Aguilar et al v. The United States of America

Filing 38

ORDER re 37 Motion for District Judge to Reconsider Order. ORDERED that this case be, and the same hereby is, REFERRED to Magistrate Judge Hoffman, pursuant to the parties' stated wishes. Signed by Judge James C. Mahan on 6/15/17. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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MARCO ANTONIO AGUILAR and
OLALLA KENDY AGUILAR,

ORDER
Plaintiff(s),

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v.

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Case No. 2:16-CV-153 JCM (CWH)

THE UNITED STATES OF AMERICA,
Defendant(s).

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Presently before the court is the parties’ joint motion for this court to reconsider its order

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James C. Mahan
U.S. District Judge

denying plaintiffs’ petition to approve a compromise settlement on behalf of a minor. (ECF No.
37).
The government indicates in its notice of non-opposition to the petition that “the parties
signed a Notice, Consent, and Reference of a Civil Action to a Magistrate Judge (Form AO85) and
delivered it to the Clerk’s Office on May 11, 2017,” in order to streamline the approval of the
proposed settlement. (ECF No. 36 at 1–2) (noting that Magistrate Judge Hoffman presided over
the relevant settlement conference).
At the time this court rendered its order denying plaintiffs’ petition, a completed form for
the parties’ consent to proceed before Magistrate Judge Hoffman was not on the record of this
case. See also (ECF No. 34-6) (including a signature block addressed to either the district court
judge or the magistrate judge).
However, the parties’ joint motion contains an exhibit that the parties stipulate is a copy of
the filed consent and reference form. (ECF Nos. 37, 37-1).

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The court will respect the parties’ prior agreement and therefore will refer the case to

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Magistrate Judge Hoffman to conduct all proceedings and order the entry of a final judgment in

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accordance with 28 U.S.C. § 636(c) and Federal Rule of Civil Procedure 73.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that this case be, and the

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same hereby is, REFERRED to Magistrate Judge Hoffman, pursuant to the parties’ stated wishes.

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DATED June 15, 2017.
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UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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