Whispering Oaks Residential Case Facility LLC v. Travelers Property Casualty Company of America

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 NAREN CHAGANTI, et al., Case No. 19-cv-07493-VKD

9 Plaintiffs,

ORDER FOR REASSIGNMENT TO A

10 v. DISTRICT JUDGE

11 TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, et al., 12 Defendants.

13 14 Defendant Travelers Property Casualty Company of America’s (“Travelers”) has moved to 15 dismiss for failure to state a claim, or alternatively for a more definite statement. Dkt. No. 10. 16 Plaintiffs have moved to remand this action to state court. Dkt. No. 16. Although plaintiffs and 17 Travelers have appeared and consented to proceed before a magistrate judge (Dkt. Nos. 8, 17), 18 individual defendants Joseph Tancredy and Robert Killingsworth have not yet been served,1 have 19 not appeared, and have not consented. See Dkt. No. 15. 20 Absent the consent of all parties, this Court does not have jurisdiction over this matter and 21 must refer the case to a district judge. 28 U.S.C. § 636; Williams v. King, 875 F.3d 500 (9th Cir. 22 …