McKinney v. Great American Insurance Company et al

Filing 5

OPINION AND ORDER to Strike 4 Notice of Consent and Reference of a Civil Action to a Magistrate Judge filed by William McKinney. Signed by District Judge Robert H Cleland. (LWag)

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION WILLIAM McKINNEY, Plaintiff, v. GREAT AMERICAN INSURANCE COMPANY & UNITED STATES FIRE INSURANCE COMPANY, Defendants. / OPINION AND ORDER STRIKING NOTICE OF CONSENT OF REFERENCE TO MAGISTRATE JUDGE On December 30, 2009, Plaintiff filed a court-supplied form titled "Notice, Consent, and Reference of a Civil Action to a Magistrate Judge." The Notice was signed only by the Plaintiff. All parties must consent to the reference. Fed. R. Civ. P. 73. Moreover, as stated in the Notice, the name of any party withholding consent should not be revealed. Filing a Notice signed by only one party is therefore improper and premature. Accordingly, IT IS ORDERED that Plaintiff's "Notice, Consent, and Reference of a Civil Action to a Magistrate Judge" [Dkt. # 4] is STRICKEN. s/Robert H. Cleland ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE Dated: January 11, 2010 I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, January 11, 2010, by electronic and/or ordinary mail. s/Lisa Wagner Case Manager and Deputy Clerk [phone] Case No. 09-15027