Garcia v. Alvarez
Garcia v. Alvarez
Trial Court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ORLANDO GARCIA, Case No. 22-cv-01217-SK
8 Plaintiff, ORDER REGARDING CONSENT 9 v.
10 FRANCISCO ALVAREZ, et al., Regarding Docket No. 17 11 Defendants.
12 On March 1, 2022, Plaintiff Orlando Garcia filed a consent to Magistrate Judge 13 Jurisdiction in accordance with
28 U.S.C. § 636(c). (Dkt. No. 6.) On April 19, 2022, Defendants 14 Eva Irene Alvarez and Francisco Alvarez filed a consent to Magistrate Judge Jurisdiction in 15 accordance with
28 U.S.C. § 636(c). (Dkt. No. 13.) At that point, all parties consented and the 16 undersigned obtained jurisdiction over this matter pursuant to
28 U.S.C. § 636(c). On August 9, 17 2022, Defendants purported to file a declination of consent and requested that this matter be 18 reassigned to a District Judge. (Dkt. No. 17.) 19 If all parties to a civil action consent, all proceedings including trial and entry of judgment 20 may be conducted by a magistrate judge.
28 U.S.C. § 636(c)(1); Branch v. Umphenour,
936 F.3d 21994, 1000 (9th Cir. 2019). Under both the United States Code and the Federal Rules of Civil 22 Procedure, once a civil case is referred to a magistrate judge under
28 U.S.C. section 636(c) 23 (“Section 636(c)”), the reference can be withdrawn by the court only “for good cause on its own 24 motion, or under extraordinary circumstances shown by any party.”
28 U.S.C. § 636(c)(4); Fed. R. 25 Civ. P. 73(b)(3); Branch, 936 F.3d at 1002. 26 Now that both parties have already consented, if Defendants seek to withdraw their consent 27 and have this matter be reassigned to a District Judge, they must file a motion to withdraw their 1 District Judge for disposition when ripe, according to the procedures set forth by this District. 2 IT IS SO ORDERED. 3 Dated: August 10, 2022 f . □ 4 SALLIE KIM 5 United States Magistrate Judge 6 7 8 9 10 11 12
13
© 15 16
= 17
Z 18 19 20 21 22 23 24 25 26 27 28
Reference
- Status
- Unknown