Opinion
20 Civ. 4987 (AT) (JW)
06-02-2022
ISAIS FLORES MARTINEZ, individually and on behalf of others similarly situated, Plaintiff, v. BISMILLAH BAWARCHI INC. D/B/A BAWARCHI INDIAN CUISINE, FRESH FOOD NYC INC. D/B/A BAWARCHI INDIAN CUISINE, AZIZ A KHAN, and MOHAMMED A. MAHBUB, Defendants.
ORDER
ANALISA TORRES, DISTRICT JUDGE
The parties are reminded that they may consent to proceed before the Honorable Jennifer Willis, who would then oversee the approval of the settlement. If the parties consent to Judge Willis's jurisdiction, by June 7, 2022, they shall file a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, available at https://nysd.uscourts.gov/node/754 on the docket. The parties are free to withhold consent without negative consequences.
If the Court approves that form, all further proceedings will then be conducted before Judge Willis rather than before the undersigned. 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.
SO ORDERED.
UNTIED 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 judges 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 judge for specific purposes. Commonly. the referral ml be for the magistrate judge to conduct the proceedings that occur before trial, such as resolving discovery 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 hove 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 the district judge to refer the case to the magistrate judge for these purposes. If the district judge has made such a referral, you can ask the district judge to review any magistrate judge's decision by riling an objection 'with the district judge within fourteen days of that decision. The district judge 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 time, including on appeal. Sec 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 judge will perform the identical function that the district judge would have performed. Any trial in your case would be either a jury or a nenjury trial, depending upon whether there is a right to a jury 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 judge. If you consent to proceed before the magistrate judge, the district judge 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 all 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 Se Intake Unit and on the Courts website.