Perry v. T.D. Service Company et al

Filing 13

ORDER Continuing Hearing; and Setting New Deadline for Plaintiff 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." Hearing continued to 11/17/09. Signed by Judge Patricia V. Trumbull on 10/21/09. (pvtlc1) (Filed on 10/21/2009)

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. Magistrate Judges have authority to hear dispositive motions, such as the motion to strike and dismiss filed by Plaintiff, only in cases where all parties have consented to Magistrate Judge jurisdiction. See 28 U.S.C. § 636(c)(1). OR D E R, page 1
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

RICK PERRY,

) ) Plaintiff, ) ) v. ) ) T.D. SERVICE COMPANY, et al., ) ) Defendants. ) ___________________________________ )

Case No.: C 09-3767 PVT ORDER CONTINUING HEARING; AND SETTIN G NEW DEADLINE FOR PLAINTIFF T O FILE EITHER A " CO N SE N T TO PR O C E E D BEFORE A UNITED STATES MA G IST RA T E JUDGE," OR ELSE A " DE C L IN A T IO N TO PROCEED BEFORE A UN IT E D STATES MAGISTRATE JUDGE AND RE Q U E ST FOR REASSIGNMENT"

On August 24, 2009, Defendants AHMSI Default Services, Inc. and Wells Fargo Bank, N.A. (the "AHMSI Defendants") filed a motion to dismiss.1 Pursuant to Civil Local Rule 73-1(a)(2), no later than five court days after that motion was filed each party was required to file either a written consent to the jurisdiction of the magistrate judge, or request reassignment to a district judge.2 The AHMSI Defendants have filed a consent to magistrate judge jurisdiction, however Plaintiff has not yet filed either form. (None of the other Defendants have yet made any appearance.) Therefore, based on the file herein,

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IT IS HEREBY ORDERED that no later than October 27, 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." Both forms are available 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 Defendants' motion to dismiss and motion to expunge is CONTINUED to November 17, 2009. Dated: 10/21/09 PATRICIA V. TRUMBULL United States Magistrate Judge

OR D E R, page 2