Opinion
21 Civ. 458 (AT) (SN)
06-01-2022
ALFREDO HERNANDEZ RAMIREZ and LIZABETH HUERTAS RAMIREZ, Plaintiffs, v. AA BC BAKERY CAFE CORP. D/B/A THE BREAD FACTORY CAFE, CHRISTINE PAE, P. PAE, and ALBERT PAE, Defendants.
ORDER
ANALISA TORRES, United States District Judge.
The parties are reminded that they may consent to proceed before the Honorable Sarah Netburn, who would then oversee the approval of the revised settlement. If the parties consent to Judge Netburn's jurisdiction, by June 7, 2022, they shall file on the docket a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, available at https://nysd.uscourts.gov/node/754. The parties are free to withhold consent without negative consequences.
If the Court approves that form, all further proceedings, including approval of the revised settlement, will then be conducted before Judge Netburn 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.
UNITED STATES MAGISTRATE JUDGES:
Referrals and consents
All cases in die 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 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 will 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 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 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 filing an objection with tire 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 tune, 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 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 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 tire magistrate judge, and all parties must consent or the case will not proceed before die 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 Courts website.