Opinion
Case No. CV 03-439-S-LMB
October 16, 2003
ORDER
Pursuant to District of Idaho Local Civil Rule 16.1, at least twenty-one (21) days prior to a scheduling conference, the parties shall confer and discuss the items contained in the Scheduling Conference Form/Litigation Plan (see attached).
Pursuant to Federal Rules of Civil Procedure 26 and Local Rule 16.1, fourteen (14) days after the parties have conferred on the Scheduling Conference Form/Litigation Plan, the parties must make their initial disclosures.
In addition, prior to a scheduling conference, the parties must advise the Court in writing if they wish to proceed before a Magistrate Judge by signing and returning the Notice of Availability of a United States Magistrate Judge to Exercise Jurisdiction and Requirement for Consent (see attached). If a party does not wish to proceed before a Magistrate Judge, they must advise the Clerk of Court in writing and this matter will then be reassigned to a District Judge.
THEREFORE TT IS HEREBY ORDERED:
1. The parties shall confer and discuss the items contained in the Scheduling Conference Form/Litigation Plan as set forth in the Local Rules and Federal Rules of Civil Procedure and shall file the Litigation Plan with the Clerk of Court.
2. The parties shall determine if this matter shall proceed before a United States Magistrate Judge or if they wish to request reassignment by either returning the Notice of Availability or requesting in writing that this matter be reassigned.
3. After the Litigation Plan and consent decisions have been filed with the Clerk of Court, Plaintiff(s) shall be responsible for contacting Lynette Case, Judge Boyle's courtroom deputy, at (208)334-9023, for the purpose of setting a scheduling conference, A scheduling conference will not be set until after the Litigation Plan and consent forms have been filed with the Clerk of Court. It shall be Plaintiff's responsibility to ensure that the Litigation Plan and consent forms have been filed with the Court prior to requesting a scheduling conference.
4. In the event the Litigation Plan and consent decisions have not been filed within ninety (90) days of the date of this Order , Plaintiff(s) shall submit a written report advising the Court of the status of this matter.
5. Plaintiff(s) shall be responsible for serving this Order on any party not. represented on the attached Clerk's Certificate of Mailing.
NOTICE OF AVAILABILITY OF A UNITED STATES MAGISTRATE JUDGE TO EXERCISE JURISDICTION AND REQUIREMENT FOR CONSENT
In accordance with United Stales District Court for the District of Idaho General Order #159, and Fed.R.Civ.P. 73, you are notified that a United States Magistrate Judge of this district court is available to conduct any or all proceedings in this case, including a jury or nonjury trial, and to order the entry of a final judgment. Exercise of this jurisdiction by a United States Magistrate Judge is available only if all parties file a written consent, a coy of which is included in this notice.
You may without adverse substantive consequences withhold your consent. No judge shall he informed of a party's response to the clerk's notification, unless all parties have consented to the referral of the matter to a United States Magistrate Judge. The decision of the parties shall be communicated to the Clerk of Court.
An appeal from a judgment entered by a United States Magistrate Judge will be directly to the United States Circuit Court of Appeals for the Ninth Circuit in the same manner as an appeal from any other judgment of this district. 28 U.S.C. § 636(c); Fed.R.Civ.P. 73.
If you wish to consent to this matter being handled by a United States Magistrate Judge, please sign this form and return if to the address at the bottom of this form. If all parties do not consent to the exercise of jurisdiction by a United States Magistrate Judge prior to the Rule 16.1 Scheduling Conference, this matter will not be reassigned.
NOTE: All consents and requests fur reassignment should be sent to:
CONSENT TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE
In accordance with provisions of 28 U.S.C. § 636(c) and Fed.R.CIV. P. 73, the parties in this case consent to have a United States Magistrate Judge conduct any and all proceedings in this case, including the trial, order the entry of a final judgment, and conduct all post-judgment proceedings.