Opinion
No. C 11-04202 MEJ
10-19-2011
SCOTT RIEGER Plaintiff(s), v. AMERICAN EXPRESS Defendant(s).
SECOND ORDER DIRECTING PLAINTIFF TO FILE CONSENT/DECLINATION FORM
On September 23, 2011, the Court ordered the parties to file a written consent to magistrate judge jurisdiction. Plaintiff Scott Rieger has failed to comply. This civil case was randomly assigned to the undersigned magistrate judge for all purposes including trial. In accordance with 28 U.S.C. § 636(c), the magistrate judges of this district court are designated to conduct any and all proceedings in a civil case, including trial and entry of final judgment, upon the consent of the parties. An appeal from a judgment entered by a magistrate judge may be taken directly to the United States Court of Appeals for the Ninth Circuit in the same manner as an appeal from any other judgment of a district court.
You have the right to have your case assigned to a United States District Judge for trial and disposition. Accordingly, Plaintiff Scott Rieger shall inform the Court, by way of the enclosed form, whether he consents to magistrate judge jurisdiction or requests reassignment to a United States District Judge for trial. The consent/declination form shall be filed by October 27, 2011. Failure to comply with this Order may result in the imposition of sanctions.
IT IS SO ORDERED.
Maria-Elena James
Chief United States Magistrate Judge
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SCOTT RIEGER Plaintiff(s),
vs.
AMERICAN EXPRESS Defendant(s).
No. C 11-04202 MEJ
CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE
In accordance with the provisions of 28 U.S.C. § 636(c), the undersigned party hereby consents to have a United States Magistrate Judge conduct any and all further proceedings in this case, including trial, and order the entry of final judgment, and voluntarily waives the right to proceed before a United States District Judge.
Signed by: ___
Counsel for: ___
REQUEST FOR REASSIGNMENT TO A UNITED STATES DISTRICT JUDGE
The undersigned party hereby declines to consent to the assignment of this case to a United States Magistrate Judge for trial and disposition, and hereby requests the reassignment of this case to a United States District Judge.
Signed by: ___
Counsel for:___
UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
SCOTT RIEGER Plaintiff,
v.
AMERICAN EXPRESS Defendant.
Case Number: 11-04202 MEJ
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on October 19, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.
Scott Rieger
2697 Parkside Drive
Fremont, CA 94536
Richard W. Wieking, Clerk
By: Brenda Tolbert, Deputy Clerk