Local Rule LCvR 40.1: Assignment and Distribution of Cases
E.D. Okla. — Civil rule
LCvR 40.1 Assignment and Distribution of Cases.
(a) Random Assignment in Criminal Cases. Criminal cases shall be assigned to district judges according to a system based on random selection both for initial assignment and for assignment in the event of recusal. The system of random case assignment, distribution of cases, and rotating supervision of the Grand Jury shall be determined by the Court.
(b) Random Assignment in Civil Cases. Civil cases shall be assigned to district judges, senior district judges and magistrate judges according to a system based on random selection: (i) for the initial assignment of cases; (ii) for the reassignment of any case in the event of recusal; (iii) for the reassignment of any case initially assigned to a magistrate judge after the election of the district judge option by any party, as set forth in subsection (c) below; and, (iv) for the reassignment to a magistrate judge of any case initially assigned to a district judge after all parties have consented pursuant to 28 U.S.C. § 636(c). The system of random case assignment and distribution of cases shall be determined by the Court.
(c) Civil Cases Initially Assigned to a Magistrate Judge. In any civil case initially assigned to a magistrate judge, the clerk shall provide the parties with forms for consent pursuant to 28 U.S.C. § 636(c) or, in the alternative, the election of the district judge option. Until all parties have consented, or until any party has elected the district judge option, the assigned magistrate judge shall by designation pursuant to 28 U.S.C. § 636(b)(l)(A) exercise the authority of the District Court to conduct all non-dispositive proceedings and to enter all orders on such matters. This authority shall terminate upon reassignment of the case to a district judge upon election by any party of the district judge option.
(d) Companion Cases. Upon the filing of companion cases (i. e., cases involving the same transaction regardless of the parties thereto), the parties shall promptly notify the assigned judges. Those judges shall determine whether the cases are in fact companions and whether a transfer is in order, in which event the cases shall be transferred to the judge assigned to the earliest case.