Nolan v. Heald College et al

Filing 105

ORDER vacating bench trial and directing parties to inform the court not later than October 23, 2009 whether they consent to referral to a magistrate judge. (vrwlc1, COURT STAFF) (Filed on 10/14/2009)

1 2 3 4 5 6 7 8 9 United United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JEANNE NOLAN, Plaintiff, v HEALD COLLEGE; HEALD COLLEGE LONG-TERM DISABILITY PLAN; METROPOLITAN LIFE INSURANCE CO; PACIFIC EDUCATION FOUNDATION, Defendants. / On August 14, 2009, plaintiff Jeanne Nolan moved for judgment pursuant to FRCP 52. Doc #97. The court seeks to refer It appears IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

No

C 05-3399 VRW ORDER

this ERISA matter to a United States magistrate judge.

to the court that the parties' consent is not required to refer the matter for proposed findings of fact and recommendations for the disposition of the motion pursuant to 28 USC § 636(b)(1)(B). Nevertheless, because no clear authority addresses whether the

1 2 3 4 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

court may refer a FRCP 52 motion to a magistrate, the court seeks to obtain the parties' consent for a referral under section 636(b)(1)(B). Alternatively, the court would welcome the parties'

voluntary consent for referral to a magistrate to enter a dispositive decision in the matter under 28 USC § 636(c)(1). The bench trial scheduled for October 20-21 is hereby VACATED. The parties are DIRECTED to inform the court in writing

not later than October 23, 2009 whether they consent to either referral described above.

IT IS SO ORDERED.

VAUGHN R WALKER United States District Chief Judge

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