Opinion
22 Civ. 8753 (PAE) (VF)
10-17-2022
DIAMOND MELINA SILVA, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, et al. . Defendants.
ORDER
PAUL A. ENGELMAYER, UNITED STATES DISTRICT JUDGE:
By separate Order to be entered today, the Court is referring this case to the Hon. Stewart
D. Aaron, the assigned Magistrate Judge, for a report and recommendation on any motion for judgment on the pleadings. To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the assigned Magistrate Judge.
If both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date on which Defendant enters an appearance, either mail or email directly 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/forms/consent-proceed-us-magistrate-judge). If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. 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.
If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, 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 parties are free to withhold consent without negative consequences.
SO ORDERED. NOTICE, CONSENT, AND REFERENCE OF A CHIL ACTION TO A MAGISTRATE JUDGE
Notice of a magistrate judge's availability. A United States magistrate judge of this court is available to conduct all proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment The judgment may then be appealed, directly to the United. States court of appeals Lie any other judgment of this court. A magistrate judge may exercise this authority only if all parties voluntarily consent.
You may consent to have your care referred to a magistrate judge. or you may withhold your content 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. The following parties consent to have a United States magistrate judge conduct all proceedings m hit case including trial, the entry of final judgment, and all port-trial proceedings.
Parties' printed names Signatures of parties or attorneys Dates
Reference Order
IT IS 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 U.S.C. § 636(c) and Fed.R.Civ.P. 73.
Date:
District Judge's signatures
Printed name and title
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.