Opinion
21 Civ. 5507 (AT) (KNF)
07-12-2021
ULTRIA, INC., Plaintiff, v. NEW YORK TIMES COMPANY, Defendant.
ORDER
ANALISA TORRES United States District Judge
To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the assigned Magistrate Judge.
If all parties concent to proceed before the magistrate judge, counsel for defendant shall by August 23, 2021, e-mail a fully executed Notice, consent and Referance of a civil to a Magistrate Judge from, available at https://nysd.uscourts.gov/node/754 and attached to this order toOrders_and_Judgments@nysd.uscourts.gov. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered.
If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by August 23, 2021, 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.
UNITED STATES MAGISTRATE JUDGES: REFERRALS AND CONSENTS
All cases in the Southern District of New York are assigned to two judges: a district judge and a magistrate judge. District fudges are appointed for life terms by the President. Magistrate fudges are selected by a majority vote of the district judges in the particular district and serve terms of eight years.
Referrals to the Magistrate Judge. The district judge assigned to your case may refer the case to a magistrate fudge for specific purposes. Commonly, the referral will be for the magistrate judge to conduct the proceedings that occur before trial, such as resolving discover/ disputes or presiding over settlement conferences. A referral may also be made for the magistrate judge to issue to the district judge a report and recommendation on how to resolve a motion, such as a motion to dismiss or a motion for summary judgment. The consent of the parties is not needed for tire district judge to refer the case bo the magistrate fudge for these purposes. If the district judge has made such a referral, you can ask the district fudge to review' any magistrate judge's decision by tiling an objection 'with the district judge within four teen days of that decision. The district fudge will rule on any timely objections that you file. If you do not file an objection, you will give up your right to challenge the magistrate judge's decision at a later tune, including on appeal. See Rule 72 of the Federal Rules of Civil Procedure.
Consent to Proceed Before the Magistrate Judge. If you would like your case to move more quickly, it is helpful to consent to proceed before the magistrate judge for all purposes, including any trial. If you consent, the magistrate fudge will perform the identical function that the district judge would have performed. Any trial in your case would be either a jury or a nonjury trial, depending upon whether there is a right to a jure trial and a proper request for such a trial. The only difference is that the magistrate judge - and not the district judge - would preside over that triaL Cases that proceed for all purposes before a magistrate judge generally move more quickly than cases before a district fudge. If you consent to proceed before tire magistrate judge, the district fudge plays no further role in the case. Any appeal is taken directly to the Court of Appeals. It is your choice whether or not to consent to proceed before the magistrate judge, and al] parties must consent or the case will not proceed before the magistrate judge.
A copy of the appropriate consent form is attached. Additional forms are also available from the Pro 5e Intake Unit and on the Court's website.