Local Rule General L.R. 73: Duties Under 28 U.S.C. § 636(c)

General L.R. 73. Duties Under 28 U.S.C. § 636(c)

(a) Authorized Duties. The Magistrate Judges in this District are designated to exercise the jurisdiction and authority provided by 28 U.S.C. § 636(c) upon the expressed consent of all parties and may conduct any or all proceedings, including a jury or non-jury trial, in a civil case.

(b) Transfer of Civil Cases to Magistrate Judges. In any case assigned to a District Judge pursuant to Civil Local Rule 3(b), if the parties consent to the Magistrate Judge's jurisdiction pursuant to 28 U.S.C. § 636(c) and follow the procedure set forth in General Local Rule 73(c)(4), the District Judge may refer the case to the Magistrate Judge by written order.

(c) Direct Assignment of Civil Cases to Magistrate Judges. The Clerk shall randomly assign to the full-time Magistrate Judges a percentage of the Court's total civil docket in an effort to enhance the opportunity for litigants to more fully utilize the services of the Magistrate Judges. The specific percentage of cases referred shall be set by the District Judges and may be changed from time to time in their discretion. The following procedure applies:

(1) The Clerk shall establish a method of randomly selecting civil cases for reference to the Magistrate Judges of this District. Once identified, the cases shall be referred to all Magistrate Judges on an equal rotation basis, with the total number referred not exceeding the percentage established by the District Judges.

(2) When an action is referred to a Magistrate Judge pursuant to this Rule, the Clerk shall notify all parties who have appeared by sending a Notice of Assignment of Case to a Magistrate Judge for Trial. In accordance with Fed. R. Civ. P. 4 and 5, it shall be the responsibility of Plaintiffs to immediately serve a copy of this Notice on those parties named as Defendants but who have not appeared.

(3) Prior to formal reference under sub-paragraph (4) of this Rule, any party to a referred action may obtain reassignment to a District Judge by sending the Clerk a Request for Reassignment to a United States District Judge for Trial and Disposition. The Clerk shall keep such requests confidential, and the identity of any party seeking reassignment shall not be revealed to either the District Judge or the Magistrate Judge. All parties are free to obtain reassignment in accordance with this sub-paragraph without the imposition of any adverse consequences.

(4) Should all parties in a referred action agree to authorize a Magistrate Judge to exercise consent jurisdiction, they shall execute and file a joint form of consent that complies with the requirements of the Consent to Exercise of Jurisdiction by a United States Magistrate Judge (Appendix of Forms). Upon the filing of this form, the action shall be referred to the appropriate District Judge for the entry of a formal reference, signifying his or her final approval of the reference.

(5) If the parties do not execute and file a joint consent form prior to the deadline established by the Magistrate Judge, the Clerk will reassign the action to a District Judge.

(6) In his or her discretion, the Magistrate Judge to whom any action is referred may order reassignment sua sponte. If, during the pendency of an action referred to a Magistrate Judge pursuant to this Rule, it is discovered that all parties have not executed a consent form and, further, that all parties have not agreed to consent jurisdiction, the action shall be reassigned.

(d) Appeals. In actions referred to the Magistrate Judges, they shall conduct all further proceedings, including a jury or non-jury trial, and shall order the entry of a final judgment in accordance with 28 U.S.C. § 636(c). Any appeal of a judgment entered by a Magistrate Judge in consent actions shall be taken directly to the Eleventh Circuit Court of Appeals as required by 28 U.S.C. § 636(c)(3).