GENERAL ORDER NO. 44
ASSIGNMENT PLAN
A. PURPOSE
This plan is adopted pursuant to 28 U.S.C. § 137 and Civil Local Rule 3-3(a). The purpose of
the plan is to:
1. Provide an equitable system for a proportionate division of the caseload among the
district and magistrate judges of the court;
2. Ensure that cases are randomly and blindly assigned, except as otherwise provided
herein to promote efficient case management;
3. Provide for necessary adjustments to caseload assignments; and
4. Provide a basis for monitoring the operation of the case assignment system.
B. ADMINISTRATION
The Executive Committee shall have the power to make and review all orders of
assignment and reassignment consistent with this plan. As provided in Civil L.R. 77-2(e), the
Clerk, when directed by the committee or as specifically provided for in this plan, may sign
orders on behalf of the Executive Committee.
C. CASE NUMBERS
Each case commenced in or transferred to the court pursuant to Civil L.R. 3-2 shall be
assigned a case number by the Clerk upon filing. A separate sequence of case numbers shall be
maintained for criminal and civil cases. Case numbers shall conform to the format approved by the
Administrative Office of the United States Courts.
D. ASSIGNMENT OF CASES
1. Unless otherwise required by the Executive Committee, cases shall be assigned by the
Clerk to the judges holding chambers in the courthouse or courthouses serving the
county in which the action arises.
2. Cases shall be assigned blindly and at random by the Clerk by means of an automated
system approved by the judges of the court. Such system will be designed to
accomplish the following:
a. Proportionate, random and blind assignment of cases;
b. Except as set forth in paragraphs (D)(4) through (D)(7), an approximately equal
distribution among the active judges of the court of newly filed civil and
criminal cases within each of the case categories established by the court
c. A high level of security so as to reasonably avoid prediction of the results of any
case assignment;
d. A system of credits and debits to adjust for reassignments of cases among and
between judges;
e. A record of all assignments and reassignments made.
3. Notwithstanding any other provision of the Assignment Plan, the Clerk shall maintain
a district-wide system of assignment for prisoner petitions (including death penalty
habeas corpus), bankruptcy, intellectual property rights, Social Security, federal tax
suits, antitrust and securities class actions. Venue for cases in these categories shall be
proper in any courthouse in this District. These cases shall not be reassigned on the
basis of intra-district venue.
4. Notwithstanding any other provision of the Assignment Plan, the Clerk shall assign
cases transferred to this District pursuant to Federal Rule of Criminal Procedure 20 in
the following manner. Assignment of Rule 20 cases shall be made prior to execution of
a consent to transfer in the manner set forth in Criminal L.R. 20-1. Any subsequent Rule
20 proceeding involving the same defendant and arising out of the same or
superseding charges shall be deemed to be a related case and shall be assigned to the
originally assigned judge.
5. Notwithstanding any other provision of the Assignment Plan, the Clerk shall assign
any non-capital habeas petition filed by a prisoner to the same judge who was assigned
any previous petitions filed by or on behalf of that prisoner.
6. Notwithstanding any other provision of the Assignment Plan, the Clerk shall assign
any non-habeas civil complaint filed by a prisoner within five (5) years after the filing
of the first civil complaint by that party to the same judge to whom the first such
complaint was assigned. After five (5) years, the next new civil complaint filed by that
prisoner shall be assigned to a different judge, in accordance with paragraph (D)(2)
above, who shall then be assigned that prisoner’s civil filings for the next five (5) years.
Thereafter, a different judge shall be assigned for each subsequent five-year period.
7. Notwithstanding any other provision of the assignment plan, for a period of three years
after the initial filing of a matter arising from a case in the United States Bankruptcy
Court, the Clerk shall assign any bankruptcy matter arising out of that same bankruptcy
case to the same judge who was assigned the initial matter. Unless the assigned judge
indicates otherwise, after the three-year period, the next bankruptcy matter arising out
of that bankruptcy case will be randomly assigned under the assignment plan, and any
further matters arising out of that case will be assigned to the newly-assigned judge for
a period of three years.
E. ASSIGNMENT OF CASES TO MAGISTRATE JUDGES
1. The full-time magistrate judges of this District shall be included in the civil case
assignment system in the same manner as active district judges, except for capital
habeas corpus petitions, securities class actions, and bankruptcy appeals or bankruptcy
withdrawal of reference cases. With respect to such assignments, the following shall
apply:
a. In cases assigned at filing to a magistrate judge, the magistrate judge shall conduct
all proceedings including a jury or bench trial and shall order the entry of a final
judgment upon the written consent of all parties in the case in accordance with 28
U.S.C. § 636(c) and Fed. R. Civ. P. 73.
b. In all cases assigned at filing to a magistrate judge the Clerk shall provide all parties
with a copy of the forms adopted by the court for “Notice of Assignment of Case To
A United States Magistrate Judge for Trial.” The form shall indicate that upon
written consent of the parties the magistrate judges of this District have been
designated to conduct any and all proceedings in a civil case, including a jury or
nonjury trial and order the entry of a final judgment. Prior to the magistrate judge
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taking any dispositive action in the case, the Clerk shall obtain from the parties
written consent to the jurisdiction of the magistrate judge in accordance with 28
U.S.C. §636(c) and Fed. R. Civ. P. 73.
c. If a party declines to consent to a United States magistrate judge, the Clerk shall
reassign the case to a district judge on a random basis or in accordance with
paragraphs (D)(5) and (D)(6), if applicable.
2. Upon filing, the following will be assigned to a magistrate judge for all pretrial
proceedings. When the case is ready for trial, upon consent of the parties, it will be
retained by the magistrate judge for trial. If all parties do not so consent, the Clerk will
randomly assign the case to a district judge in the division where the case is pending.
a. All actions filed by the United States to recover on a claim for a debt;
b. Pre-judgment or post-judgment applications by the United States under the Federal
Debt Collection Procedures Act.
3. Upon filing, unless exempted by Local Rule, order of a judge of this court, or other
provision of this general order, all civil miscellaneous matters will be randomly
assigned in the first instance to a magistrate judge who will either resolve the matter or,
if necessary, prepare a report and recommendation and request assignment of the
matter to the district judge who was the general duty judge on the date the
miscellaneous matter was filed. Any objections to the magistrate judge’s order or report
and recommendation will be resolved by that district judge. See Fed. R. Civ. P. 72.
Matters from the Eureka division shall be reassigned, as necessary, to the general duty
judge.
4. For cases reassigned to a magistrate judge subsequent to initial case assignment (e.g. at
a case management conference), the parties may consent to the assignment of a
magistrate judge sitting in any division.
ADOPTED: JULY 22, 1997 FOR THE COURT:
AMENDED: JULY 18, 2000
AMENDED: MARCH 1, 2002
AMENDED: JANUARY 30, 2003
AMENDED: AUGUST 26, 2003
AMENDED: APRIL 28, 2008
AMENDED: JANUARY 4, 2010
AMENDED: MAY 29, 2012
AMENDED: MARCH 19, 2013
AMENDED: DECEMBER 17, 2013
AMENDED: JUNE 24, 2015
AMENDED: APRIL 19, 2016
AMENDED: JUNE 20, 2017
AMENDED: JANUARY 1, 2018
AMENDED: NOVEMBER 18, 2025
RICHARD SEEBORG
CHIEF JUDGE
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