Stoncor Group, Inc. v. Peerless Insurance Company

Filing 120

ORDER: In accordance with the provisions of 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73, a United States Magistrate Judge is available to rule on dispositive motions in this case. If the parties consent to the Magistrate Judge ruling on a particu lar motion, no objection to the ruling would be permitted under Fed. R. Civ. P. 72 (b)(2). Instead, the ruling would be treated as any other ruling in the case and would be reviewable to the extent the ruling would have been reviewable had it been ma de by a District Judge. Exercise of jurisdiction by a Magistrate Judge to make a ruling on a dispositive motion is permitted only if all parties voluntarily consent. To determine whether the parties wish to voluntarily consent to the Magistrate Judge 's disposition of the motion to dismiss and/or strike (Docket ## 108, 111), defense counsel is directed to send to counsel for plaintiff on or before March 2, 2021, a copy of the attached consent form bearing either (1) a signature indicating co nsent to the Magistrate Judge ruling on the motion or motions identified on the form, or (2 a notation that the defendant does not consent. On or before March 9, 2021, plaintiff's counsel is directed to file a letter either (1) stating that all parties have signed the form and attaching that form or (2) stating that all parties have not consented. If any party has not consented, the letter shall not inform the clerk which of the parties have not consented but shall merely state that there has not been consent by all parties. This Order is not intended to interfere with the parties' right to have a trial and/or any other dispositive proceedings before a United States District Judge. The parties are free to withhold their consent without adverse substantive consequences. If any party withholds consent, the identity of the parties consenting or withholding consent shall not be communicated to any Magistrate Judge or District Judge to whom the case has been assigned. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/16/2021) (ama)

Case 1:16-cv-04574-LAK-GWG Document 120 Filed 02/16/21 Page 1 of 3

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------------X
STONCOR GROUP, INC., et al.,
:
:
Plaintiffs,

ORDER
16 Civ. 4574 (LAK) (GWG)

:
-v.:
PEERLESS INSURANCE COMPANY,

:
:

Defendant.
:
---------------------------------------------------------------X
GABRIEL W. GORENSTEIN, United States Magistrate Judge:
In accordance with the provisions of 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73, a United
States Magistrate Judge is available to rule on dispositive motions in this case. If the parties
consent to the Magistrate Judge ruling on a particular motion, no objection to the ruling would
be permitted under Fed. R. Civ. P. 72 (b)(2). Instead, the ruling would be treated as any other
ruling in the case and would be reviewable to the extent the ruling would have been reviewable
had it been made by a District Judge.
Exercise of jurisdiction by a Magistrate Judge to make a ruling on a dispositive motion is
permitted only if all parties voluntarily consent. To determine whether the parties wish to
voluntarily consent to the Magistrate Judge’s disposition of the motion to dismiss and/or strike
(Docket ## 108, 111), defense counsel is directed to send to counsel for plaintiff on or before
March 2, 2021, a copy of the attached consent form bearing either (1) a signature indicating
consent to the Magistrate Judge ruling on the motion or motions identified on the form, or (2) a
notation that the defendant does not consent.
On or before March 9, 2021, plaintiff’s counsel is directed to file a letter either (1) stating
that all parties have signed the form and attaching that form or (2) stating that all parties have not
consented. If any party has not consented, the letter shall not inform the clerk which of the
parties have not consented but shall merely state that there has not been consent by all parties.
This Order is not intended to interfere with the parties’ right to have a trial and/or any
other dispositive proceedings before a United States District Judge. The parties are free to
withhold their consent without adverse substantive consequences. If any party withholds
consent, the identity of the parties consenting or withholding consent shall not be communicated
to any Magistrate Judge or District Judge to whom the case has been assigned.

Case 1:16-cv-04574-LAK-GWG Document 120 Filed 02/16/21 Page 2 of 3

SO ORDERED
DATED:

New York, New York
February 16, 2021

__________________________________
GABRIEL W. GORENSTEIN
United States Magistrate Judge

Case 1:16-cv-04574-LAK-GWG Document 120 Filed 02/16/21 Page 3 of 3
AO 85A (Rev. 02/17) Notice, Consent, and Reference of a Dispositive Motion to a Magistrate Judge

UNITED STATES DISTRICT COURT
for the
Southern District of New York

STONCOR GROUP, INC., et al.,
Plaintiff

v.

PEERLESS INSURANCE COMPANY,
Defendant

)
)
)
)
)

16 Civ. 4574 (LAK) (GWG)

Civil Action No.

NOTICE, CONSENT, AND REFERENCE OF A DISPOSITIVE MOTION TO A MAGISTRATE JUDGE
Notice of a magistrate judge’s availability. A United States magistrate judge of this court is available to conduct
all proceedings and enter a final order dispositive of each motion. A magistrate judge may exercise this authority only if
all parties voluntarily consent.
You may consent to have motions referred to a magistrate judge, or you may withhold your consent without
adverse substantive consequences. The name of any party withholding consent will not be revealed to any judge who
may otherwise be involved with your case.
Consent to a magistrate judge’s consideration of a dispositive motion. The following parties consent to have a
United States magistrate judge conduct any and all proceedings and enter a final order as to each motion identified below
(identify each motion by document number and title) .
Motions: motion to dismiss and/or strike (Docket ## 108, 111)

Printed names of parties and attorneys
Stoncor Group, Inc./Jessica L. Gross, Michael
B. Sena
Peerless Insurance Company/Marshall T.
Potashner, David R. Shyer

Signatures of parties or attorneys

Dates

Reference Order
IT IS ORDERED: The motions are referred to a United States magistrate judge to conduct all proceedings and
enter a final order on the motions identified above in accordance with 28 U.S.C. § 636(c).

Date:
District Judge’s signature

Lewis A. Kaplan, United States District Judge
Printed name and title

Note:

Return this form to the clerk of court only if you are consenting to the exercise of jurisdiction by a United States
magistrate judge. Do not return this form to a judge.