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Everett Burns, et al v. Washington Mutual Bank

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


June 2, 2011

EVERETT BURNS, ET AL.,
PLAINTIFFS,
v.
WASHINGTON MUTUAL BANK, F.A., ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Howard R. Lloyd United States Magistrate Judge

** E-filed June 2, 2011 **

NOT FOR CITATION

United States District Court For the Northern District of California

ORDER THAT CASE BE REASSIGNED TO A DISTRICT JUDGE

This civil case was randomly assigned to this Court for all purposes including trial. On May 3, 2011, defendant EMC Mortgage Corporation ("EMC") filed a Motion for a More Definite Statement. Docket No. 4. Plaintiff Kim Hicks-Burns and EMC consented to the undersigned's 20 jurisdiction. Docket Nos. 7, 8. On May 24, 2011, pursuant to this District's Civil Local Rule 73-1, 21 this Court instructed all parties who had not done so to file either (1) a Consent to Proceed before a United States Magistrate Judge or (2) a Declination to Proceed before a Magistrate Judge and Request for Reassignment to a United States District Judge, no later than June 1, 2011. Docket No. 10. Since plaintiff Everett Burns and defendants Washington Mutual Bank, F.A. and Quality Loan Service Corporation (who may not have been served) have failed to do so, this Court ORDERS the Clerk of the Court to reassign this case to a district court judge. All current dates and deadlines, 27 including the June 7, 2011 hearing on EMC's motion, are VACATED.

IT IS SO ORDERED.

C11-01621 HRL Notice will be electronically mailed to:

Heather E Abelson habelson@alvaradosmith.com, mschwark@alvaradosmith.com Theodore Emery Bacon tbacon@alvaradosmith.com, Lhernandez@alvaradosmith.com Notice will be provided by other means to:

Everett Burns 2008 Emory Street San Jose, CA 95128 Kim Hicks-Burns 2008 Emory Street San Jose, CA 95128 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.

20110602

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