Cullan and Cullan LLC v. M-Qube et al

Filing 179

ORDER - The parties shall have until June 1, 2016, to indicate whether the parties consent to disposition of the case by a magistrate judge. The parties may indicate their consent by filing a completed Consent to Exercise Jurisdiction form, which is posted on the court's website, www.ned.uscourts.gov/forms/. If no such form is timely filed, the case will be reassigned to a district judge, and the magistrate judge will handle all nondispositive pretrial matters. Ordered by Magistrate Judge Thomas D. Thalken. (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CULLAN AND CULLAN LLC,
Plaintiff and
Counter-Defendant,
vs.

8:13CV172
ORDER

M-QUBE, INC.,
a Delaware corporation, and
MOBILE MESSENGER AMERICAS, INC.,
a Delaware corporation,
Defendants and
Counter-Plaintiffs,
vs.
CF ENTERPRISES PTY., LTD.,
Australin company,

an

Defendant and
Counter-Plaintiff,
vs.
JOHN DOES 1-200,
Defendants,
and
RICHARD GEIER,
Intervenor.
This matter is before the court sua sponte.
On December 29, 2014, the plaintiff and two defendants filed a Joint Rule 26(f)
Report and Discovery Plan (Filing No. 135). In the Report, the filing parties noted their
consent to jurisdiction of a magistrate judge pursuant to 28 U.S.C. § 636(c). See Filing
No. 135 p. 14. Based on the Report, the Clerk of Court reassigned the case to the
undersigned magistrate judge for full disposition. See Filing No. 136. However, prior to
entry of the Report, on January 1, 2014, District Judge Joseph F. Bataillon entered an
order granting Richard Geier leave to intervene. See Filing No. 74. Since consent to

disposition of this case by a magistrate judge must be unanimous, see 28 U.S.C. §
636(c)(2), each party is required to notify the court whether he consents to such
assignment or opt to have the case reassigned to a district judge of the court. If all
parties consent, the case will remain with the undersigned magistrate judge, pursuant to
28 U.S.C. § 636(c)(1). If all parties do not consent, the case will be reassigned to a
district judge, and a magistrate judge will handle all nondispositive pretrial matters.
Accordingly,

IT IS ORDERED:
The parties shall have until June 1, 2016, to indicate whether the parties consent
to disposition of the case by a magistrate judge. The parties may indicate their consent
by filing a completed Consent to Exercise Jurisdiction form, which is posted on the
court's website, www.ned.uscourts.gov/forms/. If no such form is timely filed, the case
will be reassigned to a district judge, and the magistrate judge will handle all
nondispositive pretrial matters.
Dated this 5th day of May, 2016.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge

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