Cancel v. Commissioner of Social Security

Filing 5

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 the assigned Magistrate Judge. As further set forth in this Order. SO ORDERED (Signed by Judge Dale E. Ho on 11/25/2024) (ks)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
BRENDA L. CANCEL,
Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

24-CV-8876 (DEH)
ORDER

DALE E. HO, United States 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. As the case
involves a challenge to a final decision by the Commissioner of Social Security pursuant to 42
U.S.C. § 405(g), it is subject to the Supplemental Rules for Social Security Actions and Chief
Judge Swain’s Standing Order Regarding Briefing of Social Security Cases, No. 22-MC-329.
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
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 enters an appearance, 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://www.nysd.uscourts.gov/node/754). If the Court approves that form, all further
proceedings will then be conducted before the assigned Magistrate Judge rather than before the
undersigned.

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 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. There will be no
adverse consequences if the parties do not consent to proceed before the Magistrate Judge.

SO ORDERED.
Dated: November 25, 2024
New York, New York

__________________________________
DALE E. HO
United States District Judge

2

AO 85 (Rev. 01/09) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge

UNITED STATES DISTRICT COURT
for the
Southern District
York
__________
DistrictofofNew
__________
Plaintiff

v.
Defendant

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)
)
)
)

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.
Parties’ printed names

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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