Divino et al v. Lehman Brothers Bank, FSB et al

Filing 8

ORDER SETTING A DEADLINE FOR PARTIES 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." Signed by Magistrate Judge Patricia V. Trumbull on January 27, 2009. (pvtlc2, COURT STAFF) (Filed on 1/27/2009)

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 ORDER, page 1 DESIETA DIVINO, et al., UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) Plaintiffs, ) ) v. ) ) LEHMAN BROTHERS BANK, FSB, et al., ) ) Defendants. ) ___________________________________ ) Case No.: C 09-193 PVT ORDER SETTING DEADLINE FOR PARTIES 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"

On January 23, 2009, defendants Lehman Brothers Bank FSB, Aurora Loan Services LLC and Mortgage Electronic Registration Systems, Inc. filed their motion to dismiss. This case has been assigned to a Magistrate Judge. Before the court takes any action on the motion to dismiss, the court must determine whether or not all of the parties who have appeared consent to Magistrate Judge jurisdiction, or whether any of the parties request reassignment to a District Judge. Therefore, IT IS HEREBY ORDERED that no later than February 6, 2009, each party who has not already done so shall 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." Both forms are available from the clerk of the court, or from the Forms (Civil)

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section of the court's website at www.cand.uscourts.gov. Dated: January 27, 2009 PATRICIA V. TRUMBULL United States Magistrate Judge

ORDER, page 2