Fernandez Pena v. Commissioner of Social Security

Filing 6

ORDER: By separate order, the Court has assigned this case to the assigned Magistrate Judge for a report and recommendation on any motion for judgment on the pleadings. To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must meet and confer to discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks of the date on which Defendant notices an appearance, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. (And as further set forth herein.) SO ORDERED. (Signed by Judge Alison J. Nathan on 10/13/2020) (jca)

Case 1:20-cv-07897-AJN-SLC Document 6 Filed 10/14/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

10/14/2020

Plaintiff,
–v–

20 CV

Commissioner of the Social Security,

(AJN)

ORDER

Defendant.

ALISON J. NATHAN, District Judge:
By separate order, the Court has assigned this case to the assigned Magistrate Judge for a
report and recommendation on any motion for judgment on the pleadings. To conserve
resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this
matter, it is hereby ORDERED that the parties must meet and confer to discuss whether they are
willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the
assigned Magistrate Judge.
If both parties consent to proceed before the Magistrate Judge, counsel for Defendant
must, within two weeks of the date on which Defendant notices an appearance, ECF file a fully
executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of
which is attached to this Order. 1 If the Court approves that form, all further proceedings will
then be conducted before the assigned Magistrate Judge, rather than before the undersigned.
Any appeal would be taken directly to the U.S. Court of Appeals for the Second Circuit, as it
would be if the consent form were not signed and so-ordered. An information sheet on
proceedings before magistrate judges is also attached to this Order.

1

The form is also available at http://nysd.uscourts.gov/file/forms/consent-to-proceed-before-us-magistrate-judge.

Case 1:20-cv-07897-AJN-SLC Document 6 Filed 10/14/20 Page 2 of 2

If either party does not consent to conducting all further proceedings before the assigned
Magistrate Judge, the parties must file a joint letter, within two weeks of the date on which
Defendant notices an appearance, advising the Court that the parties do not consent, but without
disclosing the identity of the party or parties who do not consent. The parties are free to
withhold consent without negative consequences.
SO ORDERED.

Dated:

13, 2020
New York, New York
__________________________________
ALISON J. NATHAN
United States District Judge