HSBC BANK, USA, National Association, as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Asset Backed Pass Through Certificattes Series 2007-PA2 v. Tran

Filing 13

ORDER re 4 Extending Schedule for Motion to Remand; and Extending Deadline for Parties to File Either a "Consent to Proceed Before a United States Magistrate Judge," or a "Declination to Proceed Before a United States Magistrate Judge and Request for Reassignment."Signed by Judge Patricia V. Trumbull on 8/26/10. (pvtlc1) (Filed on 8/26/2010)

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HSBC BANK, USA, National Association, as Trustee for Wells...h Certificattes Series 2007-PA2 v. Tran Doc. 13 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 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 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 Dockets.Justia.com 2 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION HSBC BANK, USA, National Association, as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Asset Backed Pass Through Certificates Series 2007-PA2, ) ) ) ) ) Plaintiff, ) ) v. ) ) TERESA TRAN, ) ) Defendant. ) ___________________________________ ) ) AND RELATED CROSS-ACTION ) ___________________________________ ) Case No.: C 10-3069 PVT ORDER EXTENDING SCHEDULE FOR MOTION TO REMAND; AND EXTENDING DEADLINE FOR PARTIES TO FILE EITHER A "CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE," OR A "DECLINATION TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE AND REQUEST FOR REASSIGNMENT" On July 21, 2010, Plaintiff filed a Motion to Remand. Pursuant to Civil Local Rule 731(a)(2),1 no later than five court days 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 No party has yet done so. Therefore, based on the file herein, IT IS HEREBY ORDERED that the hearing on Plaintiff's Motion to Remand is 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 CONTINUED to September 21, 2010, at 10:00 a.m. in Courtroom 5 of this court. IT IS FURTHER 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 September 7, 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 deadline for Plaintiff to file a written opposition to the motion to remand her complaint is extended to September 7, 2010.3 Plaintiff can find information about responding to a motion in the court's Handbook for Litigants Without a Lawyer, which is available from the clerk of the court, or by clicking on the "Pro Se Handbook" link in the list on the right-hand side of the court's website. IT IS FURTHER ORDERED that Plaintiff may file reply papers no later than September 14, 2010. Dated: 8/26/10 PATRICIA V. TRUMBULL United States Magistrate Judge Plaintiff has not yet filed any written opposition to the motion. See CIV.L.R. 7-3(a) ("Any opposition to a motion must be served and filed not less than 21 days before the hearing date."). Because Plaintiff is pro se, the court finds it appropriate to extend the deadline for filing the opposition. See, Draper v. Coombs, 792 F.2d 915, 924 (9th Cir. 1986) (Under Ninth Circuit case law, pro se litigants are treated with "great leniency" when evaluating compliance with "the technical rules of civil procedure"). ORDER, page 2 3 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 ELIZABETH GARCIA Courtroom Deputy for copies mailed on 8/26/10 Teresa Tran 669 Platte River Court San Jose, CA 95111 to: Counsel automatically notified of this filing via the court's Electronic Case Filing system.

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