Tierney v. AGA Medical Corporation

Filing 10

ORDER setting consent deadline for 9/8/2011. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JEFFREY T. TIERNEY,
Plaintiff,
v.
AGA MEDICAL CORPORATION, a
Minnesota Corporation,
Defendant.

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4:11CV3098

MEMORANDUM AND ORDER

The above-captioned action has been randomly assigned to the undersigned magistrate
judge for final disposition, and a motion to dismiss is now pending. The motion to dismiss
cannot be ruled on by the assigned magistrate judge unless both parties consent to final
disposition by a magistrate judge.

If the parties do not so consent, the case will be

reassigned to a district judge.
Accordingly,
IT IS ORDERED that to avoid any delay in ruling on this case,
1)

If the parties consent to final disposition of the case by the undersigned
magistrate judge, on or before September 8, 2011 they shall complete the
attached “CONSENT TO EXERCISE OF JURISDICTION BY A UNITED
STATES MAGISTRATE JUDGE.” After all parties have signed this form,
e-mail it in .pdf format to [e-mail]. Do not electronically
file this form or submit it to chambers.

2)

In the absence of timely submitting the attached form in accordance with
paragraph (1), the case will be reassigned to a district judge.
August 9, 2011.

BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

IMPORTANT NOTICE: AFTER ALL PARTIES HAVE SIGNED THIS FORM, E-MAIL IT IN .PDF
TO [e-mail]. IF PLAINTIFF IS PRO SE, MAIL TO THE CLERK’S OFFICE AT
111 South 18th Plaza, Suite 1152, Omaha, NE 68102. DO NOT ELECTRONICALLY FILE THIS
FORM OR SUBMIT IT TO CHAMBERS.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
,
Plaintiff,
v.

Defendant.

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Case Number:
CONSENT TO EXERCISE OF JURISDICTION
BY A UNITED STATES MAGISTRATE JUDGE

CONSENT TO EXERCISE OF JURISDICTION BY UNITED STATES MAGISTRATE JUDGE
In accordance with the provisions of 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73, the parties in this case hereby
voluntarily consent to have a United States Magistrate Judge conduct any and all further proceedings in the case,
including the trial, and order the entry of a final judgment. Any appeal shall be taken to the United States Court of
Appeals for the Eighth Circuit.
Signature of Attorney or Party

Name of Party

Date

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For_________________________

______________________

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For_________________________

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For_________________________

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For_________________________

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DISTRICT JUDGE OPTION
Pursuant to 28 U.S.C. § 636(c)(2) and Fed. R. Civ. P. 73, the parties in this case hereby acknowledge the
availability of a United States Magistrate Judge but elect to have this case randomly assigned to a United States
District Judge.
Signature of Attorney or Party

Name of Party

Date

_______________________________

For_________________________

______________________

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For_________________________

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For_________________________

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