Tolley v. SWISS RE CORPORATE SOLUTIONS ELITE INSURANCE CORPORATION
Filing
10
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 conduct all further proceedings before the assigned Magistrate Judge. SO ORDERED (Signed by Judge Dale E. Ho on 1/23/2025) (ks)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Benevolent and Protective Order of Elks of the
United States of America,
Plaintiff,
v.
25 Civ. 516 (DEH)
Swiss Re Corporate Solutions Elite Insurance
Corporation,
ORDER
Defendant.
DALE E. HO, 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 conduct 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://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 assigned Magistrate Judge 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 if the consent form were not signed and so
ordered.
If either party does not consent to conducting all further proceedings before the assigned
Magistrate Judge, the parties must, within two weeks of the date on which Defendant enters
an appearance, file a joint letter 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: January 23, 2025
New York, New York
DALE E. HO
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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