Measel v. LinkUs Enterprises, Inc.

Filing 8

ORDER Setting New 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 6/24/10. (pvtlc1) (Filed on 6/25/2010)

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 The holding of this court is limited to the facts and the particular circumstances underlying the present motion. 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). On June 11, 2010, a Clerk's Notice of Impending Reassignment to a United States District Judge was erroneously filed herein. That notice should be disregarded. OR D E R, page 1
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION MICHAEL JOHN MEASEL, ) ) Plaintiff, ) ) v. ) ) LINKUS ENTERPRISES, INC., ) ) Defendant. ) ___________________________________ ) Case No.: C 10-2345 PVT ORDER SETTING NEW 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 June 3, 2010, Defendant filed a motion to dismiss.1 Pursuant to Civil Local Rule 731(a)(2),2 no later than one week 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.3 Neither party has done so.4 Therefore, based on the file herein, IT IS HEREBY ORDERED that the deadline for the parties to file either a "Consent to

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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 July 6, 2010. Both forms are available from the clerk of the court, or from the "Forms" section of the court's website (www.cand.uscourts.gov). Dated: 6/24/10 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 6/25/10 Michael John Measel 137 Highway 156 Prundale, CA 93907 to: Counsel automatically notified of this filing via the court's Electronic Case Filing system.