Padayachi v. IndyMac Bank et al

Filing 9

ORDER Extending Schedule for Motion to Dismiss; and Extending Deadline for Parties to File Either a "Consent to Proceed Before a United States Magistrate Judge," or a "Declination to Proceed Before a United States Magistrate Judge and Request for Reassignment." Signed by Judge Patricia V. Trumbull on 1/20/10. (pvtlc1) (Filed on 1/20/2010)

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 A copy of the court's Civil Local Rules are available from the clerk of the court, or from the "Rules" section of the court's website (www.cand.uscourts.gov). Magistrate Judges have authority to hear dispositive motions, such as the motion to dismiss, 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 YASISH MOGAM PADAYACHI, ) ) Plaintiff, ) ) v. ) ) INDYMAC BANK, et al., ) ) Defendants. ) ___________________________________ ) Case No.: C 09-5545 PVT ORDER EXTENDING SCHEDULE FOR MO TIO N TO DISMISS; AND EXTENDING DEA D LIN E FOR PARTIES TO FILE EITHER A "CO N SEN T TO PROCEED BEFORE A UN ITED STATES MAGISTRATE JUDGE," OR A "DECLINATION TO PROCEED BEFORE A UN ITED STATES MAGISTRATE JUDGE AND REQ U EST FOR REASSIGNMENT"

On December 14, 2009, Defendant One West Bank filed a Motion to Dismiss. Pursuant to Civil Local Rule 73-1(a)(2),1 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 Only Defendant One West Bank has done so. Therefore, based on the file herein, IT IS HEREBY ORDERED that the hearing on Defendant One West Bank's Motion to Dismiss is CONTINUED to February 23, 2010, at 10:00 a.m. in Courtroom 5 of this court. IT IS FURTHER ORDERED that the deadline for the parties to file either a "Consent to

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Proceed Before a United States Magistrate Judge," or else a "Declination to Proceed Before a United States Magistrate Judge and Request for Reassignment," is extended to February 9, 2010. Both forms are available from the clerk of the court, or from the "Forms" section of the court's website (www.cand.uscourts.gov). IT IS FURTHER ORDERED that the deadline for Plaintiff to file a written opposition to the motion to dismiss his complaint is extended to February 9, 2010.3 Plaintiff can find information about responding to a motion in the court's Handbook for Litigants Without a Lawyer, which is available from the clerk of the court, or by clicking on the "Pro Se Handbook" link in the list on the right-hand side of the court's website. IT IS FURTHER ORDERED that Defendant One West Bank may file reply papers no later than February 16, 2010. Dated: 1/19/2010 PATRICIA V. TRUMBULL United States Magistrate Judge

Plaintiff has not yet filed any written opposition to the motion. See CIV.L.R. 7-3(a) ("Any opposition to a motion must be served and filed not less than 21 days before the hearing date."). Because Plaintiff is pro se, the court finds it appropriate to extend the deadline for filing the opposition. See, Draper v. Coombs, 792 F.2d 915, 924 (9th Cir. 1986) (Under Ninth Circuit case law, pro se litigants are treated with "great leniency" when evaluating compliance with "the technical rules of civil procedure"). ORDER, page 2

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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 1/20/10 to: Counsel automatically notified of this filing via the court's Electronic Case Filing system.

Yasish Mogam Padayachi 27204 Lemay Way Hayward, CA 94544