Atkins v. Southeast Community Health Systems

Filing 61

ORDER: If all of the parties consent to proceed before a Magistrate Judge, then the consent form signed by all parties shall be filed within 14 days of this Order. Should such unanimous written consent not be filed, the Clerk of Court will assign this matter to a District Judge in this district as the presiding judicial officer and the undersigned will remain as the Magistrate Judge. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 11/4/2015. (BCL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
GWENDOLYN A.
ATKINS

CIVIL ACTION

VERSUS

NO. 11-47-RLB

SOUTHEAST COMMUNITY
HEALTH SYSTEMS

ORDER
This matter was filed on January 25, 2011 and assigned to District Judge Ralph E. Tyson
and Magistrate Judge Docia L. Dalby. The parties named in the original complaint unanimously
consented to proceed before a United States Magistrate Judge in accordance with 28 U.S.C. §
636(c). The matter was subsequently stayed for over two years due to certain criminal
proceedings in state court.
On October 8, 2014, a motion to reopen the case was filed by the Plaintiff. The case was
reassigned to the undersigned as the presiding judicial officer. Discovery and pretrial deadlines,
as well as the trial date, were set by the undersigned.
On April 15, 2015, leave to file an Amended Complaint was granted and Plaintiff’s First
Amended Complaint was filed. (R. Doc. 38). Two new defendants were added to this matter.
Although these new parties have now appeared, there is nothing in the record to reflect that all
parties consent to disposition of this case by a United States Magistrate Judge. See Murret v. City
of Kenner, 894 F.2d 693 (5th Cir. 1990); Caprera v. Jacobs, 790 F.2d 442 (5th Cir. 1986).
In order to determine whether all parties consent to a United States Magistrate Judge
pursuant to 28 U.S.C. § 636(c), and in order to protect the voluntariness of each parties’ consent,
all parties are hereby notified that they may consent to allow a United States Magistrate Judge of

this district to conduct any and all proceeding, including trial of the case and entry of a final
judgment. In the event all parties consent to proceed before a Magistrate Judge, the attached
consent form must be filed with the court electronically, but ONLY AFTER ALL PARTIES
HAVE SIGNED THE FORM. Previously executed consent and partial consents are not
acceptable. The parties should be aware that the decision to consent, or not to consent, to the
disposition of the case before a United States Magistrate Judge is entirely voluntarily.
If all of the parties consent to proceed before a Magistrate Judge, then the consent form
signed by all parties shall be filed within 14 days of this Order. Should such unanimous
written consent not be filed, the Clerk of Court will assign this matter to a District Judge 1 in this
district as the presiding judicial officer and the undersigned will remain as the Magistrate Judge.
Signed in Baton Rouge, Louisiana, on November 4, 2015.

S

RICHARD L. BOURGEOIS, JR.
UNITED STATES MAGISTRATE JUDGE

1

The district judge originally assigned to this matter is no longer an active judge.

2

NOTICE OF RIGHT TO CONSENT TO DISPOSITION OF
CIVIL CASE BY A UNITED STATES MAGISTRATE JUDGE
In accordance with the provisions of 28 U.S.C. 636(c), you are hereby notified that all of
the parties in this civil case may consent to allow a United States Magistrate Judge of this district
court to conduct any and all proceedings, including trial of the case and entry of a final
judgment.
You may consent by signing the attached form should you decide to proceed before the
United States Magistrate Judge. A copy of a consent form is enclosed and is also available from
the clerk of court. In the event all parties consent to proceed before the Magistrate Judge, the
signed consent form must be filed with the court electronically, but ONLY AFTER ALL
PARTIES HAVE SIGNED THE FORM.
You should be aware that your decision to consent, or not to consent, to the disposition of
your case before a United States Magistrate Judge is entirely voluntary. Either the district judge
or the magistrate judge may again advise the parties of the availability of the magistrate judge,
but in doing so, shall also advise the parties that they are free to withhold consent without
adverse consequences.
Please note that the parties may appeal the magistrate judge's decision directly to the
court of appeals in the same manner as an appeal from any other judgment of the district court.

3

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

GWENDOLYN A.
ATKINS

CIVIL ACTION

VERSUS

NO. 11-47-RLB

SOUTHEAST COMMUN ITY
HEALTH SYSTEMS

CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE
In accordance with the provisions of 28 U.S.C. 636(c), the parties to the above captioned
civil proceeding hereby waive their right to proceed before a United States District Judge and
consent to have a United States Magistrate Judge conduct any and all further proceedings in the
case, including but not limited to the trial of the case, and order the entry of judgment in the case.
The parties are aware that in accordance with 28 U.S.C. 636(c)(3), any aggrieved party
may appeal from the judgment directly to the United States Court of Appeals for the Fifth Circuit
in the same manner as an appeal from any other judgment of the district court.
Date

Party Represented

Pro Se or Atty. Name

4

Pro Se or Atty. Signature