Opinion
No. CIV 2:11-cv-0886-MCE-JFM (PS).
September 13, 2011
ORDER
This matter, which commenced on April 4, 2011, was initially assigned to Magistrate Judge Dale A. Drozd. On April 26, 2011, defendants Paula and Stevenson Ericson filed a motion to sever or dismiss misjoined defendants. That matter was scheduled to be heard before Judge Drozd. By order dated May 6, 2011, Judge Drozd recused himself, vacated the hearing on defendants' motion to sever and directed defendants to re-notice the motion before the newly assigned magistrate judge. This case was thereafter reassigned to the undersigned. By order dated July 5, 2011, defendants were again directed to re-notice the motion to sever before the undersigned. Defendants have failed to re-notice the motion.
Accordingly, IT IS HEREBY ORDERED that defendants' April 26, 2011 motion to sever is denied without prejudice.