(a) To Executive Committee. The following cases or categories of cases shall be assigned to the
calendar of the Executive Committee on filing:
(1) disciplinary cases brought pursuant to LR 83.25 through LR 83.31; and
(2) Such other cases as the chief judge may direct.
(b) To Specific Judge. In each of the following instances, the assignment clerk shall assign the
case to a judge in the manner specified:
(1) Cases filed by Persons in Custody. Any petition for writ of habeas corpus ("habeas
corpus petition") or any complaint brought under the Civil Rights Act or 28 U.S.C.§1331
challenging the terms or the conditions of confinement ("civil rights complaint") filed by or
on behalf of a person in custody shall be assigned in the same manner as other civil cases
except that—
(A) a subsequent habeas corpus petition shall be assigned to the judge to whom
the most recently filed petition was assigned;
(B) a subsequent civil rights complaint shall be assigned to the judge to whom the
most recently filed complaint was assigned;
(C) a habeas corpus petition to be assigned by lot shall be assigned to a judge
other than the judge or judges to whom civil rights complaints filed by or on
behalf of the petitioner have been assigned; and
(D) a civil rights complaint to be assigned by lot shall be assigned to a judge other
than the judge or judges to whom habeas corpus petitions filed by or on behalf of
the plaintiff have been assigned.
(2) Re-filing of Cases Previously Dismissed. When a case is dismissed with prejudice or
without, and a second case is filed involving the same parties and relating to the same
subject matter, the second case shall be assigned to the judge to whom the first case was
assigned. The designation sheet presented at the time the second case is filed shall
indicate the number of the earlier case and the name of the judge to whom it was assigned.
(3) Removal of Cases Previously Remanded. When a case previously remanded is again
removed, it shall be assigned to the judge who previously ordered it to be remanded.
(4) Petitions to Enforce Summonses Issued by the Internal Revenue Service. Where two or
more petitions to enforce summonses issued by the Internal Revenue Service ("I.R.S") are
presented for filing and the summonses involve the same taxpayer, the first petition shall be
assigned by lot in accordance with the rules of this Court and any other petition shall be assigned
directly to the judge to whom the first was assigned. The person presenting such petitions for
filing shall notify the assignment clerk that they involve the same taxpayer. This section of
shall not be construed as authorizing the direct assignment of petitions to enforce administrative
process other than summonses issued by the I.R.S.
(5) Cases filed to enforce, modify, or vacate judgment. Proceedings to enforce, modify, or
vacate a judgment should be brought within the case in which the judgment was entered. If
a separate case is filed for the purpose of enforcing, modifying, or vacating a judgment entered
in a case previously filed in this District, the case shall be assigned directly to the judge to whom
the earlier case was assigned.
(6) Tag-along cases in multidistrict proceedings. Where a civil case is filed as a potential
tag-along action to a multidistrict litigation ("MDL") proceeding pending in the district, it
shall be assigned directly to the judge handling the MDL proceeding. The judge handling
the MDL proceeding may, at that judge’s discretion, transfer to the Executive Committee
for reassignment by lot any case assigned pursuant to this Rule that either—
(A) the MDL Panel determines should not be included in the MDL proceeding, or
(B) the judge assigned to the MDL proceeding determines pursuant to Rule 13 of
the Rules of Procedure of the Judicial Panel on Multidistrict Litigation is not a
tag-along case, or
(C) requires trial following the completion of the consolidated discovery.
(c) Direct Assignment in Social Security Cases. In a proceeding for judicial review of a final
decision by the Commissioner of Social Security pursuant to 42 U.S.C. § 405(g), when a district
judge or magistrate judge remands the case for further administrative proceedings, any subsequent
proceedings in the district court involving that matter shall be assigned to the district and
magistrate judge to which the preceding action for judicial review was originally assigned.
Comment. The inclusion of section (c) will ensure that the judicial officer who originally decided
to remand the case be assigned to review any subsequent appeals after remand to the Social
Security Administration.
