Schluetter v. Tesla, Inc. ( 2020 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 KOLJA SCHLUETTER, Case No. 19-cv-08235-VKD 9 Plaintiff, ORDER FOR REASSIGNMENT TO 10 v. DISTRICT JUDGE 11 TESLA, INC., Defendant. 12 13 14 Defendant Tesla, Inc. (“Tesla”) removed this action from the Superior Court of the County 15 of Santa Clara and now moves to compel arbitration. Dkt. Nos. 1, 4. Plaintiff Kolja Schluetter 16 has not indicated whether he consents to or declines magistrate judge jurisdiction. 17 All named parties must consent to magistrate judge jurisdiction before a magistrate judge 18 may hear and decide a case. See 28 U.S.C. § 636(c)(1); Williams v. King, 875 F.3d 500, 501-04 19 (9th Cir. 2017) (magistrate judge lacked jurisdiction to dismiss case on initial review because 20 unserved defendants had not consented to proceed before magistrate judge). As it appears that this 21 case requires a decision that could dispose of all of Mr. Schluetter’s claims against Tesla in this 22 forum, and because not all parties have consented to magistrate judge jurisdiction, the matter must 23 be reassigned to a district judge. 24 Accordingly, the Clerk shall reassign this case to a district judge pursuant to the Court’s 25 Assignment Plan. Upon full consent of all parties, this case may be reassigned back to the 26 undersigned magistrate judge. 27 /// 1 IT IS SO ORDERED. 2 || Dated: January 7, 2020 3 «8 4 VIRGINIA K. DEMARCHI 5 United States Magistrate Judge 6 7 8 9 10 11 12 © 15 16 = 17 Z 18 19 20 21 22 23 24 25 26 27 28