Whispering Oaks Residential Case Facility LLC v. Travelers Property Casualty Company of America

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 NAREN CHAGANTI, et al., Case No. 19-cv-07493-VKD

9 Plaintiffs, ORDER FOR REASSIGNMENT TO A 10 v. DISTRICT JUDGE

11 TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, et al., 12 Defendants.

13 14 Defendant Travelers Property Casualty Company of America’s (“Travelers”) has moved to 15 dismiss for failure to state a claim, or alternatively for a more definite statement. Dkt. No. 10. 16 Plaintiffs have moved to remand this action to state court. Dkt. No. 16. Although plaintiffs and 17 Travelers have appeared and consented to proceed before a magistrate judge (Dkt. Nos. 8, 17), 18 individual defendants Joseph Tancredy and Robert Killingsworth have not yet been served,1 have 19 not appeared, and have not consented. See Dkt. No. 15. 20 Absent the consent of all parties, this Court does not have jurisdiction over this matter and 21 must refer the case to a district judge. 28 U.S.C. § 636; Williams v. King, 875 F.3d 500 (9th Cir. 22 2017). Accordingly, it is ordered that this case be reassigned to a district judge. All pending 23 motion hearings and scheduled appearances are hereby vacated and will be reset by the newly 24 assigned judge. 25 /// 26

27 1 The Court ordered plaintiffs to file proof of service of the complaint and summons on defendants 1 IT IS SO ORDERED. 2 Dated: December 2, 2019 . 28 □ 3 VIRGINIA K. DEMARCHI 4 United States Magistrate Judge 5 6 7 8 9 10 11 12

© 15 16

= 17

Z 18 19 20 21 22 23 24 25 26 27 28