Murrieta v. Corrections Corporation of America, Inc. et al

Filing 19

ORDER to Counsel to Meet and Confer to Determine Whether the Parties Will Consent to the Jurisdiction of a Different Magistrate Judge or to Continue the Trial, signed by Magistrate Judge Jennifer L. Thurston on 8/2/2017. (Hall, S)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CATHERINE MURRIETA, Plaintiff, 12 13 14 15 16 17 v. CORRECTIONS CORPORATION OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) Case No.: 1:16-cv-01552 JLT ORDER TO COUNSEL TO MEET AND CONFER TO DETERMINE WHETHER THE PARTIES WILL CONSENT TO THE JURISDICTION OF A DIFFERENT MAGISTRATE JUDGE OR TO CONTINUE THE TRIAL On December 19, 2016 and December 21, 2016, the parties consented to the jurisdiction of 18 Magistrate Judge Thurston. (Docs. 10, 13) However, their consent documents were explicit that they 19 were not consenting to Magistrate Judge jurisdiction generally and expressly reserved their rights to 20 withdraw consent in the event Judge Thurston became unavailable. Id; See Wilhelm v. Rotman, 680 21 F.3d 1113, 1119 (9th Cir. 2012). Due to an upcoming, extended medical leave, Magistrate Judge 22 Thurston will be unavailable to conduct the pretrial conference and trial in this matter. 23 This presents the parties with several options. First, they may consent generally to Magistrate 24 Judge jurisdiction and allow the matter to be reassigned to an available Magistrate Judge. In doing so, 25 they will guarantee that they will preserve the dates previously set for the pretrial conference and trial. 26 Second, they may consent to a particular Magistrate Judge for the pretrial conference and trial but when 27 these events occur will depend upon the schedule of the judge selected. Finally, they may agree to 28 continue the pretrial conference and trial to a time when Judge Thurston is available. At this time, it 1 1 appears the earliest trial date Judge Thurston could accommodate would be February 12, 2018 or 2 February 19, 2018. 3 Therefore, no later than August 18, 2017, counsel SHALL discuss the matter with their clients 4 and with one another and agree as to how they wish to proceed. If necessary, they may request a 5 telephone conference with Judge Thurston (via Courtroom Deputy Clerk, Susan Hall at 6 to further discuss the matter. 7 8 9 10 IT IS SO ORDERED. Dated: August 2, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?