Local Rule LR Gen 105: ASSIGNMENT OF CASES

LR Gen 105 ASSIGNMENT OF CASES

(a) New Cases.

(1) In General. Except as otherwise provided in (a)(2) and (a)(4) of this Rule, the Clerk shall randomly assign each new case to a district judge and a magistrate judge in a manner that evenly distributes the cases among them by type of classification as provided under LR Cv 5(b) or LR Cr 57(b).

(2) Related Cases. A civil or criminal case which the cover sheet indicates, or which the Clerk believes may be related to a case previously filed in this Court, shall be provisionally assigned to the judge to whom the related case was assigned. If the judge to whom the case is provisionally assigned determines that the case is not closely related, the judge shall return the case to the Clerk for random assignment as provided in (a)(1) of this Rule.

(3) Re-filed Cases. A civil or criminal case that appears to involve substantially the same parties and issues as a case or proceeding that previously was brought in this Court and dismissed or otherwise terminated shall be provisionally assigned to the judge who originally was assigned the prior case or proceeding, or if already assigned, shall be transferred to the judge who originally was assigned the prior case or proceeding.

(4) Assignment of Civil Cases to Magistrate Judges. The Clerk shall randomly assign certain types of civil cases identified by the Court among district judges and full-time magistrate judges. If a magistrate judge is randomly assigned such a civil case as the presiding judge, they shall conduct all proceedings, including a jury or non-jury trial, and order the entry of judgment in the case. Such assignments are subject to the provisions of Fed. R. Civ. P. 73 and LR Cv 73, and require consent of the parties. Any case for which all parties do not consent will be reassigned pursuant to (a)(1) of this Rule.*[See Comment, end of Rule]

(5) Wiretaps. Applications seeking approval to intercept wire communications pursuant to 18 U.S.C. § 2516 shall be assigned to the Chief Judge. If the Chief Judge is unavailable, the application shall be randomly assigned to another district judge.

(b) Remanded Cases. Any case remanded to this Court for a new trial shall be reassigned to a judge other than the judge to whom the case previously was assigned. All other cases remanded to this Court shall be reassigned to the judge to whom the case was previously assigned, unless that judge determines that the interests of justice require that the case be assigned to a different judge.

(c) Emergency Matters. If immediate action is required with respect to some matter in a case and the judge to whom the case has been assigned is unavailable or otherwise unable to address that matter, the Clerk shall refer that matter to the Chief Judge. If the Chief Judge is unavailable, the Clerk shall present the matter to the next most senior active judge who is available to hear it. The judge to whom such matter is referred shall act only to the extent necessary to meet the immediate need, and only until the judge to whom the case was assigned becomes available to hear it. If a judge to whom such a matter is referred determines that no immediate action is required, the request for immediate action shall not thereafter be presented to another judge.

(1) After Hours Filings. Counsel anticipating a possible need for an emergency filing, or emergency action by the Court, or both, during a period when the Clerk's Office is ordinarily closed should consult with the Clerk's Office at the earliest opportunity during normal business hours to make arrangements. A filing user should not expect that a filing made through ECF will be addressed outside normal business hours unless the filer contacts the Clerk's Office in advance to make special arrangements.

Effective 4/1/24: §(a)(5) added. Effective 12/1/17: §(a)(1) and (2) amended; §(a)(4) added. Effective 12/2/13: §(c)(1) added.

*COMMENT For more information about the types of civil cases eligible for random assignment to a magistrate judge, please consult the Court's website.

CROSS-REFERENCES See LR Cv 9.1 (Notice of Related Actions or Proceedings).