U.S. Magistrate Judges Civil Consent Pilot Project
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Effective January 2, 2009, the Central District of California has established a pilot project where magistrate judges will be included in the pool of judicial officers for random selection as the assigned judge for all civil cases except class actions, death penalty habeas petitions, bankruptcy appeals or bankruptcy withdrawal of reference cases, cases referred to a magistrate judge for a Report and Recommendation under General Order 05-07 or any successor General Order, and cases in which a request for a temporary restraining order or motion for preliminary injunction is presented when the action is initiated.
The Clerk shall provide a Notice and Statement of Consent Form to the filing party who shall serve the forms on each party served in the action. If all parties consent, the case shall remain assigned to the magistrate judge for all purposes, including jury and non-jury trials and the entry of final judgment, pursuant to the provision of 28 U.S.C. § 636(c) and F.R. CivP. 73. If any defendant does not consent within thirty (30) days after service of the summons and complaint upon that defendant, or if the plaintiff has not filed a statement of consent within thirty (30) days after service upon the first-served defendant, the case shall be randomly reassigned to a district judge.
The parties are advised that they are free to withhold consent without adverse substantive consequences.
You may obtain a copy of the new General Order by visiting the Court’s website at www.cacd.uscourts.gov.
You may also contact the Civil Consent Case Coordinator at 213-894-4446 or [email protected] if you have any questions about this new pilot project.
TERRY NAFISI,
CLERK OF COURT