Local Rule Civil Rule 73.2: Consent to United States Magistrate Judges in Social Security Cases

Civil Rule 73.2 Consent to United States Magistrate Judges in Social Security Cases a. All cases in which a plaintiff seeks review, pursuant to 42 U.S.C. § 405(g), of a decision by the Commissioner of Social Security, will be randomly assigned to a United States Magistrate Judge initially. However, the Chief Judge may direct the reassignment of cases as necessary to assure a more equitable distribution of the Court's caseload. b. The United States has informed the Court of its general consent to Magistrate Judge jurisdiction in cases of this nature, subject to a reservation of the right to withdraw the consent in unusual cases, and a reservation of the right to withdraw its general consent in the future. Upon the filing of all such cases, the Clerk of Court will direct a Notice of Social Security Case Assignment to all parties that: 1. Notifies the parties the case has been assigned to a Magistrate Judge initially; 2. Confirms that any withdrawal of consent by the United States must be filed no later than the date the United States files the administrative record; 3. Notifies plaintiff and plaintiff's counsel of plaintiff's right to decline to consent to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c), without any adverse consequences to their case; 4. Provides a consent/declination form for plaintiff to complete and advises plaintiff that the executed form must be received by the Clerk of Court within 21 days of the date of the notice; and 5. Advises the parties as to the Court's procedure as set forth below in the absence of plaintiff's consent. c. If a plaintiff timely consents, and if the United States does not timely withdraw consent, the case will be deemed assigned to a Magistrate Judge for all purposes without the necessity of an order of referral. Plaintiff's consent will be to Magistrate Judge jurisdiction generally, and consent will not be revoked if the case is subsequently transferred to the docket of a different Magistrate Judge. d. If a plaintiff does not timely consent, or if the United States timely withdraws its consent, the Clerk of Court will randomly reassign the case to a United States District Judge. Reassigned cases will be referred, pursuant to 28 U.S.C. § 636(b)(l)(B), without further order, to the same Magistrate Judge who was initially drawn to conduct preliminary proceedings, including all pretrial, non-dispositive matters, and to issue a Report and Recommendation to the assigned District Judge, unless the District Judge directs otherwise. e. This General Order 707-A and Local Rule 73.2 supersede General Order 707.