Sepulveda v. Kijakazi

Filing 10

ORDER Re-Notifying Parties of Right to Consent to Magistrate Judge Jurisdiction. Signed by Magistrate Judge Jill L. Burkhardt on 5/6/2022.(axc)

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Case 3:22-cv-00350-JLB Document 10 Filed 05/06/22 PageID.23 Page 1 of 3 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ELIZABETH S., Case No.: 22-cv-0350-JLB Plaintiff, 12 13 v. 14 ORDER RE-NOTIFYING PARTIES OF RIGHT TO CONSENT TO MAGISTRATE JUDGE JURISDICTION KILOLO KIJAKAZI, Acting Commissioner of Social Security, 15 16 Defendant. 17 18 19 20 The Court advises the parties of their right to consent to general Magistrate Judge 21 jurisdiction pursuant to 28 U.S.C. § 636(c). The United States has informed the Court of 22 its general consent to Magistrate Judge jurisdiction in cases of this nature. Plaintiff 23 previously consented to having Magistrate Judge Ruth Bermudez Montenegro conduct all 24 proceedings in this case including trial, the entry of final judgment, and all post-trial 25 proceedings. (ECF No. 5.) However, Judge Montenegro is no longer the judge assigned 26 to this case. (ECF No. 6.) Accordingly, the Court has attached a new consent/declination 27 form for Plaintiff to complete. The executed form must be received by the Clerk of 28 Court within 21 days of the date of this notice. 1 22-cv-350-JLB Case 3:22-cv-00350-JLB Document 10 Filed 05/06/22 PageID.24 Page 2 of 3 1 If Plaintiff timely consents, and if the United States does not timely withdraw 2 consent, the case will be deemed assigned to a United States Magistrate Judge for all 3 purposes. If Plaintiff does not timely consent, or if the United States timely withdraws its 4 consent, the Clerk of Court will reassign the case to a United States District Judge. 5 Reassigned cases will be referred, pursuant to 28 U.S.C. § 636(b)(1)(B), without further 6 order, to the same Magistrate Judge who has already been drawn to conduct preliminary 7 proceedings, including all pretrial, non-dispositive matters, and to issue a Report and 8 Recommendation to the assigned District Judge, unless the District Judge directs otherwise. 9 10 IT IS SO ORDERED. Dated: May 6, 2022 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 22-cv-350-JLB Case 3:22-cv-00350-JLB Document 10 Filed 05/06/22 PageID.25 Page 3 of 3 1 2 3 UNITED STATES DISTRICT COURT for the Southern District of California Elizabeth Sepulveda 4 Plaintiff 5 v. Kilolo Kijakazi, Acting Commissioner of Social Security 6 ) ) ) ) ) Civil Case No. 22-cv-00350-JLB Defendant 7 8 9 10 11 12 13 14 CONSENT / DECLINATION FORM The United States has informed the Court of its general consent to Magistrate Judge jurisdiction in cases of this nature. Plaintiff must complete the consent/declination portion of this form below. The executed form must be received by the Clerk of Court* within 21 days of the date of this notice. Consent to a magistrate judge’s authority. The following parties consent to have a United States Magistrate Judge conduct all proceedings in this case including trial, the entry of final judgment, and all post-trial proceedings. Printed names of plaintiffs and attorneys Signature of plaintiffs and attorneys Dates 15 16 17 18 19 20 Declination. The following parties decline to have a United States Magistrate Judge conduct all proceedings in this case including trial, the entry of final judgment, and all post-trial proceedings. Printed names of plaintiffs and attorneys Signature of plaintiffs and attorneys Dates 21 22 23 24 25 26 27 28 * Please Note: Completed consent/declination forms shall be submitted to the Clerk’s Office in paper format.

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