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

Case 3:07-cv-04777-SI

Document 3

Filed 09/20/2007

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Bingham McCutchen LLP STEVEN N. MACHTINGER (SBN 61973) JOHN D. PERNICK (SBN 155468) GEOFF S. BECKHAM (SBN 224126) Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: 415.393.2000 Facsimile: 415.393.2286 Email: [email protected] Attorneys for Plaintiff Herbert J. Sims & Co., Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Herbert J. Sims & Co., Inc., Plaintiff, v. Mark Roven, James Darden III, Rod Butterfield, Steve Bares, Jay Magwire, Carolyn Magwire, Dorothy McCarty, Richard Teerlink, Elenora Crone, Nellie Morison, Scott M. Crone, Scott R. Crone and Nadine Vanderlanes, Defendants.

No. C 07 4777 BZ DECLINATION TO PROCEED BEFORE A MAGISTRATE JUDGE AND REQUEST FOR REASSIGNMENT TO A UNITED STATES DISTRICT JUDGE

13 14 15 16 17 18 19 20 21 22 DATED: September 20, 2007 23

REQUEST FOR REASSIGNMENT TO A UNITED STATES DISTRICT JUDGE The undersigned party hereby declines to consent to the assignment of this case to a United States Magistrate Judge for trial and disposition and hereby requests the reassignment of this case to a United States District Judge.

Bingham McCutchen LLP 24 25 26 27 By: /s/ _________________ Steven N. Machtinger Attorneys for Plaintiff Herbert J. Sims & Co., Inc.

A/72218669.1/3005090-0000326991

Declination re Magistrate / Request for Reassignment to Judge

C 07 4777 BZ

Case 3:07-cv-04777-SI

Document 3

Filed 09/20/2007

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A/72218669.1/3005090-0000326991

PROOF OF SERVICE I am over 18 years of age, not a party to this action and employed in the County of San Francisco, California at Three Embarcadero Center, San Francisco, California 941114067. I am readily familiar with the practice of this office for collection and processing of correspondence for next business day delivery by FedEx, and correspondence is deposited with FedEx that same day in the ordinary course of business. Today I served the attached: DECLINATION TO PROCEED BEFORE A MAGISTRATE JUDGE AND REQUEST FOR REASSIGNMENT TO A UNITED STATES DISTRICT JUDGE by causing a true and correct copy of the above to be delivered by FedEx from San Francisco, California in sealed envelope(s) with all fees prepaid, addressed as follows: David Gaba, Esq. Patrick Hinton, Esq. Compass Law Group, PLLC 1200 Fifth Avenue, Suite 1900 Seattle, WA 98101 I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made and that this declaration was executed on September 20, 2007.

By:

/s/ Jolyn Parker

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Complaint For Declaratory and Injunctive Relief