The Law Offices of Andrew D. Fortney, Ph.D., P.C. et al v. United States Patent Trademark Office et al
Filing
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ORDER to vacate 10 Motion to Dismiss hearing, term Motion and File Consent Form, signed by District Judge Lawrence J. O'Neill on 11/14/2011. (Kusamura, W)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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THE LAW OFFICES OF ANDREW
D. FORTNEY, PH.D., P.C., et al.,
CASE NO. CV F 11-1451 LJO DLB
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ORDER TO VACATE HEARING, TERM
MOTION AND FILE CONSENT FORM
(Doc. 10.)
Plaintiffs,
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vs.
UNITED STATES PATENT AND
TRADEMARK OFFICE, et al.,
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Defendants.
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/
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On October 26, 2011, defendants filed their F.R.Civ.P. 12(b)(1), (3) motion to dismiss plaintiffs’
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original complaint and set a November 30, 2011 hearing. On November 10, 2011, plaintiffs filed their
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first amended complaint as a matter of course under F.R.Civ.P. 15(a)(1). Plaintiffs also filed their form
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to consent to the conduct of all further proceedings by a U.S. Magistrate Judge. As such, this Court:
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1.
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moot the pending F.R.Civ.P. 12(b)(1), (3) motion to dismiss;
2.
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VACATES the November 30, 2011 hearing in that the first amended complaint renders
DIRECTS the clerk to term the F.R.Civ.P. 12(b)(1), (3) motion (doc. 10). This Court
will take no further action on the F.R.Civ.P. 12(b)(1), (3) motion; and
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ORDERS defendants, no later than November 22, 2011, to file papers to indicate
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whether they consent to the conduct of all further proceedings by a U.S. Magistrate
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Judge.
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Due to having the heaviest district court caseload in the nation, limited Court resources, and the
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need to prioritize criminal and older civil matters over newly filed actions, this Court ADMONISHES
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defendants to consent to the conduct of all further proceedings by a U.S. Magistrate Judge. This Court
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has far more U.S. Magistrate Judges than U.S. District Court Judges, who carry far heavier caseloads
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than U.S. Magistrate Judges, who have greater flexibility and time to devote to civil matters. Without
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such consent, this Court is unable to commit to address this action to meet the parties’ needs and
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expectations.
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A consent form is available on the Court’s website www.caed.uscourts.gov by checking the
Clerk’s Office link or by telephoning the Clerk’s Office at (559) 499-5600 or (559) 499-5601.
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IT IS SO ORDERED.
Dated:
66h44d
November 14, 2011
/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE
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