Hernandez et al v. Vallco Shopping Mall, LLC et al

Filing 149

ORDER re 133 Continuing Hearing, and 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 9/30/10. (pvtlc1) (Filed on 10/1/2010)

Hernandez et al v. Vallco Shopping Mall, LLC et al

Doc. 149

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. Magistrate Judges have authority to hear dispositive motions, such as the motion to amend, only in cases where all parties have consented to Magistrate Judge jurisdiction. See 28 U.S.C. § 636(c)(1). OR D E R, page 1
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

ALMA CLARISA HERNANDEZ, et al.,

) ) Plaintiffs, ) ) v. ) ) VALLCO SHOPPING MALL, LLC, et al., ) ) Defendants. ) ___________________________________ )

Case No.: C 10-2848 PVT ORDER CONTINUING HEARING, AND SETTIN G DEADLINE FOR PARTIES TO FILE EITH ER 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"

On August 24, 2010, Plaintiffs filed a Motion to Amend Plaintiff's First Amended Complaint.1 Pursuant to Civil Local Rule 73-1(a)(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.2 None of the parties have yet done so. Therefore, based on the file herein, IT IS HEREBY ORDERED that the hearing on the motion to amend is CONTINUED to 10:00 a.m. on October 26, 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

IT IS HEREBY ORDERED that, no later than October 15, 2010, all parties who have appeared in this action and who have not been dismissed 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 to a United States District Judge."3 Dated: 9/30/10 PATRICIA V. TRUMBULL United States Magistrate Judge

Both forms are available from the clerk of the court, or from the "Forms" section of the court's website (www.cand.uscourts.gov). OR D E R, page 2

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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 OR D E R, page 3 /s/ Donna Kirchner OSCAR RIVERA Courtroom Deputy for David Chang and Tho Tran 10123 North Wolfe Road, #2168 Cupertino, CA 95014 copies mailed on 10/1/10 to: Counsel automatically notified of this filing via the court's Electronic Case Filing system.

Valentine Rybkin c/o Vaum Pekker 10123 N. Wolfe Road, #2051 Cupertino, CA 95014