The URL can be used to link to this page

Home My WebLink About2017CV1177 - Mcgrath V. Fcps Officer Nick Rogers - 003 - Summons Issued To Nick Rogers$2 5HY $2 5HY IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. _____ -cv- ___________- _____ _______________________________________, Plaintiff(s), v. _______________________________________, Defendant(s). CONSENT/NON-CONSENT TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE ________________________________________________________________________________ Under 28 U.S.C. § 636(c), Fed. R. Civ. P. 73, D.C.COLO.LCivR 72.2, and D.C.COLO.LAPR 72.2 – Consent Jurisdiction of a Magistrate Judge, you are notified that a United States magistrate judge of this district court is available to handle all dispositive matters in this civil action, including a jury or nonjury trial, and to order the entry of a final judgment. Exercise of this jurisdiction by a magistrate judge, however, is permitted only if all parties voluntarily consent and the district judge orders the reference to a magistrate judge under 28 U.S.C. § 636(c). An appeal from a judgment entered by a magistrate judge shall be taken directly to the appropriate United States Court of Appeals in the same manner as an appeal from any other judgment of a district court. Consent to magistrate judge jurisdiction is voluntary, and no adverse consequence shall result if consent is declined. If any party withholds consent, the identity of the parties consenting or withholding consent will not be communicated to any magistrate judge or to the district judge to whom the case has been assigned. Pursuant to D.C.COLO.LCivR 72.2, no district judge or magistrate judge, court official, or court employee may attempt to influence the granting or withholding of consent to the reference of any civil matter to a magistrate judge under this rule. If this civil action has been referred to a magistrate judge to handle certain nondispositive matters, that reference shall remain in effect. Upon entry of an order of reference pursuant to 28 U.S.C. § 636(c), the civil action will be assigned to the magistrate judge then assigned to the case. You are directed to confer with all parties in this action and execute and file with the Court the attached Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction, indicating either the unanimous consent of the parties or that at least one party has declined to consent, at the earlier of (1) no later than seven days before the scheduling conference, if any; or (2) 45 days after the filing of the first response, other than an answer, to the operative complaint. All parties must Case 1:17-cv-01177-LTB-NYW Document 3-1 Filed 05/11/17 USDC Colorado Page 1 of 4 either consent to the exercise of magistrate judge jurisdiction, or any party may decline to consent. In either event, filing of the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction is mandatory, indicating either the unanimous consent of the parties or that at least one party has declined to consent. Any party added to the civil action after reference to a magistrate judge shall be notified by the clerk of the obligation to complete and file the mandatory Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction. If any added party does not consent to magistrate judge jurisdiction within 21 days from the date of the notice, the civil action shall be assigned to a district judge, and the magistrate judge shall continue on the case as if consent had been declined initially. Case 1:17-cv-01177-LTB-NYW Document 3-1 Filed 05/11/17 USDC Colorado Page 2 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. _____ -cv- __________- _____ , Plaintiff(s), v. , Defendant(s). ELECTION CONCERNING CONSENT/NON-CONSENT TO UNITED STATES MAGISTRATE JUDGE JURISDICTION ______________________________________________________________________ Under 28 U.S.C. § 636(c) and (1) D.C.COLO.LCivR 40.1(c) (Assignment of Cases/Direct Assignment to Magistrate Judges); or (2) Fed. R. Civ. P. 73 and D.C.COLO.LCivR 72.2 (Consent Jurisdiction of a Magistrate Judge); or (3) D.C.COLO.LAPR 72.2 (Consent Jurisdiction of a Magistrate Judge). CHECK ONE all parties in this civil action CONSENT to have a United States magistrate judge conduct all proceedings in this civil action, including trial, and to order the entry of a final judgment; OR at least one party in this civil action DOES NOT CONSENT to have a United States magistrate judge conduct all proceedings in this civil action, including trial, and to order the entry of a final judgment. Case 1:17-cv-01177-LTB-NYW Document 3-1 Filed 05/11/17 USDC Colorado Page 3 of 4 Signatures Party Represented Date _________________________ _________________________ ________________ Print name_____________________________________________________________ _________________________ _________________________ ________________ Print name_____________________________________________________________ _________________________ _________________________ ________________ NOTE: You are directed to confer with all parties in this action and execute and file with the Court this Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction, indicating either the unanimous consent of the parties or that at least one party has declined to consent, at the earlier of (1) no later than seven days before the scheduling conference, if any; or (2) 45 days after the filing of the first response, other than an answer, to the operative complaint. All parties must either consent to the exercise of magistrate judge jurisdiction, or any party may decline to consent. In either event, filing of the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction is mandatory, indicating either the unanimous consent of the parties or that at least one party has declined to consent. Case 1:17-cv-01177-LTB-NYW Document 3-1 Filed 05/11/17 USDC Colorado Page 4 of 4 6XPPRQVLQD&LYLO$FWLRQ 3DJH &LYLO$FWLRQ1R PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) 7KLVVXPPRQVIRU(name of individual and title, if any) ZDVUHFHLYHGE\PHRQ(date) u ,SHUVRQDOO\VHUYHGWKHVXPPRQVRQWKHLQGLYLGXDODW (place) RQ(date) RU u ,OHIWWKHVXPPRQVDWWKHLQGLYLGXDO¶VUHVLGHQFHRUXVXDOSODFHRIDERGHZLWK(name) DSHUVRQRIVXLWDEOHDJHDQGGLVFUHWLRQZKRUHVLGHVWKHUH RQ(date) DQGPDLOHGDFRS\WRWKHLQGLYLGXDO¶VODVWNQRZQDGGUHVVRU u ,VHUYHGWKHVXPPRQVRQ(name of individual) ZKRLV GHVLJQDWHGE\ODZWRDFFHSWVHUYLFHRISURFHVVRQEHKDOIRI(name of organization) RQ(date) RU u ,UHWXUQHGWKHVXPPRQVXQH[HFXWHGEHFDXVH RU u 2WKHU(specify): 0\IHHVDUH IRUWUDYHODQG IRUVHUYLFHVIRUDWRWDORI ,GHFODUHXQGHUSHQDOW\RISHUMXU\WKDWWKLVLQIRUPDWLRQLVWUXH 'DWH Server’s signature Printed name and title Server’s address $GGLWLRQDOLQIRUPDWLRQUHJDUGLQJDWWHPSWHGVHUYLFHHWF 17-CV-1177-LTB-NYW 0.00 Case 1:17-cv-01177-LTB-NYW Document 3 Filed 05/11/17 USDC Colorado Page 2 of 2 6XPPRQVLQD&LYLO$FWLRQ 81,7('67$7(6',675,&7&2857 IRUWKH 'LVWULFWRI Colorado Plaintiff Y &LYLO$FWLRQ1R Defendant SUMMONS IN A CIVIL ACTION 7R(Defendant’s name and address) $ODZVXLWKDVEHHQILOHGDJDLQVW\RX :LWKLQGD\VDIWHUVHUYLFHRIWKLVVXPPRQVRQ\RX QRWFRXQWLQJWKHGD\\RXUHFHLYHGLW ²RUGD\VLI\RX DUHWKH8QLWHG6WDWHVRUD8QLWHG6WDWHVDJHQF\RUDQRIILFHURUHPSOR\HHRIWKH8QLWHG6WDWHVGHVFULEHGLQ)HG5&LY 3 D RU ²\RXPXVWVHUYHRQWKHSODLQWLIIDQDQVZHUWRWKHDWWDFKHGFRPSODLQWRUDPRWLRQXQGHU5XOHRI WKH)HGHUDO5XOHVRI&LYLO3URFHGXUH7KHDQVZHURUPRWLRQPXVWEHVHUYHGRQWKHSODLQWLIIRUSODLQWLII¶VDWWRUQH\ ZKRVHQDPHDQGDGGUHVVDUH ,I\RXIDLOWRUHVSRQGMXGJPHQWE\GHIDXOWZLOOEHHQWHUHGDJDLQVW\RXIRUWKHUHOLHIGHPDQGHGLQWKHFRPSODLQW <RXDOVRPXVWILOH\RXUDQVZHURUPRWLRQZLWKWKHFRXUW CLERK OF COURT 'DWH Signature of Clerk or Deputy Clerk s/ A. Menza Anthony Viorst, Esq. Viorst Law Offices, PC 950 South Cherry Street, Suite 300 Denver, CO 80246 CL DAKOTA TYLER MCGRATH FORT COLLINS POLICE SERVICES OFFICER NICK RODGERS, in his individual capacity 17-CV-1177-LTB-NYW Nick Rodgers Fort Collins Police Department 2221 South Timberline Road Fort Collins, CO 80525 05/12/2017 Case 1:17-cv-01177-LTB-NYW Document 3 Filed 05/11/17 USDC Colorado Page 1 of 2