Local Rule D.C.COLO.LCivR 40.1: ASSIGNMENT OF CASES

D.C.COLO.LCivR 40.1 ASSIGNMENT OF CASES

(a) Assignment in General. Except as provided in this rule and under D.C.COLO.LCivR 8.1 and Section IV - AP Rules, civil actions shall be assigned to judicial officers by random draw. Work parity shall be maintained among active district judges and among full-time magistrate judges, provided that a majority of active district judges may adjust the assignment of cases to the Chief Judge as may be necessary for the performance of the duties of that office, and may, for good cause, approve special assignment or reassignment of cases among the judicial officers of the court. All other reassignments of cases shall be subject to the approval of the Chief Judge.

(b) Random Draw by Computer. The clerk shall maintain a computerized program to achieve work parity among judicial officers through random and public assignment of new cases. A senior judge may decline assignment of cases and, on notice to the Chief Judge, limit participation in the random draw by a stated percentage.

(c) Direct Assignment to Magistrate Judges.

(1) All full-time magistrate judges shall be included in the assignment of civil actions under Subdivision (a), subject to the other provisions of this rule.

(2) The following civil actions shall not be assigned directly to a magistrate judge:

(a) a civil action in which a motion for injunctive relief is filed;

(b) a civil action brought under 28 U.S.C. § 2255 if the sentencing judge is still in regular active service or is rendering substantial assistance as a senior judge;

(c) a civil action or proceeding brought under or related to Title 11, United States Code;

(d) a civil action in which an order of referral has been filed; and

(e) any other civil action excluded from direct assignment by a majority of the district judges.

(3) The following civil actions, by way of example only, although initially assigned directly to a magistrate judge, shall be reassigned to a district judge:

(a) an action in which a motion for default judgment is filed;

(b) an action which on initial review should be dismissed or administratively closed, unless there is consent; or

(c) an action identified by a majority of the district judges or subject to reassignment under Subdivision (a).

(4) On the filing of a civil action eligible for direct assignment to a magistrate judge, the clerk shall deliver to the plaintiff(s) the Consent/Non-Consent to United States Magistrate Judge Jurisdiction form HERE, which the plaintiff(s) shall attach to the summons and serve on the defendant(s). Failure to serve the Consent/Non-Consent to United States Magistrate Judge Jurisdiction form shall not affect the validity of service of process or personal jurisdiction over a defendant. Unless otherwise ordered, each party shall complete and file the Consent/Non-Consent to United States Magistrate Judge Jurisdiction form no later than (a) seven days before the scheduling conference, if any; or (b) 45 days after the filing of the first response, other than an answer, to the operative complaint, whichever is earlier. Filing of the Consent/Non-Consent to United States Magistrate Judge Jurisdiction form is mandatory.

(5) Consent to magistrate judge jurisdiction is voluntary, and no adverse consequence shall result if consent is declined.

(6) In a civil action assigned directly to a magistrate judge, if all parties consent to magistrate judge jurisdiction, the magistrate judge shall notify the Chief Judge or his/her designee, who shall determine whether to enter an order of reference under 28 U.S.C. § 636(c).

(7) Any party added to the civil action after reference to a magistrate judge shall be notified by the clerk of the obligation to complete and file the mandatory Consent/Non-Consent to United States Magistrate Judge Jurisdiction form. If any added party does not consent to magistrate judge jurisdiction within 21 days from the date of the notice, the civil action shall be assigned to a district judge under D.C.COLO.LCivR 40.1(a), and the magistrate judge shall continue on the case as if consent had been declined initially.

(8) If consent to magistrate judge jurisdiction is declined by any party, no order of reference is entered or the order of reference is vacated, the civil action shall be assigned to a district judge under D.C.COLO.LCivR 40.1(a), and the magistrate judge shall continue on the case as if consent had been declined initially.

(9) The Chief Judge or his/her designee may sua sponte for good cause or on motion of a party for extraordinary circumstances vacate the order of reference.

(10) A case assigned directly to a magistrate judge in which there is consent may be assigned randomly to another magistrate judge to conduct an early neutral evaluation or other alternative dispute resolution proceeding under D.C.COLO.LCivR 16.6.

(11) If after direct assignment, a magistrate judge recuses and the action is assigned to another magistrate judge, each party shall complete a Consent/Non-Consent to United States Magistrate Judge Jurisdiction form no later than (a) 21 days after assignment to the successor magistrate judge; or (b) the deadline imposed in Paragraph 4, whichever is later.

(d) Special Assignment.

(1) If an unrepresented party in a new case already has a case pending or had a case terminated within 12 months of the new filing, the new case shall be assigned to the judicial officers who were assigned the earlier case.

(2) Once a bankruptcy appeal or motion to withdraw the reference has been assigned to a district judge by random draw, any case subsequently filed concerning the same debtor in bankruptcy shall be assigned to the same district judge.

(3) On filing a civil forfeiture proceeding, the United States Attorney shall notify the clerk in writing when a potential claimant is a defendant in a pending criminal case. The civil action shall be assigned to the judicial officer to whom the criminal case is assigned.

(4) A new case that is related under D.C.COLO.LCivR 3.2 to a pending case may be assigned to the same judicial officers:

(A) by reassignment on a majority vote of the active district judges under D.C.COLO.LCivR 40.1(a);

(B) by reassignment with approval of the Chief Judge under D.C.COLO.LCivR 40.1(a); or

(C) by entry of an order granting a motion to consolidate under Fed. R. Civ. P. 42(a) and D.C.COLO.LCivR 42.1.

(5) If a case that has been remanded is removed again, the case shall be assigned to the judicial officers who were assigned the case initially.

(6) A party may not seek a reassignment under Paragraph (d)(4) or D.C.COLO.LCivR 3.2.

(e) "AP" Cases. On the filing of an AP case, the clerk shall assign a case number without random selection to any district judge designated by the Chief Judge for pre-merits management under Section IV of these rules.

(f) Recusal. Recusal of an active judicial officer shall be by written order stating the reasons.

(g) Adjustments. On recusal under this rule or D.C.COLO.LCivR 42.1, the clerk shall adjust the computerized program to maintain work parity among active district judges and among full-time magistrate judges.