Mora v. Brennan et al

Filing 13

ORDER re 10 that Case Be Reassigned to a District Judge and Vacating May 18, 2010 Hearing. Signed by Judge Patricia V. Trumbull on 5/6/10. (pvtlc1) (Filed on 5/10/2010)

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 PATRICIA V. TRUMBULL United States Magistrate Judge OR D E R, page 1 On March 22, 2010, Defendant filed a Motion to Dismiss. On April 23, 2010, this court issued an order setting a deadline of May 4, 2010 for Plaintiff to file either a written consent to the jurisdiction of the Magistrate Judge, or request reassignment to a District Judge. Plaintiff failed to do so. Therefore, based on the file herein, IT IS HEREBY ORDERED that this action be reassigned to a District Judge. Absent consent of all parties, a Magistrate Judge cannot rule on a motion to dismiss, such as the one currently pending before the court. See 28 U.S.C. § 636(c)(1). IT IS FURTHER ORDERED that the May 18, 2010 hearing on Defendants' motion to dismiss is VACATED. After the case is reassigned to a District Judge, Defendants shall re-notice the motion for hearing on that judge's law and motion calendar. Dated: 5/6/10 BERNABE MORA, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) Plaintiff, ) ) v. ) ) TIMOTHY BRENNAN, M.D., et al., ) ) Defendants. ) ___________________________________ ) Case No.: C 10-1147 PVT ORDER THAT CASE BE REASSIGNED TO A DIST R IC T JUDGE AND VACATING MAY 18, 2010 HEARING

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 2 /s/ Donna Kirchner MARTHA BROWN Courtroom Deputy for copies mailed on 5/10/10 Bernabe Mora 247 Shasta Street Watsonville, CA 95016 to: Counsel automatically notified of this filing via the court's Electronic Case Filing system.