Tokyo Electron Limited v. Spansion, Inc.

Filing 7

ORDER FOR REASSIGNMENT TO A DISTRICT COURT JUDGE re 5 Ex Parte Application filed by Tokyo Electron Limited. Signed by Judge Patricia V. Trumbull on February 5, 2009. (pvtlc2, COURT STAFF) (Filed on 2/5/2009)

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 ) ) Plaintiffs, ) ) v. ) ) SPANSION, INC., ) ) Defendants. ) ___________________________________ ) TOKYO ELECTRON LIMITED, Case No.: C 09-00502 PVT ORDER FOR REASSIGNMENT TO A DISTRICT COURT JUDGE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

On February 5, 2009, plaintiff Tokyo Electron Limited applied ex parte for a right to attach order pursuant to Rule 64 and California Code of Civil Procedure Sections 483.010, 485.010 and 485.219 and noticed a hearing for February 10, 2009. ("Tokyo Electron"). Plaintiff Tokyo Electron has consented to the jurisdiction of a U.S. Magistrate Judge. Defendant Spansion, Inc. has not appeared and therefore, has not yet consented. ("Spansion"). "[A] judge may designate a magistrate judge to hear and determine any pretrial matter pending before the court, except a motion for injunctive relief . . . ." 28 U.S.C. § 636(b)(1)(A). "Upon consent of the parties, a full-time United States magistrate judge . . . may conduct any or all proceedings in a jury or nonjury civil matter and order the entry of judgment in the case, when specially designated to exercise such jurisdiction by the district court or courts he serves." 28 ORDER, page 1

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U.S.C. § 636(c)(1). In light of the nature of the relief sought by plaintiff Tokyo Electron and absent consent of defendant Spansion, the court is without jurisdiction to proceed on the application. Accordingly, the above-captioned action shall be reassigned to a district court judge. IT IS SO ORDERED. Dated: February 5, 2009 PATRICIA V. TRUMBULL United States Magistrate Judge

ORDER, page 2