The Central Institute for Experimental Animals -v- The Jackson Laboratory

Filing 30

ORDER re 12 that Case Be Reassigned to a District Judge. Signed by Judge Patricia V. Trumbull on 3/13/09. (pvtlc1) (Filed on 3/13/2009)

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 The holding of this court is limited to the facts and the particular circumstances underlying the present motion. OR D E R, page 1
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

THE CENTRAL INSTITUTE FOR EXPERIMENTAL ANIMALS,

) ) ) Plaintiff, ) ) v. ) ) JACKSON LABORATORY, ) ) Defendant. ) ___________________________________ )

Case No.: C 08-5568 PVT ORDER THAT CASE BE REASSIGNED TO A DISTRICT JUDGE

This case was originally assigned to Magistrate Judge Joseph C. Spero.1 On December 31, 2008, Plaintiff filed a Consent to Proceed Before a United States Magistrate Judge. On January 7, 2009, this case was reassigned to Magistrate Judge Patricia V. Trumbull (due to a recusal by Judge Spero). On January 16, 2009, Plaintiff filed a Declination to Proceed Before a Magistrate Judge and Request for Reassignment to a United States District Judge. Based on the file herein, IT IS HEREBY ORDERED that this case be reassigned to a District Judge. This court's Civil Local Rule 73-1(a) governs when parties must file consents or declinations in cases initially assigned to a Magistrate Judge. Both subsection (1) and subsection (2) of that rule refer to "written consent to the jurisdiction of the magistrate judge." See CIVIL L.R. 73-1(a)(1) & (2)

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(emphasis added). The court's use of the word "the" rather than "a" indicates that a party who consents is consenting to the specific Magistrate Judge initially assigned to the case. Thus, it appears that although Plaintiff has filed a consent to Magistrate Judge jurisdiction, it was not precluded from declining such jurisdiction and requesting reassignment to a District Judge when the case was reassigned to a different Magistrate Judge. Dated: 3/13/09 PATRICIA V. TRUMBULL United States Magistrate Judge

OR D E R, page 2

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 OR D E R, page 3 _______________________________ CORINNE LEW Courtroom Deputy Defendant's Attorney's Name, Esq. Address copies mailed on to: Counsel automatically notified of this filing via the court's Electronic Case Filing system.

Plaintiff's Attorney's Name, Esq. Address