Abittan v. Chao
Abittan v. Chao
Trial Court Opinion
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9
10 ARIEL ABITTAN, Case No. 20-cv-09340-NC 11 Plaintiff, ORDER TO SHOW CAUSE 12 WHETHER A NOMINAL v. DEFENDANT MUST CONSENT 13 TO JURISDICTION LILY CHAO, et al., 14 Defendants. 15 and 16 EIAN LABS, INC., 17 Nominal Defendant. 18
19 20 Pending before the Court are Defendant Temujin Labs Inc. (Delaware)’s motion to 21 dismiss, see ECF 36, and Temujin Labs Inc. (Cayman) and the two individual defendants’ 22 motion to dismiss, see ECF 53. Because the undersigned is a magistrate judge, the Court 23 requires the consent of all parties before it may rule on the Defendants’ motions. See 28
24 U.S.C. § 636(c); see also Williams v. King,
875 F.3d 500(9th Cir. 2017); Shetty v. 25 America’s Wholesale Lender, 735 Fed. App’x 373 (9th Cir. 2018). However, nominal 26 defendant Eian Labs, Inc. has not consented to magistrate judge jurisdiction. Without Eian 27 Labs’ consent, the Court may be required to reassign this case to a District Court Judge. 1 |] jurisdiction to proceed without § 636(c) consent from a nominal party. The parties must 2 || respond to this order within seven days, by June 18, 2021. Alternatively, the parties may 3 || obtain Eian Labs’ consent or declination to magistrate judge jurisdiction. 4 IT IS SO ORDERED. 5 6 Dated: June 11, 2021 hbo ——> _ NATHANAEL M. COUSINS 7 United States Magistrate Judge 8 9 10 11 12
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Reference
- Status
- Unknown