Salinas v. DaVita Healthcare Partners, Inc.

Filing 18

ORDER RE: CONSENT TO MAGISTRATE JUDGE JURISDICTION. Signed by Judge Paul S. Grewal on March 28, 2014. (psglc2, COURT STAFF) (Filed on 3/28/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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LORENA SALINAS,
Plaintiff,

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v.
DAVITA HEALTHCARE PARTNERS, INC.,

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Defendant.

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Case No. 5:14-cv-00943-PSG
ORDER RE: CONSENT TO
MAGISTRATE JUDGE
JURISDICTION
(Re: Docket Nos. 14 and 17)

The docket reflects Plaintiff Lorena Salinas’ consent to magistrate jurisdiction before the

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undersigned earlier this week. 1 Yesterday, Salinas attempted to decline consent to this court’s

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jurisdiction through a form pleading. 2 This filing does not comport with the law of this circuit.

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Once a magistrate judge obtains consent under 8 U.S.C. Section 636(c), the consent “can be
withdrawn by the court only ‘for good cause shown on its own motion, or under extraordinary
circumstances shown’ by any party.” 3 “There is no absolute right, in a civil case, to withdraw

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See Docket No. 15 at 3 (“The parties have consented to Magistrate Judge Paul Grewal for all
further proceedings in this action.”).

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See Docket No. 17.

Dixon v. Ylst, 990 F.2d 478, 480 (9th Cir. 1993) (quoting 8 U.S.C. § 636(c)(6)); see also
Fed.R.Civ.P. 73(b); Fellman v. Fireman’s Fund Ins. Co., 735 F.2d 55, 58 (2d Cir. 1984) (“Once a
case is referred to a magistrate under section 636(c), the reference can be withdrawn only by the
district court, and only for good cause shown on its own motion, or under extraordinary
circumstances shown by any party.” (quotation and citation omitted) (emphasis in original)).
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Case No. 5:14-cv-00943-PSG
ORDER RE: CONSENT TO MAGISTRATE JUDGE JURISDICTION