HomeMy WebLinkAbout2018CV2867 - Fort Collins Mennonite Fellowship And Steve Ramer V. City Of Fort Collins, Et Al - 036B - Magistrate ConsentIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. -cv- -
,
Plaintiff(s),
v.
,
Defendant(s).
______________________________________________________________________
CONSENT/NON-CONSENT FORM PURSUANT TO D.C.COLO.LCivR 40.1(c) –
DIRECT ASSIGNMENT TO MAGISTRATE JUDGES
______________________________________________________________________
Under 28 U.S.C. § 636(c) and the D.C.COLO.LCivR 40.1(c) – Assignment of
Cases/Direct Assignment to Magistrate Judges, you are notified that this civil action has
been randomly assigned to a full time United States magistrate judge of this district to
conduct all proceedings in this civil action, including 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 to the reference 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.
You must complete and file the attached Consent/Non-Consent Form 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
Consent/Non-Consent Form is mandatory, indicating either the unanimous consent of
the parties or that at least one party has declined to consent.
If all parties consent to magistrate judge jurisdiction, the magistrate judge shall
notify the Chief Judge or his/her designee, who shall determine whether to enter an
order of reference under 28 U.S.C. § 636(c). If an order of reference is entered, the
magistrate judge shall conduct all proceedings and order the entry of judgment. The
Case 1:18-cv-02867-MSK-NYW Document 36-2 Filed 01/14/19 USDC Colorado Page 1 of 4
Chief Judge, or his/her designee, may sua sponte for good cause or on motion of a
party for extraordinary circumstances vacate the order of reference.
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 Consent/Non-
Consent Form. 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 under D.C.COLO.LCivR 40.1(a), and the magistrate judge shall continue on the
case as if consent had been declined initially.
If consent to magistrate judge jurisdiction is declined by any party, no order of
reference is entered or the order of reference is vacated, the civil action shall be
assigned to a district judge under D.C.COLO.LCivR 40.1(a), and the magistrate judge
shall continue on the case as if consent had been declined initially.
A case assigned directly to a magistrate judge in which there is consent may be
assigned randomly to another magistrate judge to conduct an early neutral evaluation or
other alternative dispute resolution proceeding under D.C.COLO.LCivR 16.6.
If after direct assignment, a magistrate judge recuses and the action is assigned
to another magistrate judge, each party shall complete a Consent/Non-Consent Form
no later than (a) 21 days after assignment to the successor magistrate judge; or (b) the
deadlines imposed in the third paragraph of this form, whichever is later.
Effective December 1, 2015
Case 1:18-cv-02867-MSK-NYW Document 36-2 Filed 01/14/19 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).
______________________________________________________________________
CONSENT/NON-CONSENT FORM
______________________________________________________________________
Under 28 U.S.C. § 636(c) and D.C.COLO.LCivR 40.1(c) – Assignment of
Cases/Direct Assignment to Magistrate Judges:
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.
Signatures Party Represented Date
_________________________ _________________________ ________________
Print name_____________________________________________________________
_________________________ _________________________ ________________
Print name_____________________________________________________________
_________________________ _________________________ ________________
Case 1:18-cv-02867-MSK-NYW Document 36-2 Filed 01/14/19 USDC Colorado Page 3 of 4
Signatures Party Represented Date
_________________________ _________________________ ________________
Print name_____________________________________________________________
NOTE: You must execute and file this Consent Form, 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.
Effective December 1, 2015
Case 1:18-cv-02867-MSK-NYW Document 36-2 Filed 01/14/19 USDC Colorado Page 4 of 4