McCain v. Taylor et al

Filing 9

ORDER SETTING SCHEDULING/PLANNING CONFERENCE: Scheduling Conference set for 5/3/2010 10:30 AM in Courtroom C204 before Magistrate Judge Kristen L. Mix. by Magistrate Judge Kristen L. Mix on 3/10/2010. (Attachments: # 1 INSTRUCTIONS FOR PREPARATION OF SCHEDULING ORDER, # 2 Instructions Regarding Notice of Availability of a United States Magistrate Judge)(klmcd)

U N I T E D STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO I n s tr u c t io n s Regarding N o t i c e of Availability of a United States Magistrate Judge t o Exercise Jurisdiction Pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73, an d D.C.COLO.LCivR 72.2 A t t a c h e d please find a copy of the United States District Court for the District of Co lorado Local Rules of Practice 72.2 (D.C.COLO.LCivR 72.2), a Notice of Availability o f a Magistrate Judge to Exercise Jurisdiction and Consent to the Exercise of Jurisdiction b y a United States Magistrate Judge, and a proposed Order of Reference. Purs uant to D.C.COLO.LCivR 72.2, it is the responsibility of the filing party to s e r v e a copy of these instructions, D.C.COLO.LCivR 72.2, and the attached forms on the opp osing party or parties and to file proof of such service with the court. The filing party i s the plaintiff when an action is commenced by the filing of a complaint, the defendant w h e n an action is commenced by the filing of a notice of removal, the third-party plaintiff wh en a third-party complaint is filed, or any party that adds an additional party to the civil actio n. If ALL parties have consented to this exercise of jurisdiction please file an original and two copies of the Notice and Consent and proposed Order of Reference. In a c c o r d a n c e with D.C.COLO.LCivR 72.2D, the Notice and Consent must be filed no later t h a n ten days after the discovery cut-off. In cases not requiring discovery, the parties s h a l l have 40 days from the filing of the last responsive pleading to file their unanimous cons ent. I f any additional parties are added after the entry of an Order of Reference to the m a g i s t ra t e judge under 28 U.S.C. § 636(c), the party adding an additional party or parties M U S T file with the clerk a document titled "Notice," which informs the clerk that an a d d i t io n a l party has or parties have been added. The notice MUST provide the added p a r t y 's address, or parties' addresses, so that the clerk can serve a copy of these i n s tr u c t io n s , D.C.COLO.LCivR 72.2, and attached forms upon the newly added party or p a r t ie s in accordance with D.C.COLO.LCivR 72.2F. This mailing will be completed pr om pt ly. Y o u are encouraged to serve the summons and complaint promptly so that the a d d e d party or parties will understand the reason for being sent the attached forms from t h e Clerk's Office.
(06/21/02)

D.C .CO LO .LC ivR 72.2 C O N S E N T JURISDICTION OF MAGISTRATE JUDGES A. D e s i g n a t io n . Pursuant to 28 U.S.C. § 636(c)(1) and subject to the provisions of this rule, all full-time magistrate judges in the District of Colorado are specially d e s i g n a te d to conduct any or all proceedings in any jury or nonjury civil matter and ord er the entry of judgment in the case. This rule, implementing 28 U.S.C. § 636 (c) consent jurisdiction in the District of Colorado, does not affect assignments t o magistrate judges under other court rules and orders of reference. Proh ibition. No judicial officer, court official, or court employee may attempt to influe nce the granting or withholding of consent to the reference of any civil m a t t e r to a magistrate judge under this rule. The form of notice of right to consent t o disposition by a magistrate judge shall make reference to the prohibition and s h a l l identify the rights being waived. N o t i c e . Upon the filing of any civil case, the clerk shall deliver to the plaintiff(s) w ritt en notice of the right of the parties to consent to disposition of the case by a ma gistr ate judge pursuant to 28 U.S.C. § 636(c) and the provisions of this rule. The written notice shall be in such form as the district judges shall direct. The c l e r k shall also provide copies of such notice to be attached to the summons and t h e re a f te r served upon the defendant(s) in the manner provided by Fed. R. Civ. P. 4 . A failure to serve a copy of such notice upon any defendant shall not affect the valid ity of the service of process or personal jurisdiction over the defendant(s). U n a n i m o u s Consent; Determination. Written consent to proceed before a m a g i s t ra t e judge must be filed no later than ten days after the discovery cut-off d a t e . In cases not requiring discovery, the parties shall have 40 days from the filin g of the last responsive pleading to file their unanimous consent. When there i s such consent, the magistrate judge shall forthwith notify the assigned district judg e, who will then determine whether to enter an order of reference pursuant to 28 U.S.C. § 636(c). Re assig nm ent. Upon entry of an order of reference pursuant to 28 U.S.C. § 6 3 6( c) , the civil action will be reassigned to a magistrate judge by random draw, e x c l u d in g the magistrate judge previously assigned.

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Additional Parties. Any party added to the action or served after reference to a mag istrate judge under this rule shall be notified by the clerk of the right to c o n s e n t to the exercise of jurisdiction by the magistrate judge pursuant to 28 U . S . C . § 636(c). If any added party does not file a consent to proceed before a m a g i s t ra t e judge within 20 days from the date of mailing of the notice, the action s h a l l be returned to the assigned district judge for further proceedings. V a c a t i n g Reference. The district judge, for good cause shown on the district j u d g e ' s own initiative or under extraordinary circumstances shown by a party, may v a c a t e a reference of a civil matter to a magistrate judge under this rule. A p p e a l . Upon entry of a judgment in any civil action on consent of the parties u n d e r 28 U.S.C. § 636(c) authority, an appeal shall be directly to the United States C o u r t of Appeals for the Tenth Circuit in the same manner as an appeal from any other judgment of this court.

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. __________________________

Plaintiff(s), v. Defendant(s).

NOTICE OF AVAILABILITY OF A UNITED STATES MAGISTRATE JUDGE TO EXERCISE JURISDICTION

In accordance with the provisions of 28 U.S.C. § 636(c), Fed. R. Civ. P. 73, and D.C.COLO.LCivR 72.2, you are hereb y notified that a United States magistrate judge of this district court is available to handle all dispositive matters in this civil action, including a jury or nonjury trial, and to order the entry of a final judgment. Exercise of this jurisdiction by a m a g i s tr a t e judge, however, is permitted only if all parties voluntarily consent and the district judge orders the reference to a magistrate judge under 28 U.S.C. § 636(c). Y ou may, without adverse substantive consequences, withhold your consent, but this will prevent the court's j u r is d i c ti o n from being exercised by a magistrate judge. If any party withholds consent, the identity of the parties consenting or w i t h h o l d in g consent will not be communicated to any magistrate judge or to the district judge to whom the case has been assigned. P u r s u a n t to D.C.COLO.LCivR 72.2, no district judge or magistrate judge, court official, or court employee may attemp t to influence the granting or withholding of consent to the reference of any civil matter to a magistrate judge under this rule. An appeal from a judgment entered by a magistrate judge shall be taken directly to the appropriate United States Court of Appeals in the same manner as an appeal from any other judgment of a district court. If this civil action has been referred to a magistrate judge to handle certain nondispositive matters, that reference shall remain in effect. Upon entry of an order of reference pursuant to 28 U.S.C. § 636(c), the civil action will be drawn randomly to a magistrate judge, excluding the magistrate judge previously assigned.

CONSENT TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE
In accordance with the provisions of 28 U.S.C. § 636(c), Fed. R. Civ. P. 73, and D.C.COLO.LCivR 72.2, the parties in this civil action hereby voluntarily consent to have a United States magistrate judge conduct any and all further proceedings in the case, including the trial, and order the entry of a final judgment.
S i g n a tu r e s Print Print Print Print N O T E : R e t u r n the original and a co p y of this form to the clerk of the co u r t ONL Y IF all parties have consented ON TH I S FO R M to t h e exercise of jurisdiction by a United States magistrate judge. Also attach a captioned prop o s e d order. (See attached). P a r t y Represented Da te

(06/21/02)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. __________________________

Plaintiff(s), v. Defendant(s).

ORDER OF REFERENCE PURSUANT TO 28 U.S.C. § 636 (c)

Pursua nt to D.C.COLO.LCivR 72.2 on the _______ day of __________________, _______, Magistrate Judge ______ ______ ______ __ notified the court of the parties' unanimous consent to disposition of the above action by a United States Magistrate Judge. Now, therefore, being sufficiently advised, IT IS ORDERED as follows: 1. 2. The above action is referred for disposition to a magistrate judge pursuant to 28 U.S.C. § 636 (c); The above action will be randomly assigned to a magistrate judge selected by random draw, excluding Magistrate Judge ____________________; and Upon such reassignment, the above case number will be amended to reflect the magistrate judge to whom the case is reassigned.

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BY THE COURT: DATED: ______________________ ___________________________________ Judge, United States District Court NOTICE OF REASSIGNMENT Pursua nt to the above order, this civil action is reassigned to United States Magistrate Judge ____________________. Gregory C. Langham, Clerk

By _______________________,Deputy Clerk

(06/21/02)