Mora v. Brennan et al

Filing 10

ORDER Continuing Hearing to May 18, 2010, and Setting Deadline for Parties 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." Signed by Judge Patricia V. Trumbull on 4/22/10. (pvtlc1) (Filed on 4/23/2010)

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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 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 2 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION BERNABE MORA, ) ) Plaintiff, ) ) v. ) ) TIMOTHY BRENNAN, M.D., et al., ) ) Defendants. ) ___________________________________ ) Case No.: C 10-1147 PVT ORDER CONTINUING HEARING TO MAY 18, 2010, AND SETTING DEADLINE FOR PA R TIES TO FILE EITHER A "CONSENT TO PR O C EED BEFORE A UNITED STATES MA G I ST R A T E JUDGE," OR ELSE A "DEC LIN A TIO N TO PROCEED BEFORE A UN ITED STATES MAGISTRATE JUDGE AND REQ U EST FOR REASSIGNMENT" On March 22, 2010, Defendant filed a Motion to Dismiss. Pursuant to Civil Local Rule 731(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 Plaintiff has not yet done so. Therefore, based on the file herein, IT IS HEREBY ORDERED that the 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," is extended to May 4, 2010. Both forms are 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 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 hearing on Defendant's Motion to Dismiss is CONTINUED to May 18, 2010, at 10:00 a.m. in Courtroom 5 of this court. Dated: 4/23/10 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 MARTHA BROWN Courtroom Deputy for copies mailed on 4/23/10 Bernabe Mora 247 Shasta Street Watsonville, CA 95016 to: Counsel automatically notified of this filing via the court's Electronic Case Filing system.

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