Cruz v. O'Malley

Filing 4

ORDER. 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 the Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date on which Defendant enters an appearance, email to [e-mail] a fully executed Notice, Consent, and Reference of a Civil Action of a Civil Action to a Magistrate Judge form, available at https://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 the Magistrate Judge rather than before me. If either party does not consent to conducting all further proceedings before the Magistrate Judge, the parties must file a joint letter, within two weeks on which Defendant enters 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. SO ORDERED. (Signed by Judge J. Paul Oetken on 2/6/24) (yv)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
FIORDALIZA CRUZ,

Plaintiff,

24-CV-823 (JPO)

-vMARTIN J. O’MALLEY,

ORDER
Defendant.

J. PAUL OETKEN, District Judge:
By separate Order today, the Court is referring this case to the assigned Magistrate Judge
for a report and recommendation on any motion for judgment on the pleadings. In the event the
Magistrate Judge does not issue a case-specific scheduling order governing such motions, the
parties must comply with this District’s Standing Order governing challenges to denials of social
security benefits (see In re: Mots. J. Pleadings Social Sec. Cases, 16-mc-171).
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 the
Magistrate Judge.
If both parties consent to proceed before the Magistrate Judge, counsel for the defendant
must, within two weeks of the date on which Defendant enters an appearance, email to
[e-mail] a fully executed Notice, Consent, and Reference of
a Civil Action of a Civil Action to a Magistrate Judge form, available at
https://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 the Magistrate Judge rather than before me.

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If either party does not consent to conducting all further proceedings before the
Magistrate Judge, the parties must file a joint letter, within two weeks on which Defendant enters
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.
SO ORDERED.
Dated: February 6, 2024
New York, New York
____________________________________
J. PAUL OETKEN
United States District Judge

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