Gracey v. Kaiser Permanente Flexible Benefits Plan

Filing 54

ORDER DIRECTING parties to inform the court not later than 10/9/2009 whether they consent to a magistrate and VACATING hearing scheduled for 10/13/2009. Signed by Judge Walker on 10/1/2009. (vrwlc1, COURT STAFF) (Filed on 10/1/2009)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DONALD GRACEY, Plaintiff, v KAISER PERMANENTE FLEXIBLE BENEFITS PLAN, Defendant. / No C 07-3853 VRW ORDER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Plaintiff Donald Gracey has filed a motion for judgment pursuant to FRCP 52. Doc #46. The court seeks to refer this ERISA

matter to a United States magistrate judge for proposed findings of fact and recommendations for the disposition of the motion pursuant to 28 USC § 636(b)(1)(B). After review of the magistrate's

proposed findings of fact and recommendations, along with the parties' objections, if any, to the magistrate's proposal, the court will enter the dispositive order. It appears to the court

that the parties' consent to this referral is not required pursuant

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

to § 636(b)(1)(A).

Nevertheless, because no clear authority

addresses whether the court may refer a FRCP 52 motion to a magistrate, the court seeks to obtain the parties' consent for the referral. Accordingly, the parties are DIRECTED to inform the court in writing, not later than October 9, 2009, whether they consent to the above-described referral to a magistrate. The hearing

scheduled for October 13, 2009 is VACATED pending receipt of the parties' response.

IT IS SO ORDERED.

VAUGHN R WALKER United States District Chief Judge

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