Opinion
21 Civ. 5104 (AT) (SDA)
07-28-2022
ADRIAN NAJERA. Plaintiff, v. A.M. CONSTRUCTION AND REPAIR. INC. D/B/A A.M. CONSTRUCTION AND REPAIR, INC., ROCIO CEPEDA, and AIMEE MORALES, Defendants.
ORDER
ANALISA TORRES, District Judge:
Trial has been scheduled in this matter to begin on April 24, 2023. ECF No. 37. Because of the substantial backlog of trial-ready cases due to the COVID-19 pandemic, this date is only tentative, and the trial may be delayed further. The parties are reminded that they may consent to proceed before the Honorable Stewart D. Aaron, who would then oversee the trial and resolve any pending matters before the Court.
If the parties consent to Judge Aaron's jurisdiction, by August 4, 2022, they shall file a hilly executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, available at https://nysd.uscomts.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 Aaron. 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 Cir cuit, as with any matter heard by a district judge.
SO ORDERED.
NOTICE. CONSENT, AND REFERENCE OF A CH IL ACTION TO A MAGISTRATE HD GE
Notfre of a nagistrate judge s availability. A United States magistrate judge of this court B available to conduct all proceedings in tins civil action, (including a jury ca nonjury trial) and to aider 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 partra s voluntarily consent.
You may consent to have your case referred to a magistrate; udge. 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. He following parties -consent to have a United States magistrate judge conduct all proceedings tn this case including trial, the entry of final judgment, and all post-tnal proceedings.
Reference Order
IT E 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 ILS.C. § 636(c) and Fed. R Civ. P 73.
Note: Return this form to the clerk of court only if you are consenting to the exercise of jurisdiction by a United States magistrate judge. Do not return this form to a judge.
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 judges are appointed for life terms by the President. Magistrate judges are selected by a majority vote of the district judges in the par ticular' 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 will be for the magistrate judge to conduct tire 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 die district judge to refer the case to the magistrate judge for these purposes. Lf the district judge has made such a referral, you can ask the district judge to renew any magistrate judge's decision by tiling 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. 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 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 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 judge. If you consent to proceed before tire 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 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 Se Intake Unit and on rhe Court's website.