Local Rule RULE 72.2: PROCEDURES BEFORE MAGISTRATE JUDGES

RULE 72.2 PROCEDURES BEFORE MAGISTRATE JUDGES (See 28 U.S.C. § 636, et seq.; Fed. R. Civ. P. 72, 73)

(a) In General In performing his/her/their duties, a Magistrate Judge shall conform to all applicable provisions of federal statutes and rules, to the general procedural rules of this Court, and to the requirements specified in any order of reference from a District Judge. All practice before a Magistrate Judge shall be in accordance with these Local Rules.

(b) Special Provisions for the Disposition of Civil Cases by a Magistrate Judge on Consent of the Parties - 28 U.S.C. § 636(c)

(1) Notice Pursuant to Administrative Order as from time to time amended by the Court, the Clerk of Court shall notify the parties in certain categories of civil cases that they may consent to have a Magistrate Judge conduct any or all proceedings in the case and order the entry of a final judgment. The Clerk of Court's notification will set applicable deadlines and will include a form regarding consenting or declining to consent to Magistrate Judge jurisdiction.

(2) Execution of Consent Each party must file its completed consent form, indicating consent or non-consent to proceed before a Magistrate Judge, in the manner directed by the Court. The executed consent forms will be filed under seal and will be unsealed only if all parties consent to proceed before a Magistrate Judge. No Magistrate Judge, District Judge, or other court official may attempt to persuade or induce any party to consent to the reference of any matter to a Magistrate Judge. This Rule shall not preclude a District Judge or Magistrate Judge from informing the parties that they have the option of consenting to a Magistrate Judge.

(3) Consent Once a case has been assigned to a Magistrate Judge on consent of the parties, the Magistrate Judge shall have the authority to conduct all proceedings to which the parties have consented and to direct the Clerk of Court to enter a final judgment in the same manner as if a District Judge had presided. The parties cannot seek review and appeal of a Magistrate Judge decision from a District Judge once a case has been assigned to a Magistrate Judge on consent of the parties.

(4) Reassignment of Cases The Clerk of Court may reassign cases as is necessary to ensure compliance with federal law, local rules, and administrative orders.