Marjanian v. Allied Nevada Gold Corp. et al

Filing 196

ORDERED that the parties Notice, Consent, and Reference of a Civil Action to a Magistrate Judge (ECF No. 193 ) is DENIED. Dispositive pre-trial motions, trial, post-trial matters, and entry of final judgment will remain with the undersigned. Signed by Judge Larry R. Hicks on 2/6/2020. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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IN RE ALLIED NEVADA GOLD CORP.,
SECURITIES LITIGATION,

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Case No. 3:14-cv-00175-LRH-WGC

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ORDER

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On January 16, 2020, the parties filed a Notice, Consent, and Reference of a Civil Action

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to a Magistrate Judge, in which the parties consented to have a United States magistrate judge

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conduct all proceedings, including trial, entry of final judgment, and all post-trial proceedings in

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the above captioned case. ECF No. 193. Pursuant to 28 U.S.C. § 636(c)(1), “[u]pon the consent of

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the parties, a full-time Untied States magistrate judge . . . may conduct any or all proceedings in a

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jury or nonjury civil matter and order the entry of judgment in the case, when specially designated

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to exercise such jurisdiction by the district court or courts he serves.” Thus far, while the parties

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have consented, the undersigned has not yet designated a magistrate judge to exercise such

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jurisdiction.

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“The power to cancel a reference, taken together with the retention by Article III judges of

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the power to designate magistrate positions and to select and remove individual magistrates,

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provides Article III courts with continuing, plenary responsibility for the administration of the

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judicial business of the United States.” Pacemaker Diagnostic Clinic of Am., Inc. v. Instromedix,

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Inc., 725 F.2d 537, 546 (9th Cir. 1984) (en banc), cert. denied, 469 U.S. 824 (1984). Upon review
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of the above captioned case, the court finds good cause to deny the reference in this case and retain

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jurisdiction. See 28 U.S.C. § 636(c)(4) (“The court may, for good cause shown on its own motion,

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. . . vacate a reference of a civil matter to a magistrate judge under this subsection.”); FED. R. CIV.

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P. 73(b)(3) (“On its own for good cause . . . the district judge may vacate a referral to a magistrate

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judge under this rule). This case, pending before the court since 2014, involves complex securities

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litigation. The undersigned and Magistrate Judge Cobb have conferred and conclude that given the

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magistrate judge’s already heavy case load and limited staff, adding such a complex case is not in

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the best interest of the judicial efficiency of the court or the parties.

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IT IS THEREFORE ORDERED that the parties’ Notice, Consent, and Reference of a Civil

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Action to a Magistrate Judge (ECF No. 193) is DENIED. Dispositive pre-trial motions, trial, post-

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trial matters, and entry of final judgment will remain with the undersigned.

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IT IS SO ORDERED.

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DATED this 6th day of February, 2020.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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