Lowery et al v. City and and County of Santa Clara et al

Filing 10

ORDER Continuing Case Management Conference and Re-Setting Deadline for Plaintiffs' Consent or Declination. Plaintiffs' consent or declination to proceed before a magistrate judge due by 4/2/2010. Plaintiffs' case management statement due by 4/6/2010. Initial case management conference continued to 4/13/2010, 1:30 PM. Signed by Magistrate Judge Howard R. Lloyd on 3/29/2010. (hrllc2, COURT STAFF) (Filed on 3/29/2010)

1 2 3 4 5 6 7 8 9 10 NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION KEVIN LOWERY, MATTHEW LOWERY, SALLY LOWERY, Plaintiffs, v. CITY AND COUNTY OF SANTA CLARA, OFFICER KIET NGUYEN, OFFICER RICHARD HOUSMAN, Defendants. / No. C09-05832 HRL ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND RE-SETTING DEADLINE FOR PLAINTIFFS' CONSENT OR DECLINATION *E-FILED 03-29-2010*

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

This matter is set for an initial case management conference on March 30, 2010. Pursuant to Civil Local Rule 73-1, no later than March 23, 2010, each party was required to file either a written consent to proceed before a magistrate judge or a request for reassignment to a United States District Court judge. Plaintiffs are free to choose to consent or to request reassignment as they see fit. Nevertheless, they have failed to comply with Civil Local Rule 73-1; and, the court's prior reminders for them to do so have gone unheeded. According to defendants, plaintiffs have also failed to participate in the preparation of a joint case management statement. Accordingly, the initial case management conference is continued to April 13, 2010, 1:30 p.m. No later than April 2, 2010, plaintiffs shall file either a (1) Consent to Proceed

1 2 3 4 5 6 7 8 9 10

Before a United States Magistrate Judge or (2) Declination to Proceed Before a Magistrate Judge and Request for Reassignment to a United States District Judge. The forms are available from the Clerk's Office and on the court's website (www.cand.uscourts.gov). No later than April 6, 2010, plaintiffs shall file their separate case management statement. Plaintiffs are advised that the failure to comply with this order may result in the imposition of sanctions. SO ORDERED. Dated: March 29, 2010 HOWARD R. LLOYD

UNITED STATES MAGISTRATE JUDGE

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

1 2 3 4 5 6 7 8 9 10

5:09-cv-05832-HRL Notice has been electronically mailed to: Michael C. Serverian [e-mail], [e-mail] [e-mail]

Orestes Alexander Cross

Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program.

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3