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Jade St. Partners, LLC v. Bentley

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Sep 17, 2018
Case No.18-cv-02304-VKD (N.D. Cal. Sep. 17, 2018)

Opinion

Case No.18-cv-02304-VKD

09-17-2018

JADE STREET PARTNERS, LLC, Plaintiff, v. LANCE BENTLEY, et al., Defendants.


ORDER FOR REASSIGNMENT TO A DISTRICT JUDGE

REPORT AND RECOMMENDATION RE STIPULATED JUDGMENT

Re: Dkt. No. 10

Asserting diversity jurisdiction under 28 U.S.C. § 1332, plaintiff Jade Street Partners, LLC ("Jade Street") sues to recover $245,000.00 it says it was fraudulently induced to invest in a supposed project for the purchase and sale of jet fuel. The complaint alleges that Jade Street's claims arise out of a scheme designed and coordinated by the six named defendants: Lance Bentley, Nicholas Ross, Onassis Shores International, LLC ("Onassis Shores"), Fuel Technology International, LLC ("Fuel Technology"), Ross Recruitment Limited and Ross International.

Mr. Bentley, Onassis Shores and Fuel Technology, all of whom are alleged to be Arizona citizens, waived service of the complaint and summons. Dkt. Nos. 7-9. Mr. Ross, Ross Recruitment Limited and Ross International allegedly all reside outside the United States and have not yet been served. See Dkt. Nos. 1, 12, 15.

This Court directed Jade Street to clarify the citizenship of Onassis Shores and Fuel Technology. Dkt. No. 13. In response, Jade Street's counsel submitted a declaration appending records he said he downloaded from the Arizona Corporation Commission's website. Those records identify Mr. Bentley as the sole member or manager of both Onassis Shores and Fuel Technology. --------

Now before this Court is a Stipulation and Proposed Order ("Stipulated Judgment") by Jade Street, Mr. Bentley, Onassis Shores, and Fuel Technology for the entry of judgment in favor of Jade Street and against these three defendants in the amount of $53,331.00. Dkt. No. 10. The stipulating parties also request that the Court retain jurisdiction to enforce the terms of the Stipulation. Id. ¶ 15.

As required by Civ. L.R. 5-1(i)(3), Jade Street's counsel avers that Mr. Bentley, Onassis Shores, and Fuel Technology concur in the filing of the Stipulation. Dkt. No. 10 at 5. Additionally, Jade Street has submitted a Proof of Service indicating that the Stipulation was served on each of these three defendants by mailing a copy of it to a Mesa, Arizona address identified by Mr. Bentley on the executed waivers of service. Dkt. No. 10 at ECF p. 6.

Having reviewed the matter, this Court finds good cause to approve and enter the Stipulation and Proposed Order. However, absent the consent of all parties to proceed before a United States magistrate judge, this Court does not have jurisdiction to issue dispositive orders and must refer the case to a district judge. 28 U.S.C. § 636; Williams v. King, 875 F.3d 500 (9th Cir. 2017). Accordingly, IT IS ORDERED THAT this case be reassigned to a district judge, with the RECOMMENDATION that the Stipulated Judgment by Jade Street, Mr. Bentley, Onassis Shores, and Fuel Technology be approved and entered.

Jade Street is directed to serve defendants with this Report and Recommendation and to file a proof of service with the Court. Any party may serve and file objections to this Report and Recommendation within 14 days after being served. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72; Civ. L.R. 72-3.

IT IS SO ORDERED. Dated: September 17, 2018

/s/_________

VIRGINIA K. DEMARCHI

United States Magistrate Judge


Summaries of

Jade St. Partners, LLC v. Bentley

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Sep 17, 2018
Case No.18-cv-02304-VKD (N.D. Cal. Sep. 17, 2018)
Case details for

Jade St. Partners, LLC v. Bentley

Case Details

Full title:JADE STREET PARTNERS, LLC, Plaintiff, v. LANCE BENTLEY, et al., Defendants.

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Date published: Sep 17, 2018

Citations

Case No.18-cv-02304-VKD (N.D. Cal. Sep. 17, 2018)