(a) Authorized Duties. The Magistrate Judges in this District are
designated to exercise the jurisdiction and authority provided by 28 U.S.C. §
636(c) upon the expressed consent of all parties and may conduct any or all
proceedings, including a jury or non-jury trial, in a civil case.
(b) Transfer of Civil Cases to Magistrate Judges. In any case assigned to
a District Judge pursuant to Civil Local Rule 3(b), if the parties consent to the
Magistrate Judge’s jurisdiction pursuant to 28 U.S.C. § 636(c) and follow the
procedure set forth in General Local Rule 73(c)(4), the District Judge may refer
the case to the Magistrate Judge by written order.
(c) Direct Assignment of Civil Cases to Magistrate Judges. The Clerk
shall randomly assign to the full-time Magistrate Judges a percentage of the
Court’s total civil docket in an effort to enhance the opportunity for litigants to
more fully utilize the services of the Magistrate Judges. The specific percentage
of cases referred shall be set by the District Judges and may be changed from
time to time in their discretion. The following procedure applies:
(1) The Clerk shall establish a method of randomly selecting civil cases for
reference to the Magistrate Judges of this District. Once identified, the cases
shall be referred to all Magistrate Judges on an equal rotation basis, with the
total number referred not exceeding the percentage established by the District
Judges.
(2) When an action is referred to a Magistrate Judge pursuant to this Rule,
the Clerk shall notify all parties who have appeared by sending a Notice of
Assignment of Case to a Magistrate Judge for Trial. In accordance with Fed.
R. Civ. P. 4 and 5, it shall be the responsibility of Plaintiffs to immediately
serve a copy of this Notice on those parties named as Defendants but who
have not appeared.
(3) Prior to formal reference under sub-paragraph (4) of this Rule, any party
to a referred action may obtain reassignment to a District Judge by sending
the Clerk a Request for Reassignment to a United States District Judge for
Trial and Disposition. The Clerk shall keep such requests confidential, and
the identity of any party seeking reassignment shall not be revealed to either
the District Judge or the Magistrate Judge. All parties are free to obtain
reassignment in accordance with this sub-paragraph without the imposition
of any adverse consequences.
(4) Should all parties in a referred action agree to authorize a Magistrate
Judge to exercise consent jurisdiction, they shall execute and file a joint form
of consent that complies with the requirements of the Consent to Exercise of
Jurisdiction by a United States Magistrate Judge (Appendix of Forms). Upon
the filing of this form, the action shall be referred to the appropriate District
Judge for the entry of a formal reference, signifying his or her final approval
of the reference.
(5) If the parties do not execute and file a joint consent form prior to the
deadline established by the Magistrate Judge, the Clerk will reassign the
action to a District Judge.
(6) In his or her discretion, the Magistrate Judge to whom any action is
referred may order reassignment sua sponte. If, during the pendency of an
action referred to a Magistrate Judge pursuant to this Rule, it is discovered
that all parties have not executed a consent form and, further, that all parties
have not agreed to consent jurisdiction, the action shall be reassigned.
(d) Appeals. In actions referred to the Magistrate Judges, they shall conduct
all further proceedings, including a jury or non-jury trial, and shall order the
entry of a final judgment in accordance with 28 U.S.C. § 636(c). Any appeal of a
judgment entered by a Magistrate Judge in consent actions shall be taken
directly to the Eleventh Circuit Court of Appeals as required by 28 U.S.C. §
636(c)(3).
VI. DISTRICT COURT AND CLERK
