National Union Fire Insurance Company of Pittsburgh, PA et al v. Resource Development Services, Inc. et al

Filing 18

ORDER 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 May 7, 2010. (pvtlc2, COURT STAFF) (Filed on 5/7/2010)

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 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NATIONAL UNION FIRE INSURANCE ) COMPANY OF PITTSBURGH, PA., ) ) Plaintiff, ) v. ) ) RESOURCES DEVELOPMENT ) SERVICES, INC., et al., ) ) Defendants. ) ___________________________________ ) Case No.: C 10-01324 PVT ORDER 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"

On May 7, 2010, defendants Environmental Resource Recovery, Inc. doing business as and sued as Valley Recycling moved to dismiss pursuant to Rule 12(b)(6) and 9(b). (collectively "defendants"). Alternatively, defendants move for a more definite statement pursuant to Rule 12(e). This case has been assigned to a Magistrate Judge. Before the court takes any action on the motion to dismiss, or in the alternative, motion for a more definite statement, the court must determine whether or not all of the parties who have appeared consent to Magistrate Judge jurisdiction, or whether any of the parties request reassignment to a District Judge. Therefore, IT IS HEREBY ORDERED that no later than May 21, 2010, each party who has not already done so shall 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." Both forms are available from the clerk of the court, or from the Forms (Civil) section of the court's ORDER, page 1

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website at www.cand.uscourts.gov. Dated: May 7, 2010 PATRICIA V. TRUMBULL United States Magistrate Judge

ORDER, page 2