judge cannot preside over a case. See 28 U.S.C. § 636. IT IS FURTHER ORDERED that the Case Management Conference is VACATED. A Case Management Conference will be scheduled to be heard by the District Judge to whom this case is reassigned. Dated: 3/9/09 PATRICIA V. TRUMBULL United States Magistrate Judge OR D E R, page 1 PATRICIA M. HERNANDEZ, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) Plaintiff, ) ) v. ) ) PATRICIA ALVAREZ, et al., ) ) Defendants. ) ___________________________________ ) Case No.: C 08-1630 PVT ORDER THAT CASE BE REASSIGNED AND VA C A TIN G CASE MANAGEMENT CO N FER E N C E

1 Counsel automatically notified of this filing via the court's Electronic Case Filing system. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 OR D E R, page 2 _______________________________ CORINNE LEW Courtroom Deputy copies mailed on to:

Gloria Alvarez 4075 Evergreen Village Sq., #160-123 San Jose, CA 95135 Enrique Amezcua 1937 Ceylon Ave. San Jose, CA 95122