Free Declination to Proceed Before a U.S. Magistrate Judge - District Court of California - California

Case 3:07-cv-04911-CRB

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Filed 09/25/2007

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Timothy T. Scott (SBN 126971) [email protected] Geoffrey M. Ezgar (SBN 184243) [email protected] Paul L. Yanosy (SBN 233014) [email protected] SIDLEY AUSTIN LLP 555 California Street San Francisco, California 94104 Telephone: (415) 772-1200 Facsimile: (415) 772-7400 Paul E. Kalb, M.D. SIDLEY AUSTIN LLP 1501 K Street, N.W. Washington, D.C. 20005 Telephone: (202) 736-8000 Facsimile: (202) 736-8711 Nina M. Gussack Andrew R. Rogoff PEPPER HAMILTON LLP 3000 Two Logan Square Eighteenth and Arch Streets Philadelphia, PA 19103-2799 Telephone: (215) 981-4000 Facsimile: (202) 981-4750 Attorneys For Defendant ELI LILLY AND COMPANY UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA STATE OF CALIFORNIA ex rel. JAYDEEN VICENTE and JAYDEEN VICENTE Individually, Plaintiffs, v. ELI LILLY AND COMPANY, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Case No. 07-04911 EMC DECLINATION TO PROCEED BEFORE A MAGISTRATE JUDGE AND REQUEST FOR REASSIGNMENT TO A UNITED STATES DISTRICT JUDGE

DECLINATION TO PROCEED BEFORE MAGISTRATE JUDGE ­ C 07-04911 EMC
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Case 3:07-cv-04911-CRB

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REQUEST FOR REASSIGNMENT TO A UNITED STATES DISTRICT JUDGE The undersigned party in the above-captioned civil matter hereby declines to consent to the assignment of this case to a Untied States Magistrate Judge for trial and disposition and hereby requests the reassignment of this case to a United States District Judge. Dated: September 25, 2007 SIDLEY AUSTIN LLP

By: /s/ Timothy T. Scott Timothy T. Scott Attorneys For Defendant ELI LILLY AND COMPANY

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DECLINATION TO PROCEED BEFORE MAGISTRATE JUDGE ­ C 07-04911 EMC
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PROOF OF SERVICE I am employed in the County of San Francisco, State of California. I am over the age of 18 and not a party to the within action. My business address is Sidley Austin LLP, 555 California Street, San Francisco, California 94104. On September 25, 2007, I served the foregoing document(s) described as DECLINATION TO PROCEED BEFORE A MAGISTRATE JUDGE AND REQUEST FOR REASSIGNMENT TO A UNITED STATES DISTRICT JUDGE on all interested parties in this action as follows (or as on the attached service list): (U.S. MAIL) I served the foregoing document(s) by U.S. Mail, as follows: I placed true copies of the document(s) in a sealed envelope addressed to each interested party as shown above. I placed each such envelope for collection and mailing at Sidley Austin LLP, San Francisco, California. I am readily familiar with the Firm's business practice for collection and processing of correspondence for mailing. Under that practice, the correspondence would be deposited in the United States Postal Service on that same day in the ordinary course of business, with postage thereon fully prepaid. (FACSIMILE) I caused the foregoing document(s) to be served by facsimile transmission from facsimile machine number (415) 772-7400 to the interested party at the facsimile telephone numbers shown. Each transmission was reported as complete and without error. A transmission report was properly issued by the sending facsimile machine for each interested party served. (FEDERAL EXPRESS) I served the foregoing document(s) by Federal Express as follows: I placed true copies of the document(s) in a sealed envelope addressed to each interested party as shown above. I placed each such envelope for collection and mailing at Sidley Austin LLP, San Francisco, California. I am readily familiar with the Firm's practice for collection and processing of correspondence for mailing via Federal Express (an express service carrier which provides overnight delivery). Under that practice, the sealed, addressed envelope(s) are delivered to an authorized courier or driver authorized by Federal Express the same date they are collected and processed, with all charges paid. (HAND DELIVERY) I caused the document(s) to be delivered by hand by a courier service to the addressee(s) shown above unless otherwise noted. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on September 25, 2007, at San Francisco, California. By: Lisa Donohue

PROOF OF SERVICE­ C 07-04911 EMC
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SERVICE LIST Nancy Hirsh, Esq., State Bar No. 49091 (By Messenger and U.S. Mail) Mark E. Burton, Jr. Esq., State Bar No. 178400 Rachel Abrams, Esq., State Bar No. 209316 HERSH & HERSH A Professional Corporation 601 Van Ness Avenue, 2080 Opera Plaza San Francisco, CA 94102-6388 (415) 441-5544 Mark Zahner, Chief Prosecutor, State Bar No. 137732 Brian V. Frankel, Supervising Attorney General, State Bar No. 116802 1455 Frazee Road, Suite 315 San Diego, CA 92108 (619) 688-6065 Edmund G. Brown, Jr., Attorney General of the State of California Office of the Attorney General 1300 "I" Street P.O. Box. 944255 Sacramento, CA 94244-2550

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PROOF OF SERVICE­ C 07-04911 EMC
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