Smith v. Saul

Filing 9

ORDER by Judge Phyllis J. Hamilton directing parties to file consent or declination to MJ Jurisdiction. (pjhlc1S, COURT STAFF) (Filed on 10/16/2020)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROBERT SMITH,

v.

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Case No. 20-cv-06905-PJH

Plaintiff,

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ANDREW M. SAUL,
Defendant.

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ORDER DIRECTING PARTIES TO
FILE CONSENT OR DECLINATION TO
MAGISTRATE JUDGE JURISDICTION
FOR ALL PURPOSES

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In cases assigned to a district judge, the parties may consent at any time to

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United States District Court
Northern District of California

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reassignment of the case to a magistrate judge for all purposes, including entry of final

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judgment. See Civ. L.R. 73-1(b). This option is being made available because the

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magistrate judges in this district have smaller civil dockets and no felony criminal cases

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and may be able to adjudicate this case more expeditiously than the undersigned district

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judge.

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Accordingly, the parties are hereby DIRECTED to file, no later than October 30,

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2020, either a consent or declination to have a magistrate judge conduct all further

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proceedings in the instant action. Normally the parties would indicate whether they

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consent to proceed before a magistrate judge in their Joint Case Management Statement

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filed in connection with the initial case management conference. However, because this

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case involves a review of an administrative record, a case management conference has

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not been scheduled. The parties are advised that they may jointly request assignment to

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a specific magistrate judge. For the parties’ convenience, a consent form is attached

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hereto; forms are also available in the “Forms” section at http://www.cand.uscourts.gov.

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IT IS SO ORDERED.
Dated: October 16, 2020

/s/ Phyllis J. Hamilton
PHYLLIS J. HAMILTON
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROBERT SMITH,

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v.

CONSENT OR DECLINATION TO
MAGISTRATE JUDGE JURISDICTION

ANDREW M. SAUL,
Defendant.

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United States District Court
Northern District of California

Case No. 20-cv-06905-PJH

Plaintiff,

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INSTRUCTIONS: Please indicate below by checking one of the two boxes whether you
(if you are the party) or the party you represent (if you are an attorney in the case)
choose(s) to consent or decline magistrate judge jurisdiction in this matter. Sign this form
below your selection.
( ) Consent to Magistrate Judge Jurisdiction

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In accordance with the provisions of 28 U.S.C. § 636(c), I voluntarily consent to
have a United States magistrate judge conduct all further proceedings in this case,
including trial and entry of final judgment. I understand that appeal from the judgment
shall be taken directly to the United States Court of Appeals for the Ninth Circuit.
OR
( ) Decline Magistrate Judge Jurisdiction
In accordance with the provisions of 28 U.S.C. § 636(c), I decline to have a United
States magistrate judge conduct all further proceedings in this case.
DATE: ____________, 20____

NAME: ________________________________
COUNSEL FOR
(OR “PRO SE”):________________________________

________________________________
Signature