Opinion
21-cv-7 (LJL)
11-08-2021
JOSEFA CASTILLO, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.
ORDER
LEWIS J. LIMAN, UNITED STATES DISTRICT JUDGE:
In the Case Management Plan and Scheduling Order entered on April 7, 2021, all parties consented to conducting all further proceedings before a United States Magistrate Judge, including motions and trial, under 28 U.S.C. § 636(c), and requested a referral to a Magistrate Judge for settlement discussions. Dkt. No. 20. The parties, however, did not submit and an attached fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form. The record is unclear whether the parties continue to consent to conducting all further proceedings before the United States Magistrate Judge. The Court ordered that the case be referred to Magistrate Judge Freeman for settlement discussions. Dkt. No. 21. Pending before the Court now is Defendant's motion for judgment on the pleadings. Dkt. No. 38.
It is hereby ORDERED that the parties discuss whether they are still willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the assigned Magistrate Judge.
If both parties consent to proceed before the assigned Magistrate Judge, the parties must, by no later than November 15, 2021 , 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. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit.
The form is also available at https://www.nysd.uscourts.gov/forms/consent-proceed-usmagistrate-judge.
If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties shall file a letter by no later than November 15, 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.