Local Rule Rule 40.2: ASSIGNMENT OF CASES

Rule 40.2 ASSIGNMENT OF CASES

(a) Assignment of Cases. It is the policy of this Court to provide for the assignment of cases among the district judges and full-time magistrate judges of this District by random selection through the electronic case assignment system. Please see Administrative Order 2014-03: https://www.wyd.uscourts.gov/sites/wyd/files/General_Order_re_Direct_Assignment_of_Civil_Cases_to_MJs.pdf . In order to provide for parity of work among the active judges of this District, the following procedures shall apply:

(1) Filing and Assignment of Civil Cases.

(A) In compliance with Local Rule 3.1, a civil cover sheet shall be submitted at the commencement of each civil action (excluding pro se litigants). The civil cover sheet shall indicate whether the case is related to any other action pending or terminated within the previous twelve (12) months and the nature of the relationship. If no relationship is indicated, the case shall be assigned as provided in paragraph (i) below. If a relationship is indicated, the case shall be assigned as provided in paragraph (ii) below.

(i) The Clerk of Court shall maintain a computerized case assignment system for the random selection and assignment of civil cases to district judges in an equal apportionment for each judge, except as may be determined by the Chief Judge.

(ii) If a relationship is indicated to a pending case or one terminated within the previous twelve (12) months, the Clerk of Court shall notify the judge assigned to the earlier related case or cases. That judge shall promptly review the relationship and notify the Clerk of Court for random assignment, if there is no relationship. If the judge determines a relationship exists, the case shall be assigned to that judge.

(2) Filing and Assignment of Appeals. Appeals from decisions of magistrate judges and bankruptcy judges, in previously unassigned cases, shall be assigned to district judges, in accordance with these procedures.

(3) Emergency Case Filings. In cases of an emergency nature requiring immediate action by a judge, the Clerk of Court shall determine the availability of a judge to act. Once a judge has acted, he or she shall promptly return the case to the Clerk of Court for assignment or advise the Clerk of Court that he or she intends to keep the case.

(4) Recusal and Disqualification of a Judge. Recusal and disqualification of a judge shall be by formal order. Upon recusal or disqualification, the Chief Judge shall order the case reassigned.

(5) It shall be the responsibility of the Chief Judge to review, at least annually, the pending caseloads of the judges in service and to suggest reassignment when it is determined that there is an imbalance which is adversely affecting litigants. In considering the question of such reassignment, this Court will consider the categories of cases for which Congress has mandated priorities. All reassignments or transfers of cases from one judge to another shall be made only with the approval of the Chief Judge.

(b) Case Assignment Reports. At the end of each month, the Clerk of Court shall prepare a report showing the number of cases assigned to and pending before each judge, and such other information as the Chief Judge may direct.