Foster v. Commissioner of the Social Security Administration

Filing 11

ORDER: 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 discuss whether they are willing to consent, under 28 U.S.C. § 636( c), to conducting all further proceedings before Magistrate Judge Gabriel W. Gorenstein. If both parties consent to proceed before Judge Gorenstein, counsel for the defendant must, within one week of the date of this Order, submit to the Orders & Judgments Clerk at [e-mail] 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 (and also available at https://www.nysd.uscourts.gov/site s/default/files/2018-06/AO-3.pdf). If the Court approves that form, all further proceedings will then be conducted before Judge Gorenstein rather than before the undersigned. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be from this Court if the consent form were not signed and so ordered. If either party does not consent to conducting all further proceedings before Judge Gorenstein, the parties must file a joint letter, within two weeks of this Order, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. At that time, the Court will then refer this case to Judge Gorenstein for a report and recommendation on any motion for judgment on the pleadings. The parties are free to withhold consent to conducting all further proceedings before Judge Gorenstein without negative consequences. SO ORDERED. (Signed by Judge John P. Cronan on 7/28/2022) (vfr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------------------- X
:
MICHAELE FOSTER,
:
:
Plaintiff,
:
:
-v:
:
:
COMMISSIONER OF THE SOCIAL SECURITY :
ADMINISTRATION,
:
:
Defendant.
:
:
---------------------------------------------------------------------- X

22 Civ. 1901 (JPC)
ORDER

JOHN P. CRONAN, United States District Judge:
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 discuss whether they are
willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before
Magistrate Judge Gabriel W. Gorenstein.
If both parties consent to proceed before Judge Gorenstein, counsel for the defendant must,
within one week of the date of this Order, submit to the Orders & Judgments Clerk at
[e-mail] 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 (and also available at
https://www.nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf). If the Court approves that
form, all further proceedings will then be conducted before Judge Gorenstein rather than before
the undersigned. Any appeal would be taken directly to the United States Court of Appeals for the
Second Circuit, as it would be from this Court if the consent form were not signed and so ordered.
If either party does not consent to conducting all further proceedings before Judge
Gorenstein, the parties must file a joint letter, within two weeks of this Order, advising the Court

that the parties do not consent, but without disclosing the identity of the party or parties who do
not consent. At that time, the Court will then refer this case to Judge Gorenstein for a report and
recommendation on any motion for judgment on the pleadings.
The parties are free to withhold consent to conducting all further proceedings before Judge
Gorenstein without negative consequences.
SO ORDERED.
Dated: July 28, 2022
New York, New York

__________________________________
JOHN P. CRONAN
United States District Judge

2

AO 85 (Rev. 02/17) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge

UNITED STATES DISTRICT COURT
for the
__________ District of __________
Plaintiff

v.
Defendant

)
)
)
)
)

Civil Action No.

NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION 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 in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment. The judgment
may then be appealed directly to the United States court of appeals like any other judgment of this court. A magistrate judge
may exercise this authority only if all parties voluntarily consent.
You may consent to have your case 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 authority. The following parties consent to have a United States magistrate judge
conduct all proceedings in this case including trial, the entry of final judgment, and all post-trial proceedings.
Printed names of parties and attorneys

Signatures of parties or attorneys

Dates

Reference Order
IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and
order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73.

Date:
District Judge’s signature

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.

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