Local Rule DUCivR 72-1: MAGISTRATE JUDGE AUTHORITY AND FUNCTION IN CIVIL CASES

DUCivR 72-1 MAGISTRATE JUDGE AUTHORITY AND FUNCTION IN CIVIL CASES

(a) General Authority.

(1) A magistrate judge is authorized to perform the duties prescribed by federal statutes and regulations, the Federal Rules of Civil Procedure, and these local rules.

(2) Unless the court directs otherwise, a magistrate judge is authorized, with or without a referral, to:

(A) grant applications to proceed without prepayment of fees;

(B) authorize levy, entry, search, and seizure requested by authorized agents of the Internal Revenue Service under 26 U.S.C. § 6331 upon a determination of probable cause;

(C) conduct supplemental proceedings in accordance with Fed. R. Civ. P. 69, including:

(i) hold hearings to determine judgment debtor's property;

(ii) issue writs;

(iii) temporarily restrain a judgment debtor from selling, transferring, or disposing of the property or asset;

(iv) hold hearings and make recommendations to the district judge on substantive issues including the liability of a party under a writ of garnishment or execution;

(D) issue orders directing funds—

(i) to be paid into the registry of the court;

(ii) to be paid out of the registry on the parties' consent under 28 U.S.C. § 636(c) and DUCivR 72-3; and

(E) perform all duties specified in the Federal Debt Collection Procedures Act, 28 U.S.C. §§ 3001 through 3308;

(F) issue orders authorizing alternative service;

(G) conduct initial scheduling conferences under Fed. R. Civ. P. 16, enter stipulated scheduling orders, and grant or deny stipulated motions to amend scheduling orders;

(H) conduct all pretrial proceedings contemplated by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72 in cases assigned under DUCivR 72-3 and 83-2; and

(I) issue subpoenas, writs of habeas corpus ad testificandum, and other orders necessary to secure the presence of parties, witnesses, or evidence for court proceedings.

(b) Authority Under Fed. R. Civ. P. 72(a).

On reference under 28 U.S.C. § 636(b)(1)(A) and Fed. R. Civ. P. 72(a), a magistrate judge is authorized to hear and determine any procedural motion, discovery motion, or other non-dispositive motion.

(c) Authority Under Fed. R. Civ. P. 72(b).

(1) On reference under 28 U.S.C. § 636(b)(1)(B) and Fed. R. Civ. P. 72(b), a magistrate judge is authorized to prepare and submit to the district judge a report containing proposed findings of fact and recommendations for disposition of motions:

(A) for injunctive relief including temporary restraining orders and preliminary and permanent injunctions;

(B) for judgment on the pleadings;

(C) for summary judgment;

(D) to dismiss;

(E) for default judgments; and

(F) for judicial review of an administrative agency decision, including an award or denial of a license, benefits under the Social Security Act, or a similar privilege.

(2) A magistrate judge may determine any preliminary matter and conduct any necessary evidentiary hearing or other proceeding arising in the exercise of the authority under DUCivR 72-1(c)(1).

(d) Authority to Function as Special Master.

Under 28 U.S.C. § 636(b)(2) and Fed. R. Civ. P. 53, the court may designate a magistrate judge to serve as a special master with the parties' consent.