Local Rule LR 73.01: CONDUCT OF TRIALS AND DISPOSITION OF CIVIL CASES BY MAGISTRATE JUDGES UPON CONSENT OF THE PARTIES

LR 73.01 – CONDUCT OF TRIALS AND DISPOSITION OF CIVIL CASES BY MAGISTRATE JUDGES UPON CONSENT OF THE PARTIES

(a) Consent. Upon the consent of the parties and the entry of an order of transfer by a District Judge, Magistrate Judges are hereby specifically designated, pursuant to 28 U.S.C. § 636(c), to conduct trials and otherwise dispose of any civil case that is filed in this Court. If all parties consent to referral of the case to a Magistrate Judge, all parties should complete the Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form available on the court's website under the link to forms. The Notice form should be completed only if all parties consent, and one completed form should be filed via CM/ECF. After an order of reference is entered in a case, a Magistrate Judge may conduct any and all proceedings in the case, including the conduct of a jury or non-jury trial, and may order the entry of a final judgment in accordance with 28 U.S.C. § 636(c), and Fed. R. Civ. P. 73. In the course of conducting such proceedings, a Magistrate Judge may hear and determine any pre- trial and post-trial motions, including case-dispositive motions.

(b) Vacating an Order of Reference. Once an order of reference has been entered, no party may withdraw consent. An order of reference may be vacated by a District Judge upon the Judge's own motion, for good cause shown, or upon motion of a party who can demonstrate extraordinary circumstances.

(c) Additional Party After Reference.

(1) In the event an additional party is brought in or joined in a civil action referred to a Magistrate Judge, the party bringing in or joining an additional party must additionally cause a copy of the consent form to be served on each additional party. Counsel for all parties must then confer and must file a new consent form, if all parties agree. The new form must be filed within thirty (30) days after the appearance of such additional party.

(2) If the parties fail to timely file a form consenting to further proceedings before the Magistrate Judge, the Magistrate Judge shall return the case file to the referring District Judge for the entry of an order vacating the order of reference. If all parties consent to further proceedings before the Magistrate Judge, then the order of reference previously entered remains valid and binding without the necessity of entry of another order by the District Judge.