Marble Bridge Funding Group, Inc v. Natures Own Pharmacy, LLC et al

Filing 51

ORDER SETTING DEADLINE FOR CONSENT TO MAGISTRATE JURISDICTION re 45 MOTION to Relate Case Defendant Euler Hermes American Credit Indemnity Company's Administrative Motion To Consider Whether Cases Should Be Related (Civil L.R. 3-12) filed by Euler Hermes American Credit Indemnity Company. Signed by Judge Paul S. Grewal on October 2, 2012. (psglc2, COURT STAFF) (Filed on 10/2/2012)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9

SAN JOSE DIVISION

United States District Court
For the Northern District of California

10
11
12
13
14
15

Case No.: 12-01839 PSG

MARBLE BRIDGE FUNDING GROUP,

ORDER SETTING DEADLINE FOR
CONSENT TO MAGISTRATE
JURISDICTION

Plaintiff,
v.
NATURE’S OWN PHARMACY, LLC, et al,
Defendants.

16
17

On April 12, 2012, Marble Bridge Funding Group (“Marble Bridge”) filed this action

18
against Nature’s Own Pharmacy, LLC (“NOP”), Richard Wallace, Annette Zimmerman, Craig
19
20

John Barr, and Marsha Kay Holloway. On May 29, 2012, Marble Bridge initiated suit against

21

Euler Hermes American Credit Indemnity Co. (“Euler”). Euler declined to proceed before a

22

magistrate judge, and the case was reassigned to Judge Davila. The parties to this case have

23

neither consented nor declined to magistrate jurisdiction.

24
25

Euler now moves to reassign this case to Judge Davila pursuant to Civil L.R. 3-12. Rule 312 provides that the judge in the earliest-filed case must determine whether the cases are related,

26
and, if they are related, the later-filed case should be assigned to that judge. As a result, the court
27
28

cannot assign Marble Bridge’s case against NOP directly to Judge Davila. The court also cannot

Case No.: 12-1839 PSG
ORDER

1

1
2

require Euler, a party to the later-filed case, to proceed before a magistrate when it has declined to
do so.1

3

To facilitate determination of this issue, the court will set a deadline for consent to

4

magistrate jurisdiction of the parties in this case. Marble Bridge and NOP will have fourteen days

5

to consent or the case will be reassigned to a district court judge. Accordingly,

6

IT IS HEREBY ORDERED that the parties will file with the court their consent to proceed

7
8
9

before a magistrate judge by October 16, 2012. Failure to file the consent by that date will result in
reassignment of the case to a district court judge.
IT IS SO ORDERED

United States District Court
For the Northern District of California

10
11

Dated: October 2, 2012

12

_________________________________
PAUL S. GREWAL
United States Magistrate Judge

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1

See 28 U.S.C. § 636(a)-(c).

Case No.: 12-1839 PSG
ORDER

2