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)

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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 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.

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