Fitch v. Galland

Filing 30

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOEY FITCH, Plaintiff, 12 13 14 15 v. JOSEPH GALLAND, et al., Defendants. 16 ) ) ) ) ) ) ) ) ) ) Case No.: 1:16-cv-00489 - DAD - JLT ORDER DIRECTING DEFENDANTS TO CONSIDER MAGISTRATE JUDGE JURISDICTION 17 The United States District Judges for the Fresno Division of the Eastern District of California 18 carry the heaviest caseloads in the nation and who must prioritize criminal and older civil cases over 19 more recently filed civil cases. Consequently, the Fresno Division, whenever possible, is utilizing 20 United States Article III District Court Judges from throughout the nation as Visiting Judges. Pursuant 21 to the Local Rules, Appendix A, such reassignments will be random, and the parties will receive no 22 advance notice before their case is reassigned to an Article III District Court Judge from outside of the 23 Eastern District of California. 24 In addition, the availability of United States Magistrate Judges is far more realistic and 25 accommodating to parties than that of the District Judges. A Magistrate Judge may conduct trials, 26 including entry of final judgment, pursuant to 28 U.S.C. ยง 636(c), Federal Rule of Civil Procedure 73, 27 and Local Rule 305. Any appeal from a judgment entered by a Magistrate Judge is taken directly to 28 the United States Court of Appeal for the Ninth Circuit. 1 1 Plaintiff previously indicated her willingness to consent to the jurisdiction of the assigned 2 Magistrate Judge. (Doc. 7) Therefore, Defendants are directed to consider whether they will consent 3 for the Magistrate Judge to conduct all further proceedings, including trial. Within 10 days of the 4 date of this order, counsel SHALL file a consent/decline form (provided by the Court at the inception 5 of this case) indicating whether they will consent to the jurisdiction of the Magistrate Judge. 6 7 8 9 IT IS SO ORDERED. Dated: November 17, 2016 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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