Bazan v. U.S. Bancorp

Filing 10

ORDER re 6 Continuing Hearing, and Setting Deadline for Plaintiff 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 10/5/10. (pvtlc1) (Filed on 10/5/2010)

Bazan v. U.S. Bancorp

Doc. 10

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 dismiss, 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

JOSE BAZAN,

) ) Plaintiff, ) ) v. ) ) U.S. BANCORP, ) ) Defendant. ) ___________________________________ )

Case No.: C 10-3265 PVT ORDER CONTINUING HEARING, AND SETTIN G DEADLINE FOR PLAINTIFF TO FIL E 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"

On August 2, 2010, Defendant filed a Motion to Dismiss.1 Pursuant to Civil Local Rule 731(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 Only Defendant has yet done so. Therefore, based on the file herein, IT IS HEREBY ORDERED that the hearing on the motion to dismiss is CONTINUED to 10:00 a.m. on November 9, 2010. IT IS HEREBY ORDERED that, no later than October 19, 2010, Plaintiff shall file either a

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

"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: 10/5/10 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

3