Opinion
21 CV 2358 (VB)(JCM)
06-08-2021
PETER-JOHN RODRIGUEZ, Plaintiff, v. COMMISSIONER ANDREW SAUL, Commissioner of Social Security, Defendant.
ORDER
Vincent L. Briccetti United States District Judge.
By Order dated March 19, 2021 (Doc, #7), the Court referred this case to Magistrate Judge Judith C. McCarthy for a report and recommendation.
On May 21, 2021, to conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, the Court ordered that the parties must discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (Doc. #10). The Court ordered defendant's counsel to respond by June 4, 2021.
To date, the Court has received no answer to the May 21, 2021, Order.
Accordingly, the Court sua sponte extends defense counsel's time to June 22, 2021, to comply with the Court's May 21, 2021, Order, and either (i) file a letter with the Court, with an attached fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, the blank form for which is attached to this order (and also available at https://nysd.uscourts.gov/sites/default/files/20 18-06/AO-3.pdf); or (ii) file a letter advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences.
SO ORDERED:
NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE
Notice of a magistrate judge's availability. A United States magistrate judge of this court is available to conduct all proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment. The judgment may then be appealed directly to the United States court of appeals like any other judgment of this court. A magistrate judge may exercise this authority only if all parties voluntarily consent.
You may consent to have your case referred to a magistrate judge, or you may withhold your consent without adverse substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise be involved with your case.
Consent to a magistrate judge's authority. The following parties consent to have a United States magistrate judge conduct all proceedings in this case including trial, the entry of final judgment, and all post-trial proceedings.
Printed names of parties and attorneys
Signatures of parties or attorneys
Dates
Reference Order
IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P, 73.
Dated:
District Judge's signature
Printed name and title