Hernandez v. Aaron's Sales and Lease Ownership, Inc.

Filing 29

ORDER re 28 Notice (Other) filed by Aaron's Sales and Lease Ownership, Inc. Defendant's Objection to Case Reassignment to US Magistrate Judge 28 is GRANTED. The Order Approving Consent to Jurisdiction 26 and 27 is hereby VACATE D.The Consent to Trial by a U.S. Magistrate Judge filed by Plaintiff's Counsel is hereby STRIKEN. The parties remain subject to the deadlines outlined in the FLSA scheduling order. 23 . Signed by Judge Sheri Polster Chappell on 6/12/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DEBRA HERNANDEZ,
Plaintiff,
v.

Case No: 2:13-cv-845-FtM-DNF

AARON’S SALES
OWNERSHIP, INC.,

AND

LEASE

Defendant.
/

ORDER
This matter comes before the Court on Defendant's Objection to Case
Reassignment to US Magistrate Judge (Doc. #28) filed on June 11, 2014. On April 22,
2014, Plaintiff’s Counsel filed a Consent to trial by U.S. Magistrate Judge (Doc. 25). As
such, the Court entered an Order approving the consent and the case was reassigned
to the US Magistrate Judge.

(Doc. 26, Doc. 27).

However, it appears Counsel

unilaterally filed the Consent form without the approval of the Defendant. Defendant
has now filed an Objection to the case reassignment. (Doc. 28). Since both parties do
not consent to the jurisdiction of the US Magistrate Judge, the approval Order shall be
vacated as outlined below.
Accordingly, it is now
ORDERED:
1) Defendant's Objection to Case Reassignment to US Magistrate Judge (Doc.
#28) is GRANTED.

2) The Order Approving Consent to Jurisdiction (Doc. 26, and Doc. 27) is hereby
VACATED.
3) The Consent to Trial by a U.S. Magistrate Judge filed by Plaintiff’s Counsel is
hereby STRIKEN.
4) The parties remain subject to the deadlines outlined in the FLSA scheduling
order. (Doc. 23).
DONE and ORDERED in Fort Myers, Florida this 11th day of June, 2014.

Copies: All Parties of Record

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