Gens v. Vello Corporation et al
ORDER re 30 Striking Consent to Magistrate Judge Jurisdiction Purportedly Filed on Behalf of Defendant Vello; and ORDER Extending and Continuing Dates. Signed by Judge Patricia V. Trumbull on 10/21/10. (pvtlc1) (Filed on 10/22/2010)
Gens v. Vello Corporation et al
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 On October 5, 2010, this court issued an order to show cause why the "Consent to Proceed Before a United States Magistrate Judge" that Plaintiff purportedly filed on behalf of Defendant Vello Corporation ("Vello") should not be stricken. Plaintiff Timothy Gens filed a response on October 12, 2010. No other party filed any response. Based on Plaintiff's response and the file herein, IT IS HEREBY ORDERED that the "Consent to Proceed Before a United States Magistrate Judge" which was signed and filed by Plaintiff purportedly on behalf of Defendant Vello (docket no. 30) is STRICKEN from the record. As a corporation, Defendant Vello "may appear only through a member of the bar of this Court." See CIVIL L.R. 3-9(b). Plaintiff cites no authority for his contention that a "Consent to Proceed Before a United States Magistrate Judge" does not constitute an appearance by a party. In order to either consent or decline to proceed before a Magistrate Judge, OR D E R, page 1
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
) ) Plaintiff, ) v. ) ) ) VELLO CORPORATION, et al., ) ) Defendants. ) ___________________________________ )
Case No.: C 10-3220 PVT ORDER TO STRIKING CONSENT TO MA G I ST R A T E JUDGE JURISDICTION PU R PO R TED LY FILED ON BEHALF OF DEFENDANT VELLO; AND ORDER EXTENDING AND CONTINUING DA T E S
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Defendant Vello must file a document properly signed and filed by a member of the bar of this court pursuant to Local Rule 3-9(b).1 IT IS FURTHER ORDERED that the deadline for Defendant Vello 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 November 2, 2010.2 Plaintiff shall promptly serve a copy of this order on Defendant Vello by mail to either Defendant Vello's agent for service of process or to any current officer of Defendant Vello other than Plaintiff. IT IS FURTHER ORDERED that the hearing on Plaintiff Gens' motion to remand and his motion for Rule 11 sanctions is CONTINUED to 10:00 a.m. on November 16, 2010. IT IS FURTHER ORDERED that the Case Management Conference in this matter is also CONTINUED to 10:00 a.m. on November 16, 2010. Dated: 10/21/10 PATRICIA V. TRUMBULL United States Magistrate Judge
Regarding Plaintiff's contention that Defendant Vello has waived its conflict of interest with Plaintiff, even if Plaintiff were to file a written waiver properly executed by himself and Defendant Vello the court is not inclined to allow one party to act as counsel for an opposing party in the same litigation. Defendant Vello is free, of course, not to make any appearance in this action. In that event, the case will need to be reassigned to a District Judge due to the lack of consent of all parties who have been served with the complaint. Cf., Neals v. Norwood, 59 F.3d 530, 532 (5th Cir. 1995) (noting that consent of parties who had not been served was not necessary for Magistrate Judge jur isdiction). OR D E R, page 2
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