Trustees of the Bricklayers and Masons Local No. 22 Pension Plan et al v. Miami Valley Masonry, Inc.

Filing 10

RECUSAL ORDER - This case is before the court sua sponte. In reviewing the parties Rule 26(f) Report (ECF No. 8 ), it appears the trial in this matter will be scheduled past the date on which the undersigneds term of office expires (March 1, 2018) . Therefore, the undersigned hereby RECUSES himself from further participation in this case and directs the Clerk to randomly re-assign the case to one of the other Magistrate Judges at Dayton. The Court appreciates the confidence in him displayed by the parties consent to magistrate judge jurisdiction under 28 U.S.C. § 636(c). Such consent is personal and does not transfer when a case is re-assigned. While the undersigned would encourage the parties to consider consenting to plenary jurisdiction of the transferee Magistrate Judge, that consent must be given separately, e.g., in an amended Rule 26(f) report. Signed by Magistrate Judge Michael R. Merz on 3/24/2017. (srb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
TRUSTEES OF THE BRICKLAYERS
LOCAL NO. 22 et al.,

:

Case No. 3:16-cv-491
Magistrate Judge Michael R. Merz

Plaintiffs,
-

:

vs :

MIAMI VALLEY MASONRY, INC.
:
Defendant.

RECUSAL ORDER

This case is before the court sua sponte.
In reviewing the parties Rule 26(f) Report (ECF No. 8), it appears the trial in this matter
will be scheduled past the date on which the undersigned’s term of office expires (March 1,
2018). Therefore, the undersigned hereby RECUSES himself from further participation in this
case and directs the Clerk to randomly re-assign the case to one of the other Magistrate Judges at
Dayton.
The Court appreciates the confidence in him displayed by the parties’ consent to
magistrate judge jurisdiction under 28 U.S.C. § 636(c). Such consent is personal and does not
transfer when a case is re-assigned. While the undersigned would encourage the parties to

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consider consenting to plenary jurisdiction of the transferee Magistrate Judge, that consent must
be given separately, e.g., in an amended Rule 26(f) report.
March 24, 2017.
s/ Michael R. Merz
United States Magistrate Judge

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