Opinion
22 Civ. 345 (JPC) (OTW)
05-18-2022
ESPERANZA SANCHEZ, Plaintiff, v. COMMISSIONER OF THE SOCIAL SECURITY, Defendant.
ORDER
JOHN P. CRONAN, UNITED STATES DISTRICT JUDGE
On January 27, 2022, the Honorable Alison J. Nathan, to whom this case was previously assigned, issued an order directing the parties to “meet and confer to discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the assigned Magistrate Judge.” Dkt. 10 at 1. If both parties consent to proceeding before Judge Wang, counsel for Defendant was directed to “ECF file a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate form” within two weeks of the date on which Defendant notices an appearance. Id. If either party does not consent to conducting all further proceedings before Judge Wang, the parties were directed to file a joint letter within two weeks of the date on which Defendant notices an appearance, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent.
Counsel for Defendant filed a notice of appearance in this action on February 17, 2022. Dkt. 12. The docket, however, does not reflect any document filed by the parties in accordance with Judge Nathan's January 27, 2022 Order. Accordingly, it is hereby ORDERED that, by June 1, 2022, the parties shall file a joint letter advising the Court as to whether both parties consent to conducting all further proceedings before Judge Wang.
If both parties consent to proceeding before Judge Wang, counsel for Defendant must, within two weeks of the date of this Order, submit to the Orders & Judgments Clerk at judgments@nysd.uscourts.gov a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this Order (and also available at https://www.nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf). If the Court approves that form, all further proceedings will then be conducted before Judge Wang rather than before the undersigned. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be from this Court if the consent form were not signed and so ordered.
If either party does not consent to conducting all further proceedings before Judge Wang, the parties must file a joint letter, within two weeks of this Order, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The Court has already referred this case to Judge Wang for a report and recommendation on any motion for judgment on the pleadings. See Dkt. 13.
The parties are free to withhold consent to conducting all further proceedings before Judge Wang without negative consequences.
SO ORDERED.