Combined Insurance Company of America v. Glass et al

Filing 32

ORDER. No later than January 29, 2015, Defendant Gerbitz shall complete and file the Consent Form Pursuant to Pilot Program to Implement the Direct Assignment of Civil Cases to Full Time Magistrate Judges 4 , by Magistrate Judge Kathleen M. Tafoya on 1/8/15. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 14–cv–01458–KMT
COMBINED INSURANCE COMPANY OF AMERICA, an Illinois corporation,
Plaintiff,
v.
JENNIFER GLASS, an individual,
Defendant/Cross-claim Plaintiff
v.
ALAN GERBITZ AS PERSON REPRESENTATIVE OF THE ESTATE OF RICHARD E.
GERBITZ,
Defendant/Cross-claim Defendant.

ORDER

This matter is before the court sua sponte on the Order referring this case to the
undersigned magistrate judge for all purposes pursuant to the Court’s Pilot Program to
Implement the Direct Assignment of Civil Cases to Full Time Magistrate Judges and 28 U.S.C. §
636(c). (Doc. No. 21, filed Aug. 21, 2014.) That order was based on the Consent Form signed
by counsel for Plaintiff Combined Insurance Company of America and Defendant Jennifer
Glass. (Doc. No. 20, filed Aug. 19, 2014.) At the time, the court concluded that Defendant Alan
Gerbitz’s consent was not required because default had been entered against him and he had not
otherwise entered an appearance or otherwise responded to this case.

However, after the order of reference was entered, Defendant Gerbitz filed a pro se entry
of appearance (Doc. No. 24) and subsequently filed an Answer to Plaintiff’s Complaint (Doc.
No. 28). The Pilot Program provides as follows:
Any party added to the case after reference to a magistrate judge under this Pilot Project
shall be notified by the clerk of the obligation to complete and file the applicable Consent
Form. If any added party does not consent to the exercise of magistrate judge jurisdiction
within 21 days from the date of the notice, the case shall be assigned under
D.C.COLO.LCivR 40.1(a), and the magistrate judge shall continue on the case in the
same capacity as if consent had been declined initially.
(Pilot Program, available at http://www.cod.uscourts.gov/CourtOperations/RulesProcedures/
PilotProjects.aspx (last visited Jan. 7, 2015).) This order constitutes notice of Defendant
Gerbitz’s obligation to complete and file the Consent Form under the Pilot Program.
Therefore, it is
ORDERED that no later than January 29, 2015, Defendant Gerbitz shall complete and
file the “Consent Form Pursuant to Pilot Program to Implement the Direct Assignment of Civil
Cases to Full Time Magistrate Judges” (Doc. No. 4 at 8-9). 1
Dated this 8th day of January, 2015.

1

The Consent Form is also available on the court’s website at http://www.cod.uscourts.gov/
CourtOperations/RulesProcedures /PilotProjects.aspx (last visited Jan. 7, 2015).
2