From Casetext: Smarter Legal Research

Macut v. Wabash Nat'l Corp.

United States District Court, Eastern District of California
Oct 18, 2022
1:22-cv-00231 -JLT-CDB (E.D. Cal. Oct. 18, 2022)

Opinion

1:22-cv-00231 -JLT-CDB

10-18-2022

EMILY MACUT, Plaintiff, v. WABASH NATIONAL CORP., et al., Defendants.


ORDER VACATING OCTOBER 17, 2022, MINUTE ORDER AND WITHDRAWING REFERRAL OF MOTION TO REMAND (DOC. 26)

On October 14, 2022, the Court received a stipulation indicating that all parties appearing thus far in this matter consent to have the pending motion to remand (Doc. 11) heard and decided by the assigned magistrate judge. (Doc. 25.) However, the stipulation acknowledges that Defendant MP Trans Inc. has been served but has not yet appeared “pursuant to an agreement with Plaintiff's counsel, contingent on the anticipated ruling on the Plaintiff's motion to remand.” (Id. at 2.) Another defendant, Willie Boyd, has not yet been served. (Id.) Limited consent is not complete because not all the “parties” have signed onto the stipulation. See Williams v. King, 875 F.3d 500, 503-04 (9th Cir. 2017) (“[A]ll plaintiffs and defendants named in the complaint are ‘parties' within the meaning of § 636(c)(1)-irrespective of whether the complaint has been properly served” and all parties, including unserved defendants, must consent to the jurisdiction of a magistrate judge before magistrate judge may issue dispositive ruling).

Accordingly, the Court VACATES its October 17, 2022, Minute Order (Doc. 26) and WITHDRAWS the referral of the motion to remand (Doc. 25). This decision is without prejudice to the parties curing the insufficient stipulation.

IT IS SO ORDERED.


Summaries of

Macut v. Wabash Nat'l Corp.

United States District Court, Eastern District of California
Oct 18, 2022
1:22-cv-00231 -JLT-CDB (E.D. Cal. Oct. 18, 2022)
Case details for

Macut v. Wabash Nat'l Corp.

Case Details

Full title:EMILY MACUT, Plaintiff, v. WABASH NATIONAL CORP., et al., Defendants.

Court:United States District Court, Eastern District of California

Date published: Oct 18, 2022

Citations

1:22-cv-00231 -JLT-CDB (E.D. Cal. Oct. 18, 2022)