Sutherland v. Yates et al
NOTICE to Parties Regarding Impacted Trial Calendar and Unavailability of Consent to U.S. Magistrate Judge Jurisdiction; ORDER for Clerk to Send Plainiff a Consent/Decline Form, signed by District Judge Lawrence J. O'Neill on 9/29/14. (Verduzco, M)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CORRECTIONAL OFFICERS A.
FERNANDO AND M. JERICOFF,
NOTICE TO PARTIES REGARDING
IMPACTED TRIAL CALENDAR
AND AVAILABILITY OF CONSENT
TO U. S. MAGISTRATE JUDGE
ORDER FOR CLERK TO SEND
PLAINTIFF A CONSENT/DECLINE
This matter is currently set for jury trial before U.S. District Judge Lawrence J. O’Neill
on January 6, 2015, and Plaintiff has declined to consent to U.S. Magistrate Judge jurisdiction.
The parties are hereby notified of the following regarding Judge O’Neill’s impacted trial
calendar and its potential effect on their trial date.
Judges in the Eastern District of California carry the heaviest caseload in the nation, and
this Court is unable to devote inordinate time and resources to individual cases and matters.
Judge O’Neill must adhere to strict scheduling to best manage his burdensome caseload
approaching 2,000 cases.
Civil trials set before Judge O'Neill may trail until he becomes available and are subject
to suspension mid-trial to accommodate criminal matters. Civil trials are no longer reset to a
later date if Judge O'Neill is unavailable on the original date set for trial. If a trial trails, it may
proceed with little advance notice, and the parties and counsel may be expected to proceed to
trial with less than 24 hours notice. Moreover, this Court’s Fresno Division randomly and
without advance notice reassigns civil actions to U.S. District Judges throughout the nation to
serve as visiting judges. In the absence of Magistrate Judge consent, this action is subject to
reassignment to a U.S. District Judge from outside the Eastern District of California.
Case management difficulties, including trial setting and interruption, are avoided if the
parties consent to conduct of further proceedings by a U.S. Magistrate Judge. This Court
recognizes that Plaintiff has filed a form declining Magistrate Judge jurisdiction.1 However,
given the gravity of Judge O’Neill’s inability to commit to trials, Plaintiff is encouraged to
reconsider Magistrate Judge consent. The Clerk shall send Plaintiff a form for consent to or
decline of Magistrate Judge jurisdiction.
IT IS SO ORDERED.
/s/ Lawrence J. O’Neill
September 29, 2014
UNITED STATES DISTRICT JUDGE
Plaintiff filed a decline of U.S. Magistrate Judge jurisdiction on September 10, 2014, and Defendants
filed a consent on September 25, 2014. (Docs. 103, 105.)
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