Torres v. Gutierrez et al

Filing 26

NOTICE of This Court's Expedited Trial Setting Procedures Upon Consent of All Parties signed by Magistrate Judge Dennis L. Beck on 1/13/2016. (Jessen, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GUSTAVO TORRES,

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Plaintiff,

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v.

No. 1:15-cv-00575 DLB
NOTICE OF THIS COURT’S EXPEDITED
TRIAL SETTING PROCEDURES UPON
CONSENT OF ALL PARTIES

ARRELLANO et al.,

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Defendants.

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Due to the extraordinarily high case load of the district court judges in this district, trials

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in civil rights actions concerning prison conditions are often conducted by United States

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Magistrate Judges with the consent of all the parties. A trial conducted by a magistrate judge is

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far more likely to proceed on a scheduled trial date. Presently, when a civil trial is set before a

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district judge, any criminal trial which conflicts with the civil trial will take priority, even if the

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civil trial date was set first. Thus, a civil trial set before a district judge is often trailed day to day

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or week to week until the completion of the matter occupying the district court. Consenting to the

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jurisdiction of a magistrate judge for all purposes will generally expedite the resolution of an

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action.

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The parties are therefore reminded of the availability of a United States Magistrate Judge

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to conduct all proceedings in this action. A United States Magistrate Judge is available to

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conduct trials, including entry of final judgment, pursuant to 28 U.S.C. § 636(c), Federal Rule of
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Civil Procedure 73, and Local Rule 305. Any appeal from a judgment entered by a United States

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Magistrate Judge is taken directly to the United States Court of Appeal for the Ninth Circuit.

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If all parties in this action consent to the jurisdiction of a United States Magistrate Judge,

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this Court will immediately schedule a trial setting hearing. The Court will proceed as follows at

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the trial setting hearing:

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1.

Set the matter for trial on a date certain before this Court. Generally, the trial date

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will be scheduled for a date approximately six months after the deadline for the filing of

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dispositive motions;1 and

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2.

By agreement of the parties, vacate any previously set deadlines, such as

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dispositive motion deadlines, if the parties stipulate that such deadlines are unnecessary and the

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parties desire to proceed to trial expeditiously after the closing of the discovery deadlines.

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Consistent with the Federal Rules of Civil Procedure and the Local Rules of the Eastern

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District, if the matter proceeds to trial under this process, the Court will handle the trial just as

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any other civil case which comes before the Court.

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Withholding consent or declining jurisdiction of a United States Magistrate Judge for all

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purposes will have no effect on the merits of a party’s case or have any adverse substantive

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consequences.2 A party may also consent to magistrate judge jurisdiction at any time, even if the

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party has previously declined such jurisdiction.

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IT IS SO ORDERED.

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Dated:
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January 13, 2016

/s/ Dennis

L. Beck

UNITED STATES MAGISTRATE JUDGE

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See Court’s Discovery and Scheduling Order for dispositive motion deadlines. Setting a trial
date approximately six months after the deadline affords a period for a response/reply to the
dispositive motion, and consideration of the motion by the court; if claims remain after a decision
on the dispositive motion, a schedule will be set for motions in limine, pre-trial statements,
motions for incarcerated witnesses, and motions for payment of unincarcerated witness fees, all
prior to the first day of trial.
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Even if the parties decline consent, under Local Rule 302 the assigned magistrate judge will still
conduct a number of pretrial matters.
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