Opinion
21 CV 10622 (VB) (AEK)
09-29-2022
COLOMBIA BALLENILLA NUNEZ, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER
Vincent L. Briccetti, United States District Judge.
By Order dated December 13, 2021, (Doc. #6), the Court referred this case to Magistrate Judge Andrew E. Krause for a report and recommendation.
Also on December 13, 2021, the Court ordered the parties to discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before Judge Krause, and to either file an executed consent form or a letter indicating the parties do not consent by February 11, 2022. (Doc. #7). When defense counsel did not do so by February 11, on February 16, 2022, the Court sua sponte extended defense counsel's time to respond to March 2, 2022. (Doc. #10). On March 3, 2022, the Court again sua sponte extended defense counsel's time to respond to March 16, 2022. (Doc. #11).
On March 15, 2022, defense counsel filed a letter informing the Court she had attempted to reach plaintiff, who, at the time, was proceeding pro se, but had been unable to obtain consent to proceed before Judge Krause. (Doc. #13).
On August 12, 2022, Gerald Williams, Esq., appeared for plaintiff in this action. (Doc. #18). By October 13, 2022, counsel for the parties shall either (i) file a joint 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 was attached to the December 13, 2021, Order (and also available at https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf); or (ii) file a letter advising the Court the parties do not consent, but without disclosing the identity of the party or parties who do not consent. Also attached hereto is an information sheet regarding a consent to proceed before the magistrate judge. The parties are free to withhold consent without negative consequences.
SO ORDERED: