Beerman v. Support Dogs, Inc. et al

Filing 36

ORDER re 35 Consent to jurisdiction by US Magistrate Judge filed by Support Dogs, Inc. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge 35 is DENIED WITHOUT PREJUDICE to renewing the request after disposition of Third-Party Defendant Susan Bluehs by voluntary dismissal or a default judgment.Signed by Judge Sheri Polster Chappell on 8/15/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JUDY BEERMAN,
Plaintiff,
v.

Case No: 2:17-cv-326-FtM-99CM

SUPPORT DOGS, INC.,
Defendant/Third-Party
Plaintiff
SUSAN BLUEHS,
Third-Party Defendant.
____________________________

/

ORDER1
This matter comes before the Court on review of the Notice, Consent, and
Reference of a Civil Action to a Magistrate Judge (Doc. 35) filed on August 14, 2017.
Plaintiff Judy Beerman and Defendant Support Dogs, Inc. have signed the consent to
have this case referred to a U.S. Magistrate Judge to conduct all proceedings. On August
11, 2017, a Clerk’s Default was entered against Third-Party Defendant Susan Bluehs for
failure to appear. Susan Bluehs did not join in the form, nor is there any indication that
she was provided notice of it.

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A magistrate judge may exercise the authority to issue a final judgment only if all
parties voluntarily consent. 28 U.S.C. § 636(c) (emphasis added). Here, Third-Party
Plaintiff Support Dogs, Inc. still asserts claims against Susan Bluehs; thus, she is still a
party whose voluntary consent is required. Therefore, the Court will deny the request for
reference without prejudice to renewing the request after disposition of Susan Bluehs by
voluntary dismissal or a default judgment.
Accordingly, it is now
ORDERED:
The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge (Doc.
35) is DENIED WITHOUT PREJUDICE to renewing the request after disposition of ThirdParty Defendant Susan Bluehs by voluntary dismissal or a default judgment.
DONE and ORDERED in Fort Myers, Florida this 15th day of August, 2017.

Copies: All Parties of Record

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