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Bouyer v. Countrywide Bank

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


January 22, 2009

MITCHELL E. BOUYER, ET AL., PLAINTIFF(S),
v.
COUNTRYWIDE BANK, DEFENDANT(S).

The opinion of the court was delivered by: Maria-elena James United States Magistrate Judge

ORDER DIRECTING PLAINTIFFS TO FILE CONSENT/DECLINATION FORM

Pending before the Court is Defendant's Motion to Dismiss. Upon review of the record in this action, the Court notes that Plaintiffs have not filed a written consent to Magistrate Judge James' jurisdiction or a request for reassignment to a United States District Court judge for trial. This civil case was randomly assigned to United States Magistrate Judge Maria-Elena James for all purposes including trial. In accordance with Title 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 a jury or non-jury trial, and to order the entry of final judgment, upon the consent of the parties. An appeal from a judgment entered by Magistrate Judge James 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. 28 You have the right to have your case assigned to a United States District Judge for trial and disposition. Accordingly, Plaintiffs shall inform the Court, by way of the enclosed form, whether they consents to Magistrate Judge James' jurisdiction or request reassignment to a United States District Judge for trial. The consent/declination form shall be filed as soon as possible, but no later than February 6, 2009.

IT IS SO ORDERED.

20090122

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