Moreno v. Countrywide Home Loans et al

Filing 11

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; and Continuing Hearing Date. Hearing on Motion to Dismiss continued to 9/7/10. Signed by Judge Patricia V. Trumbull on 8/5/10. (pvtlc1) (Filed on 8/6/2010)

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M o r De 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 D 4 3 2 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION BERTHA MORENO, ) ) Plaintiff, ) ) v. ) ) COUNTRYWIDE HOME LOANS, et al., ) ) Defendants. ) ___________________________________ ) Case No.: C 10-2659 PVT ORDER SETTING DEADLINE FOR PARTIES T O FILE EITHER A "CONSENT TO PROCEED BEFO R E A UNITED STATES MAGISTRATE JU D G E," OR ELSE A "DECLINATION TO PR O C EED BEFORE A UNITED STATES MA G I ST R A T E JUDGE AND REQUEST FOR REA SSIG N M E N T"; AND CONTINUING HEA R IN G DATE On June 22, 2010, Defendant Bank of America filed a motion to dismiss.1 Pursuant to Civil Local Rule 73-1(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 None of the parties have yet done so.4 Therefore, based on the file herein, 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 IT IS HEREBY ORDERED that the deadline for the 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," is extended to August 10, 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). IT IS FURTHER ORDERED that the hearing on Defendant's motion to dismiss is continued to 10:00 a.m. on September 7, 2010. Dated: 8/5/10 PATRICIA V. TRUMBULL United States Magistrate Judge OR D E R, page 2

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