Lowery v. City of Santa Clara et al

Filing 16

ORDER Extending Deadline for Plaintiff to Comply with Requirements of Civil Local Rule 73-1(a)(2); and Rescheduling Hearing on Defendants' Motion to Dismiss to April 14, 2009. Signed by Judge Patricia V. Trumbull on 3/18/09. (pvtlc1) (Filed on 3/18/2009)

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

KEVIN ALOYSIUS LOWERY,

) ) Plaintiff, ) ) v. ) ) CITY OF SANTA CLARA, et al, ) ) Defendants. ) ___________________________________ )

Case No.: C 09-0229 PVT OR D ER EXTENDING DEADLINE FOR PLA IN TIFF TO COMPLY WITH REQ U IRE M EN TS OF CIVIL LOCAL RULE 73-1(a)(2); AND RESC H ED U LIN G HEARING ON DE FE N D A N T S' MOTION TO DISMISS TO APR IL 14, 2009

On March 11, 2009, the court issued an order setting a deadline for the parties to comply with the requirements of Civil Local Rule 73-1(a)(2).1 Defendant City of Santa Clara has done so by filing a Consent to Proceed Before a United States Magistrate Judge. On March 13, 2009, Plaintiff filed a memorandum in which he states "First, please consider this my consent to proceed with the Case, with the same terms and conditions as that of Defense." Although that statement appears to be an attempt to consent to Magistrate Judge jurisdiction, it is not clear and does not include all of the language that is included on the court's model form of Consent to Proceed Before a United States Magistrate Judge. Because the record does not clearly reflect whether or not Plaintiff consents to Magistrate Judge jurisdiction,

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IT IS HEREBY ORDERED that, no later than March 31, 2009, Plaintiff 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." Because it appears that Plaintiff intends to consent, a copy of the consent form is attached hereto for the Plaintiff's use. If Plaintiff does not with to consent to Magistrate Judge jurisdiction, he may obtain a copy of a "Declination to Proceed Before a United States Magistrate Judge and Request for Reassignment" from the clerk of the court, or from the Forms (Civil) section of the court's website at www.cand.uscourts.gov. IT IS FURTHER ORDERED that the hearing on Defendant's motion to dismiss is continued to April 14, 2009 at 10:00 a.m. in Courtroom 5 of this court. Dated: 3/18/09 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 /s/ Donna Kirchner CORINNE LEW Courtroom Deputy for copies mailed on 3/18/09 to: Counsel automatically notified of this filing via the court's Electronic Case Filing system.

Kevin Aloysius Lowery 2081 Bohannon Drive Santa Clara, CA 95050

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 Dated: ________________________ ___________________________________ Signature
Pro Se Counsel for _________________________ (Plaintiff, Defendant or indicate "pro se") KEVIN ALOYSIUS LOWERY

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

No. C 09-0229 PVT Plaintiff(s), v.
CITY OF SANTA CLARA, et al,

CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE

Defendant(s). ___________________________________/ CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE In accordance with the provisions of Title 28, U.S.C. Section 636(c), the undersigned party hereby voluntarily consents to have a United States Magistrate Judge conduct any and all further proceedings in the case, including trial, and order the entry of a final judgment. Appeal from the judgment shall be taken directly to the United States Court of Appeals for the Ninth Circuit.