American Airlines Inc v. Travelport Limited et al

Filing 4

New Case Notes: A filing fee has been paid. File to Judge Means. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (klm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
_________________________________________

__________________________________
Plaintiff
__________________________________
Docket Number

v.
__________________________________
Defendant

CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE
In accordance with the provisions of 28 U.S.C. § 636(c), the parties to the above captioned
civil matter hereby waive their right to proceed before a Judge of the United States District
Court and consent to have a United States Magistrate Judge conduct any and all further
proceedings in the above styled case (including the trial) and order entry of a final judgment.
Party or Counsel of Record

Date

__________________________________
__________________________________
__________________________________

__________________________________
__________________________________
__________________________________

NOTE: Return this form to the District Clerk only if it has been executed by all parties to the
case.
__________________________________________________________________________
ORDER OF REASSIGNMENT
IT IS HEREBY ORDERED that the above captioned matter be reassigned to the United
States Magistrate Judge______________________________ for the conduct of all further
proceedings and the entry of judgment in accordance with 28 § 636(c) and the foregoing
consent of the parties.
__________________________________
Date:

__________________________________
UNITED STATES DISTRICT JUDGE

TRIALS BY THE UNITED STATES MAGISTRATE JUDGE
28 U.S.C. § 636(c)(1) and Fed. R. Civ. Proc 73(b) provide that upon the consent of all parties
in a civil case, the district judge may enter an order reassigning the civil case to a magistrate
judge. Miscellaneous Order No. 6 of the Northern District of Texas provides that it is the
plaintiff's obligation to attach a copy of this notice to the complaint and summons, when
served.

NOTICE OF RIGHT TO CONSENT TO PROCEED
BEFORE A UNITED STATES MAGISTRATE JUDGE
You have the opportunity to consent to the exercise of civil jurisdiction over your case by a
magistrate judge. If all parties involved in your case consent, the presiding district judge may
enter an order of transfer, and reassign your case to a magistrate judge.
Your decision to consent, or not to consent, to the reassignment of your case to a magistrate
judge is entirely voluntary and without any adverse consequences if you choose not to consent.
Your decision should be communicated to the clerk of the district court using the form
entitled: Consent to Proceed Before a United States Magistrate Judge ("consent form"). It is
preferred that all parties submit the consent form jointly, but it may be submitted individually
if necessary. A district judge or magistrate judge will not be informed of any party's response
to this notice unless all parties have consented to the referral of the matter to a magistrate
judge.
Even if all parties consent to the exercise of civil jurisdiction by a magistrate judge, the district
judge may choose not to enter an order reassigning the case to a magistrate judge. However, if
the district judge does enter an order of transfer, and reassigns your case to the magistrate
judge, the magistrate judge is then authorized to conduct any or all proceedings in the case,
including a jury or non−jury trial, and order the entry of a final judgment. Upon entry of
judgment by the magistrate judge in any case referred under 28 U.S.C. § 636(c)(1), 28 U.S.C.
§ 636(c)(3) provides that "an aggrieved party may appeal directly to the appropriate United
States court of appeals from the judgment of the magistrate judge in the same manner as an
appeal from any other judgment of a district court."
If you wish to consent to proceed before a United States magistrate judge and are a registered
electronic filer in the Northern District of Texas, you may access an electronic version of the
consent form via the court's ECF system under Civil Events, Other Filings. Detailed
instructions on how to complete the electronic version of the consent form are provided in the
ECF Administrative Procedures Manual located on the court's website at
www.txnd.uscourts.gov, Filing / ECF Info. Completing the electronic version of the consent
form will electronically submit the form.
The consent form may also be obtained in paper form from any of the clerk's seven divisional
offices.