Local Rule General L. R. 3: Assignment of Cases

General L. R. 3. Assignment of Cases.

(a) Civil Cases.

(1) When an action is filed, except as otherwise provided by general order of the Court, the case must be randomly assigned to a district judge or a magistrate judge. The Clerk of Court will provide the party filing the action with a form advising all parties of their right to consent to the exercise of jurisdiction by a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). The plaintiff must serve each defendant with a consent form. In the case of actions removed from state court, the defendant must serve each other party with a consent form. Each party to the action must file the completed consent form with the Clerk of Court within 21 days after service of the form.

(2) In cases assigned to a district judge, a magistrate judge also will be assigned. If the parties consent to the magistrate judge's jurisdiction pursuant to 28 U.S.C. § 636(c), the district judge may refer the case to the magistrate judge by written order, and the parties will be notified of such reference by the Clerk of Court. Whether or not the parties have consented to the reference of the case to the magistrate judge, the district judge assigned to the case may designate the magistrate judge to perform any of the duties authorized by 28 U.S.C. § 636 or by these Local Rules, including conducting alternative dispute resolution (ADR) procedures.

(3) The Court may by general order require the Clerk of Court to refer certain categories of the district judges' cases to the magistrate judges for pretrial processing as specified in the order.

(b) Criminal Cases. Upon the return of an indictment or the filing of an information, all felony criminal cases will be assigned by a method of random allocation to a district judge and a magistrate judge of this Court.