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I've spoken with opposing counsel and we want to consent as quickly as possible to get some motions decided. Do we have to follow the whole consent process as outlined?
There is no problem in filing a joint consent, similar to a stipulation. This document can be efiled and place on the docket immediately as there is no reason to shield the judge from knowing that the consents have been received. Please call the Consent Clerk prior to efiling a joint consent to ensure it will be filed appropriately. (801-524-6100)
Why would I want to consent to the magistrate judge assignment? What would be the advantage to my client?
The court has a very heavy criminal caseload which has an effect on trial dates for district judges. The court also has four well qualified magistrate judges who can, with the consent of the parties, provide a judicial resource for civil cases which can assist in efficiently dealing with the court' s caseload . The assignment of a small number of civil cases at case opening to magistrate judges, contingent upon consent of the parties, has been very successful in other federal courts which have initiated similar programs.
I've got parties that I can't serve. What about them?
You may need to make some strategic decisions and either dismiss non served parties or place them in default. There may be some challenges to a default judgment entered by a magistrate judge against a non defaulting, non consenting defendant. As in the multiple defendant and multiple claim case, any party may ask the magistrate judge or the magistrate judge sua sponte may order that the clerk reassign the case to a district judge.
What if a party doesn't return the consent/request for reassignment?
Because all parties must consent, if any party fails to return a form indicating their choice, the case cannot be adjudicated by the magistrate judge. The clerk's office will send one reminder notice to the party which will appear on the docket. If there is still no response, the case will have to be reassigned, even if all other parties have consented. It will be clear from the docket which party or parties did not return the consent/request for reassignment.
Okay, how will the consents/requests for reassignment be handled so the judges won't know which party requested a reassignment? Will the judges really not know?
The consents will be handled separately from the CM/ECF case docket. You can email the form to a separate, private email box. (email@example.com ). You also could mail the form to the court in paper, directed to the Consent Clerk. A deputy clerk will docket the fact that a consent/request for reassignment has been received from the party and only that. No image will be attached. The consent will be placed in a secure paper file. The next consent/request will be again docketed but not imaged. After all the parties have responded, the clerk will review the forms and if everyone has consented, the consents will be imaged and docketed. If there are any requests for reassignment, the case will be reassigned without any images being docketed. The paper file will not be retained. It will not be the case that as soon as a request for reassignment has been received, the reassignment is done immediately so that anyone reading the docket would figure out which party didn't consent. For example, if the case has three defendants each with individual counsel, the court would be looking for four entries that consent/ request for reassignment had been filed. First to file is the plaintiff who consents on day 30 after filing. Second, defendant A requests reassignment on day 34. Defendant B files a consent on day 37 and Defendant C files a consent on day 45. The clerk will review the forms on day 46 and reassign the case. Any other scenario is possible with consents/requests for reassignment but the judges will only know that forms were returned and at least one party did not consent.
Will this policy be in effect for criminal matters?
No, criminal cases will be assigned in the same manner in which they are assigned today.
Will all cases that are in class of cases eligible for magistrate judge assignment at case opening be assigned to magistrate judges?
No, each case which is eligible for assignment to a magistrate judge will be randomly assigned and may be assigned to a district judge, senior judge or magistrate judge. The assignment deck will always have more district judge "cards" than senior judge or magistrate judge cards.
I've got a case filed in state court that I am removing. Will this be handled any differently?
The case will be reviewed by the intake office to see whether it is eligible for a magistrate judge assignment. If it is and it is assigned to a magistrate judge, both plaintiffs and defendants will have the opportunity to privately consent or request a reassignment to a district judge. In a removal action, the process will proceed a little more quickly and the case either assigned to the magistrate judge or reassigned to a district judge early in the process.
All fine and dandy, but in my case, I have seven defendants and one defendant has filed a third party complaint and it's going to take forever to get consents and I have pending dispositive motions against some defendants. What happens then?
A magistrate judge can only proceed under 28 U.S.C. § 636 ( c ) when all the parties consent. If, as the case develops, it becomes clear that consents can't be filed within a reasonable period of time, the magistrate judge, sua sponte or upon motion by a party, can order the clerk to randomly reassign the case to a district judge.
If my client requests reassignment to a district judge, how soon will that occur?
Barring exceptional circumstances, the reassignment of the case will not occur immediately upon receipt of the form requesting a reassignment if that will indicate which party did not consent.
For example, if a plaintiff files a request for reassignment four days after the case was filed and the case is reassigned upon receipt of the consent form, it is pretty clear what choice the plaintiff made. If, however, the receipt of the complaint is noted on the docket and subsequently the defendant is served, files an answer and a consent form, the receipt of the defendant's consent form is noted and the case is reassigned, with no one aware of which party or parties requested reassignment.
If the plaintiff consents and the defendant consents, consents are docketed and case continues with the magistrate judge.