Sencion v. Saxon Mortgage Services, Inc. et al

Filing 76

ORDER That Case Be Reassigned. Signed by Judge Paul S. Grewal on April 8, 2011. (psglc2, COURT STAFF) (Filed on 4/8/2011)

Sencion v. Saxon Mortgage Services, Inc. et al

Doc. 76

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Plaintiff Oscar Sencion ("Sencion") has moved for a temporary restraining order enjoining 19 Defendant Ocwen Loan Servicing, LLC and Defendant Deutsche Bank National Trust Company 20 ("Deutsche") from enforcing a writ of possession. Sencion represents that a Notice to Vacate was 21 posted on the property that is the subject of this litigation on April 6, 2011 stating that the 22 property must be vacated by April 12, 2011 at 12:01 a.m. 23 Deutsche was added as a defendant in this action on March 4, 2011, and Sencion has filed 24 a proof of service indicating Deutsche was served on March 30, 2011. Deutsche has not yet 25 appeared in this action, and Deutsche has neither consented to proceed before a magistrate judge 26 nor requested reassignment to a district judge. 27 A magistrate judge may hear and determine a motion for injunctive relief only upon 28 ORDER, page 1
Dockets.Justia.com

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

OSCAR MADRIGAL SENCION,

) ) Plaintiff, ) ) v. ) ) SAXON MORTGAGE SERVICES INC., et ) al., ) ) Defendants. ) ___________________________________ )

Case No.: C 10-03108 PSG ORDER THAT CASE BE REASSIGNED (Re: Docket No. 73)

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consent of the parties. 1 Sencion has moved for injunctive relief against Deutsche, a party that has not consented to magistrate judge jurisdiction. As Sencion requests that a temporary restraining order be issued in advance of the April 12, 2011 deadline to vacate, Deutsche has no reasonable opportunity to consent or to decline. Accordingly, IT IS HEREBY ORDERED that this case be reassigned to a district judge. Dated: April 8, 2011 PAUL S. GREWAL United States Magistrate Judge

See 28 U.S.C. § 636(b) ("A judge may designate a magistrate judge to hear and determine any pretrial matter pending before the court, except for a motion for injunctive relief . . . ."); 28 U.S.C. § 636(c) ("Upon the consent of the parties, a full-time United States magistrate judge . . . may conduct any and all proceedings in a jury or nonjury civil matter . . . ."). ORDER, page 2

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