Minnesota Life Insurance Company v. Birney et al

Filing 34

ORDER granting 30 Motion to Set Aside 28 Rule 26(f) Report, 29 Consent to Jurisdiction by US Magistrate Judge and place back on the docket of Judge Gregory L. Frost. Signed by Judge Gregory L. Frost on 3/7/16. (kn)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
MINNESOTA LIFE
INSURANCE CO.,
Plaintiff,

Case No. 2:15-cv-2693
JUDGE GREGORY L. FROST
Magistrate Judge Terence P. Kemp

v.
CORY BIRNEY, et al.,
Defendants.
ORDER
This matter is before the Court for consideration of Defendant Cory Birney’s motion to
set aside the Order of Reference filed on February 1, 2016 (ECF No. 29) and to vacate the
Federal Rule of Civil Procedure 26(f) report that Plaintiff filed on January 29, 2016 (ECF No.
28). (ECF No. 30.) In support of the motion, Birney states that Plaintiff filed a Rule 26(f) report
containing the erroneous statement that the parties unanimously consented to the Magistrate
Judge’s jurisdiction when, in fact, Birney does not so consent.
The motion is unopposed and the deadline for filing a response in opposition has passed.
Pursuant to Southern District of Ohio Local Civil Rule 7.2(a)(2), the Court GRANTS the motion
(ECF No. 30), SETS ASIDE the February 1, 2016 order referring this case to the Magistrate
Judge (ECF No. 29), and ORDERS Plaintiff to file an amended Rule 26(f) report that accurately
reflects the parties’ Rule 26(f) conference. The Clerk is DIRECTED to place this matter back
on the docket of United States District Judge Gregory L. Frost.
IT IS SO ORDERED.
/s/ Gregory L. Frost
GREGORY L. FROST
UNITED STATES DISTRICT JUDGE