Stewart v. Seng et al

Filing 48

RULING Pltfs 45 Motion for Rule 40 Assignment of Case for Trial is DENIED. Signed by Magistrate Judge Stephen C. Riedlinger on 9/9/2009. (JDL, )

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

KEITH STEWART (#98926) VERSUS MRS. SENG, ET AL CIVIL ACTION NUMBER 09-17-JJB-SCR

RULING ON MOTION TO ASSIGN CASE FOR TRIAL Before the court is the plaintiff's motion for Rule 40 Assignment of Case for Trial. Record document number 45. motion is opposed.1 Plaintiff moved to have the case assigned for trial. A review of the docket sheet showed that there are two dispositive motions p e n d i n g .2 conference The after case the will be assigned for a final been pretrial decided. The

dispositive

motions

have

Thereafter, the case will be assigned for trial in due course by the district judge.3

1

Record document number 47. Record document numbers 22 and 35.

2

In her answer defendants Dr. Preety Singh demanded a jury trial. Record document number 20. Plaintiff stated in his motion that he consents to proceed before a U.S. Magistrate Judge pursuant to 28 U.S.C. § 636(c). However, unless the defendant also consents, § 636(c) does not authorize a magistrate judge to conduct a jury trial.

3

Accordingly, the plaintiff's motion for Rule 40 Assignment of Case for Trial is denied. Baton Rouge, Louisiana, September 9, 2009.

STEPHEN C. RIEDLINGER UNITED STATES MAGISTRATE JUDGE