Benavides, Jr. v. Wells Fargo Bank, N.A.

Western District of Texas, txwd-5:2019-cv-01335

NON-CONSENT to Trial by US Magistrate Judge by Wells Fargo Bank, N.A.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION JUAN BENAVIDES, JR., § § Plaintiff, § § v. § CIVIL ACTION NO. 5:19-CV-01335-XR § WELLS FARGO BANK, N.A., § § Defendant. § DEFENDANT'S ADVISORY TO THE CLERK OF COURT Defendant Wells Fargo Bank, N.A. ("Wells Fargo" or "Defendant") in the above-captioned case elects as follows: _____ I consent to proceed before a United States Magistrate Judge in accordance with provisions of Title 28 U.S.C. Section 636. Defendant in the above-captioned case waives the right to proceed before a United States District Judge and consents to have a United States Magistrate Judge conduct any and all further proceedings in this case, including rendering a decision, and to order the entry of final judgment. Any appeal shall be taken to the United States Court of Appeals for the Fifth Circuit in accordance with Title 28 U.S.C. Section 636(c)(3). __X__ I do not consent to proceed before a United States Magistrate Judge. Defendant in the above-captioned case elects not to have this case decided by a United States Magistrate Judge and prefers that this case proceed before the United States District Judge. 1 Respectfully Submitted, /s/ Elizabeth Hayes B. David L. Foster Texas Bar No. 24031555 dfoster@lockelord.com 600 Congress Ave., Suite 2200 Austin, Texas 78701 (512) 305-4700 (512) 305-4800 (Facsimile) Robert T. Mowrey State Bar No. 14607500 rmowrey@lockelord.com Elizabeth Hayes Texas Bar No. 24069001 elizabeth.hayes@lockelord.com 2200 Ross Avenue, Suite 2800 Dallas, Texas 75201-6776 (214) 740-8000 (214) 740-8800 (facsimile) ATTORNEYS FOR DEFENDANT CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served as indicated on this 2nd day of January, 2020, to the following: VIA ECF Robert C. Newark, III A Newark Firm 1341 W. Mockingbird Lane, Suite 600W Dallas, Texas 75247 Attorney for Plaintiff /s/ Elizabeth Hayes Elizabeth Hayes 2