Pacific Elite Fund, Inc et al v. Perez

Filing 5

INTERIM ORDER re 3 MOTION for Leave to Proceed in forma pauperis and DEADLINE for Consent or Declination to Proceed Before Magistrate Judge. Defendants shall file all process, pleadings, and orders served in the underlying state court action no l ater than August 3, 2012. If defendant Jesus Perez wishes to proceed in forma pauperis, he must file a separate application no later than August 3, 2012. All parties who have not already done so shall, no later than August 3, 2012, file either a consent or declination form. Forms are available in the Clerk's Office or at http://www.cand.uscourts.gov. Signed by Magistrate Judge Howard R. Lloyd on 7/24/12. (hrllc1, COURT STAFF) (Filed on 7/24/2012)

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** E-filed July 24, 2012 **

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

NOT FOR CITATION

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United States District Court

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SAN JOSE DIVISION

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PACIFIC ELITE FUNDS, INC.,
Plaintiff,

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v.
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JESUS PEREZ; ET AL.,
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Defendant.
____________________________________/

No. C12-03805 HRL
INTERIM ORDER RE:
APPLICATION TO PROCEED IN
FORMA PAUPERIS AND DEADLINE
FOR CONSENT OR DECLINATION
TO PROCEED BEFORE
MAGISTRATE JUDGE
[Re: Docket No. 3]

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On July 20, 2012, defendants Jesus Perez and Natividad Perez removed this action from

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Santa Cruz County Superior Court. Dkt. No. 1 (“Notice of Removal”). They have not complied with

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28 U.S.C. § 1446. A defendant or defendants desiring to remove a civil action must file “a notice of

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removal . . . containing a short and plain statement of the grounds for removal, together with a copy

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of all process, pleadings, and orders served upon such defendant or defendants in such action.” 28

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U.S.C. § 1446(a) (emphasis added). Defendants have not attached any process, pleadings, or orders

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served in the state court action. Accordingly, the defendants shall file all of the required documents

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from the state court action no later than August 3, 2012.

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In addition, only one of the defendants, Natividad Perez, has filed an application to proceed

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in forma pauperis. Defendants are advised that each defendant must file a separate application, or

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the defendant who has not filed an application will be obligated to pay the filing fee even if the

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application is granted as to the other defendant. If Jesus Perez intends to file an application to

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proceed in forma pauperis, he shall file it no later than August 3, 2013.

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In addition, the parties are reminded that this civil case has been randomly assigned to a

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magistrate judge for all purposes including trial. Accordingly, all parties who have not yet done so

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shall, no later than August 3, 2012, file either (1) a Consent to Proceed before a United States

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Magistrate Judge or (2) a Declination to Proceed before a Magistrate Judge and Request for

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Reassignment to a United States District Judge. See N.D. Cal. Civ. R. 73-1. The consent and

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declination forms are available at the Clerk’s Office and may also be obtained from the court’s

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website at http://www.cand.uscourts.gov.

For the Northern District of California

United States District Court

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IT IS SO ORDERED.
Dated: July 24, 2012
HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

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C12-03805 HRL Notice will be electronically mailed to:

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Michael James Barsi

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Notice will be sent by mail to:

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Jesus C. Perez
727 Lincoln Avenue
Watsonville, CA 95076

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Natividad Perez
727 Lincoln Street
Watsonville, CA 95076
Counsel are responsible for distributing copies of this document to co-counsel who have not
registered for e-filing under the court’s CM/ECF program.

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For the Northern District of California

United States District Court

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