Kooy v. Riley et al

Filing 22

ORDER. The Notice of Availability of a United States Magistrate Judge To Exercise Jurisdiction 11 filed 12/13/2011, by the plaintiff is REJECTED without prejudice. The Notice of Availability of a United States Magistrate Judge To Exercise Jurisdiction 17 filed 1/23/2012, by the defendants is REJECTED without prejudice. By Judge Robert E. Blackburn on 1/24/2012. (sah, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Robert E. Blackburn, Judge
Civil Action No. 11-cv-02694-REB-KLM
CRYSTAL KOOY,
Plaintiff,
v.
DEBRA RILEY,
JUDY SAIZ, and
PAULA FRANTZ,
Defendants.

ORDER
Blackburn, J.
The following matters are before me for consideration: (1) the Notice of
Availability of a United States Magistrate Judge To Exercise Jurisdiction [#11]1
filed December 13, 2011, by the plaintiff; and the Notice of Availability of a United
States Magistrate Judge To Exercise Jurisdiction [#17] filed January 23, 2012, by
the defendants. I construe both notices as an attempt by the parties to consent to
disposition by a United States Magistrate Judge. However, the putative consents of the
parties are made using forms that are no longer applicable.
The notices and consents of the parties implicate 28 U.S.C. § 636(c)(1), Fed. R.
Civ. P. 73, and D.C.COLO.LCivR 72.2E. In relevant part, 28 U.S.C. § 636(c)(1)
provides:

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“[#11]” is an example of the convention I use to identify the docket number assigned to a specific
paper by the court’s electronic case filing and management system (CM/ECF). I use this convention
throughout this order.

Upon the consent of the parties, a full-time United States
magistrate judge or a part-time United States magistrate
judge who serves as a full-time judicial officer may conduct
any or all proceedings in a jury or nonjury civil matter and
order the entry of judgment in the case, when specially
designated to exercise such jurisdiction by the district court
or courts he serves.
Relatedly and relevantly, Fed. R. Civ. P. 73(a) provides:
Trial by Consent. When authorized under 28 U.S.C. §
636(c), a magistrate judge may, if all parties consent,
conduct a civil action or proceeding, including a jury or
nonjury trial.
Finally, D.C.COLO.LCivR 72.2E., which was amended effective December 1,
2011, provides:
Assignment. On entry of an order of reference pursuant to
28 U.S.C. § 636(c), the civil action will be assigned to the
magistrate judge then assigned to the case.
(Emphasis supplied).
If the parties intend to consent voluntarily to have the United States magistrate
judge currently assigned to this case conduct all further proceedings in the case,
including the trial, then they must voluntarily and knowingly complete and sign the
“Consent to the Exercise of Jurisdiction by a United States Magistrate Judge” that
appears at the bottom of the “Notice of Availability of a United States Magistrate Judge
To Exercise Jurisdiction,” which is Appendix M to the Local Rules of Practice of the
United States District Court for the District of Colorado-Civil, as amended effective
December 1, 2011.
THEREFORE, IT IS ORDERED as follows:
1. That the Notice of Availability of a United States Magistrate Judge To
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Exercise Jurisdiction [#11] filed December 13, 2011, by the plaintiff is REJECTED
without prejudice;
2. That the Notice of Availability of a United States Magistrate Judge To
Exercise Jurisdiction [#17] filed January 23, 2012, by the defendants is REJECTED
without prejudice; and
3. That if the parties intend to consent voluntarily to have the United States
magistrate judge currently assigned to this case conduct all further proceedings in the
case, including the trial, then they must voluntarily and knowingly complete and sign the
“Consent to the Exercise of Jurisdiction by a United States Magistrate Judge” that
appears at the bottom of the “Notice of Availability of a United States Magistrate Judge
To Exercise Jurisdiction,” which is Appendix M to the Local Rules of Practice of the
United States District Court for the District of Colorado-Civil, as amended effective
December 1, 2011, in the time specified in D.C.COLO.LCivR 72.2D.
Dated January 24, 2012, at Denver, Colorado.
BY THE COURT:

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