Battles v. Costco Wholesale Corporation

Filing 8

ORDER In an effort to achieve a faster disposition of this matter, to conserve resources, and to promote judicial efficiency, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the designated Magistrate Judge. If the parties consent to proceed before the Magistrate Judge, counsel for Defendant must, within two weeks of the date of this Order, file on ECF 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://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf). The executed form should be filed using the "Proposed Consent to Jurisdiction by US Magistrate Judge" filing event in accordance with ECF Rule 13.27. If the Court approves that form, then all further proceedings will be conducted before the designated Magistrate Judge. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so-ordered. If either party does not consent to conducting all further proceedings before the designated Magistrate Judge, the parties must file a joint letter, within two weeks of the date of this Order, informing 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. (Signed by Judge Jennifer H. Rearden on 5/10/2024) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
GLORIA BATTLES,
Plaintiff,
-v.-

24 Civ. 03312 (JHR)
ORDER

COSTCO WHOLESALE CORPORATION,
Defendant.
JENNIFER H. REARDEN, District Judge:
In an effort to achieve a faster disposition of this matter, to conserve resources, and to
promote judicial efficiency, it is hereby ORDERED that the parties discuss whether they are
willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the
designated Magistrate Judge.
If the parties consent to proceed before the Magistrate Judge, counsel for Defendant
must, within two weeks of the date of this Order, file on ECF 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://nysd.uscourts.gov/sites/default/files/2018-06/AO3.pdf). The executed form should be filed using the “Proposed Consent to Jurisdiction by US
Magistrate Judge” filing event in accordance with ECF Rule 13.27. If the Court approves that
form, then all further proceedings will be conducted before the designated Magistrate Judge.
Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit,
as it would be if the consent form were not signed and so-ordered.
If either party does not consent to conducting all further proceedings before the
designated Magistrate Judge, the parties must file a joint letter, within two weeks of the date of
this Order, informing 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: May 10, 2024
New York, New York

JENNIFER H. REARDEN
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.

Print

Save As...

Reset