Young v. Long-Term Disability Plan For Employees of Postal Credit Union of Northern California

Filing 39

ORDER re 26 MOTION for Judgment filed by Lynda Young. The parties are DIRECTED to inform the court whether they consent to referral to a magistrate not later than 10/9/2009. The hearing scheduled for 10/1/2009 is VACATED. (vrwlc1, COURT STAFF) (Filed on 9/30/2009)

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 LYNDA YOUNG, Plaintiff, v LONG-TERM DISABILITY PLAN FOR EMPLOYEES OF POSTAL CREDIT UNION OF NORTHERN CALIFORNIA, Defendants. / On July 16, 2009, plaintiff Lynda Young filed a motion for judgment pursuant to FRCP 52. Doc #26. The court seeks to IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

No

C 08-4665 VRW ORDER

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

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

to the court that the parties' consent to this referral is not required pursuant 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 1, 2009 is VACATED pending receipt of the parties' response.

IT IS SO ORDERED.

VAUGHN R WALKER United States District Chief Judge

2