George et al v. TD Bank, N.A. et al

Filing 21

ORDER denying 20 motion for referral to a U.S. Magistrate Judge. Under 28 U.S.C. § 636, a case may be referred to a magistrate judge upon consent of the parties. The plaintiffs, however, purport to bring this case as a collective action. The c ourt has not ruled on the pending motion for class certification, and there is a potential for plaintiffs to be added to this case. Accordingly, consent has not been given by all parties. The motion is, therefore, denied without prejudice to refiling after all parties have been added and adequate consent can be given. If the parties choose to refile their motion, they shall do so with the appropriate consent form. See attached. Signed by Judge Alfred V. Covello on January 30, 2013. (Gentile, N.)

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AO 85 (Rev. 01/09) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge UNITED STATES DISTRICT COURT for the __________ District of __________ Plaintiff v. Defendant ) ) ) ) ) Civil Action No. NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE Notice of a magistrate judge’s availability. A United States magistrate judge of this court is available to conduct all proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment. The judgment may then be appealed directly to the United States court of appeals like any other judgment of this court. A magistrate judge may exercise this authority only if all parties voluntarily consent. You may consent to have your case referred to a magistrate judge, or you may withhold your consent without adverse substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise be involved with your case. 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. Parties’ printed names Signatures of parties or attorneys Dates Reference Order IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73. Date: District Judge’s signature Printed name and title Note: Return this form to the clerk of court only if you are consenting to the exercise of jurisdiction by a United States magistrate judge. Do not return this form to a judge. Print Save As... Reset

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