Canter et al v. Omega Healthcare Services, Inc. et al

Filing 34

ORDER denying without prejudice 28 Joint Motion to Consent to the Jurisdiction of the Magistrate Judge for Settlement Proceedings. Signed by Judge Edmund A. Sargus on 6/5/2024. (cmw)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
RICHARD CANTER, et al.,
Plaintiffs,
Case No. 2:23-cv-01037
JUDGE EDMUND A. SARGUS, JR.
Magistrate Judge Kimberly A. Jolson

v.
OMEGA HEALTHCARE SERVICES,
INC., et al.,
Defendants.
ORDER

This matter is before the Court on the parties’ Joint Motion to Consent to the Jurisdiction
of the Magistrate Judge for Settlement Proceedings. (ECF No. 28.) The parties state that they
“consent to the jurisdiction of Magistrate Judge Kimberly A. Jolson for the limited purpose of
deciding any and all motions connected to and/or related to the settlement of this matter,
including all proceedings related to motions demonstrating the fairness of the settlement and the
application for attorneys’ fees and costs.” (Id.) But, “if the settlement is not fully approved as
proposed, or the matter is not fully resolved for any reason,” they “agree that the matter will go
forward under the jurisdiction” of the undersigned. (Id.)
While litigants in a civil action may consent to the jurisdiction of a magistrate judge,
consent can be withdrawn only in “extraordinary circumstances.” 28 U.S.C. § 636(c); S.D. Ohio
Gen. Order No. COL 14-01; S.D. Ohio Gen. Order No. 22-05; S.D. Ohio Civ. R. 72.1, 72.2. The
parties’ Joint Motion suggests that they consent to the Magistrate Judge’s jurisdiction only if the
settlement is approved “as proposed,” and if the settlement fails for any reason, the matter will
revert to the undersigned. These stipulations depart from the purposes of 28 U.S.C. § 636(c) and

the local rules and general orders, such as judicial economy.
The Joint Motion is DENIED without prejudice. (ECF No. 28.) If the parties would like
to properly consent to the Magistrate Judge’s jurisdiction, they may so move.
IT IS SO ORDERED.
6/5/2024
DATE

s/Edmund A. Sargus, Jr.
EDMUND A. SARGUS, JR.
UNITED STATES DISTRICT JUDGE

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