Fitch v. Galland
Filing
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ORDER DIRECTING DEFENDANTS to Consider Magistrate Judge Jurisdiction, signed by Magistrate Judge Jennifer L. Thurston on 11/17/2016. (Hall, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOEY FITCH,
Plaintiff,
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v.
JOSEPH GALLAND, et al.,
Defendants.
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Case No.: 1:16-cv-00489 - DAD - JLT
ORDER DIRECTING DEFENDANTS TO
CONSIDER MAGISTRATE JUDGE
JURISDICTION
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The United States District Judges for the Fresno Division of the Eastern District of California
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carry the heaviest caseloads in the nation and who must prioritize criminal and older civil cases over
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more recently filed civil cases. Consequently, the Fresno Division, whenever possible, is utilizing
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United States Article III District Court Judges from throughout the nation as Visiting Judges. Pursuant
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to the Local Rules, Appendix A, such reassignments will be random, and the parties will receive no
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advance notice before their case is reassigned to an Article III District Court Judge from outside of the
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Eastern District of California.
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In addition, the availability of United States Magistrate Judges is far more realistic and
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accommodating to parties than that of the District Judges. A Magistrate Judge may conduct trials,
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including entry of final judgment, pursuant to 28 U.S.C. ยง 636(c), Federal Rule of Civil Procedure 73,
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and Local Rule 305. Any appeal from a judgment entered by a Magistrate Judge is taken directly to
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the United States Court of Appeal for the Ninth Circuit.
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Plaintiff previously indicated her willingness to consent to the jurisdiction of the assigned
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Magistrate Judge. (Doc. 7) Therefore, Defendants are directed to consider whether they will consent
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for the Magistrate Judge to conduct all further proceedings, including trial. Within 10 days of the
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date of this order, counsel SHALL file a consent/decline form (provided by the Court at the inception
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of this case) indicating whether they will consent to the jurisdiction of the Magistrate Judge.
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IT IS SO ORDERED.
Dated:
November 17, 2016
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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