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Marianne Pretscher-Johnson v. Aurora Bank Fsb

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


March 14, 2013

MARIANNE PRETSCHER-JOHNSON, PLAINTIFF,
v.
AURORA BANK FSB, ET AL, DEFENDANTS.

The opinion of the court was delivered by: Paul S. Grewal United States Magistrate Judge

ORDER RE: QUALITY LOAN SERVICE CORP.'S CONSENT OR DECLINATION TO MAGISTRATE JURISDICTION

On December 4, 2012, Defendant Quality Loan Service Corp. ("Quality") filed a "Declaration of Non-Monetary Status" pursuant to California Civil Code Section 2924l and has 18 indicated to the court that it will not participate further in this action.*fn1 "Section 2924l sets forth a 19 type of pleading available to state court litigants who are trustees under deeds of trust."*fn2 Fed. R. 20 Civ. P. 7(a) and 12, however, govern pleadings in federal court.*fn3 "Accordingly, Rule 7 and Rule 12, not [Section} 2924l, provide the proper procedural mechanisms in federal court."*fn4 Because Quality cannot rely on Section 2924l in this court, it is not excused from participation in this suit.

Defendants Aurora Bank, FSB, Aurora Loan Services, Mortgage Electronic Recording Systems, and Nationstar Mortgage LLC have filed a motion to dismiss Plaintiff Marianne Pretscher-Johnson's complaint.*fn5 The hearing for that motion is scheduled for March 19, 2013.

Those defendants and Pretscher-Johnson have consented to this court's jurisdiction; Quality has 5 not. Quality shall file its consent or declination to this court's jurisdiction no later than 5:00 p.m. 6 on Friday, March 15, 2012.

IT IS SO ORDERED.


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