Mendoza v. Citimortgage, Inc.

Filing 9

ORDER 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. (pvtlc1) (Filed on 9/29/2010)

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Mendoza v. Citimortgage, Inc. Doc. 9 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 Dockets.Justia.com 2 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION MARGOTH MENDOZA, ) ) Plaintiff, ) ) v. ) ) CITIMORTGAGE, INC., ) ) Defendant. ) ___________________________________ ) Case No.: C 10-3550 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 19, 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 Neither of the parties have 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 October 19, 2010. IT IS HEREBY ORDERED that, no later than October 5, 2010, all parties who have 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 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: 9/23/10 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

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