IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:11mc001
IN RE: REFERRAL OF CERTAIN )
MATTERS TO MAGISTRATE ) STANDING ORDER
JUDGES. )
_______________________________ )
THIS MATTER is before the court on its own motion regarding the
referral of motions and other duties (“reference of duties”) in accordance with
28, United States Code, Section 636, to United States Magistrate Judges
serving in the Western District of North Carolina (“magistrate judges”), either
by commission or designation.
IT IS, THEREFORE, ORDERED as follows:
(1) Previous Order Stricken: the previous Order concerning reference of
duties, 3:07mc157, is STRICKEN and this Order is entered in
substitution thereof;
(2) Non-Exclusive Reference of Specific Motions and Proceedings to
Magistrate Judges:
(A) Motions and Proceedings in Civil Cases:
(1) Pretrial Proceedings: magistrate judges shall preside over
any Initial Pretrial Conference, set all deadlines and limitations on discovery
contemplated the Federal Rules of Civil Procedure, enter Case Management
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Orders and amendments thereto, and otherwise direct and supervise
discovery to the fullest extent, as provided in Local Civil Rule 16.1;
(2) Non-Dispositive Motions: magistrate judges shall dispose
of all non-dispositive pretrial motions pertaining to discovery and any other
matter, including but not limited to: L.Civ.R. 83.1(D) motions for admission of
counsel; motions for withdrawal of counsel; Rule 4 motions to enlarge time for
service; Rule 6 motions for extension of time and to reopen time; Rule 12
motions to strike less than a claim; motions to transfer to another district or
division; Rule 14 motions to sever or try separately; Rule 15 motions to amend
and supplement; motions to stay litigation (except motions to stay related to
arbitration); motions concerning the conduct, scope, or enlargement of time
for discovery; motions pursuant to Rules 18,19, and 20 concerning joinder of
claims and parties; Rule 21 motions concerning misjoinder; Rule 17 and 25
motions concerning substitution of real party in interest; Rule 45 motions to
quash; motions for discovery sanctions, fees, or costs; motions to reconsider
(if for reconsideration of a non-dispositive motion); motions to compel; motions
to seal; requests for international judicial assistance under 28 U.S.C. 1782(a);
motions to proceed in forma pauperis in all non-prisoner cases and in prisoner
cases where the prisoner is represented by counsel; non-dispositive motions
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in actions pursuant to the Hague Convention on Civil Aspects of International
Child Abduction and the International Child Abduction Remedies Act
(International Child Abduction Actions); non-dispositive motions in Section
2254 cases where the petitioner is represented by counsel (except death
penalty cases); all non-dispositive motions in Social Security cases; and enter
orders involving any post-judgment execution proceedings;
(3) Dispositive Motions: magistrate judges shall consider and
enter recommendations as to the disposition of: motions to dismiss (except
Rule 41(B)); motions for judgment on the pleadings; motions to strike claims
or defenses; motions to “dismiss and/or change venue”; Rule 19 motions to
dismiss based on failure to join a party; dispositive motions in International
Child Abduction Actions; dispositive motions in Section 2254 cases where the
petitioner is represented by counsel (except death penalty cases); and all
dispositive motions in Social Security cases, including summary judgment
motions;
(4) Motions Not Referred: magistrate judges shall not be
referred the following motions, which are specifically reserved for
consideration and disposition by the undersigned, except where otherwise
instructed: motions for regular admission of counsel; motions to remand;
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motions to compel arbitration (including motions to stay when combined with
a motion to compel arbitration); motions for injunctive relief; motions for entry
of default (which are to be disposed of by the Clerk); motions for entry of
default judgment; Rule 11 motions for sanctions; Rule 12(c) motions for
judgment on the pleadings; Rule 22 motions concerning interpleader or
statutory interpleader that seek injunctive or ex parte relief; Rule 23 motions
concerning certification of a class and/or appointment of class counsel; Rule
41(b) motions to dismiss for failure to prosecute, participate in discovery, or
obey a Court order; Rule 56 motions for summary judgment; motions for
summary judgment in contract ERISA cases (i.e. cases including claims under
both ERISA and pursuant to private contract); motions for extension of time
as to the briefing of summary judgment or for judgment on the pleadings;
motions in limine; motions to continue trial; Daubert motions; motions seeking
court approval of a minor settlement or a settlement under the FLSA; Rule 50
motions for judgment as a matter or law or alternative motions for a new trial;
Rule 54 motions for costs; Rule 59 motions for new trial or to alter or amend
a judgment; Rule 60 motions for relief from judgment or an order entered by
the undersigned; and motions to continue a case from a trial calendar once
the trial calendar has been published.
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(5) Duties Referred: magistrate judges shall enter Orders of
stay upon the filing of a Notice of Bankruptcy and enter Rule 4(m) notices.
(6) Cases Not Referred: magistrate judges shall not be referred
the following cases (or motions therein), which are specifically reserved for
consideration and disposition by the undersigned, except where otherwise
instructed: bankruptcy appeals; patent cases; trademark cases; Section 2255
proceedings; Section 2254 death penalty proceedings; pro se Section 2254
cases;
(7) Supervision of Juries: magistrate judges shall take the
verdict, when required, from juries and provide such jurors with appropriate
instructions;
(8) Stipulation to the Jurisdiction of the Magistrate Judge.
In cases where the parties have stipulated to the jurisdiction of the Magistrate
Judge to hear the entire case, then the Magistrate Judge shall be referred the
entire matter pursuant to 28 U.S.C. §636 and any appeal therefrom shall be
to the Circuit Court, and the undersigned shall have no further involvement
therein.
(B) Motions and Proceedings in Criminal Cases:
(1) Pretrial Proceedings: magistrate judges shall preside over
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all preliminary proceedings, determine all non-dispositive pretrial motions to
the fullest extent allowed by the United States Code and the Federal Rules of
Criminal Procedure, and otherwise direct and supervise discovery and all
pretrial proceedings to the fullest extent as provided in Local Criminal Rule
57.1 and as contemplated by the Constitution and laws of the United States;
(2) Acceptance of Pleas and the Conduct of Trials in
Misdemeanor Matters: magistrate judges shall accept guilty pleas and
conduct trials on misdemeanor offenses for which the maximum term of
imprisonment is one year or less, if the defendant has consented to proceed
before a magistrate judge and if such consent is necessary under 28 U.S.C.
§636 or 18 U.S.C. §3401;
(3) Non-Dispositive Motions: magistrate judges shall dispose
of all pretrial non-dispositive matters, including but not limited to: motions for
special or pro hac vice admission of counsel; motions for withdrawal of
counsel; motions seeking new counsel; motions pertaining to bond,
appointment of counsel, detention, and discovery; motions seeking the
appointment of experts and investigators; motions for preliminary hearings;
motions for psychiatric evaluations; motions seeking determination of
competency or hospitalization of an incompetent person (including periodic
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review of persons found not competent; motions for reciprocal discovery; Rule
17 motions for the issuance of subpoenas at government expense; motions
seeking approval of out-of-district travel; motions seeking temporary custody
orders; motions to reconsider; motions to revoke bond; pretrial motions to
forfeit bond or bail; Rule 44(c) motions concerning joint representation;
motions for preliminary orders of forfeiture; motions for issuance of writs of
garnishment; motions to strike writs of garnishment; and Rule 46(g) motions
for exoneration of sureties and release of bonds and bail;
(4) Dispositive Motions: magistrate judges shall consider and
enter recommendations as to the disposition of the following dispositive
motions, including but not limited to: pretrial motions to dismiss filed by a
defendant; and pretrial motions to suppress;
(5) Acceptance of Pleas in Felony Matters: magistrate judges
shall conduct proceedings in accordance with Rule 11 and either decline or
accept any plea tendered and, if the plea is accepted, determine under 18
U.S.C. § 3143 whether the defendant should be released or detained pending
sentencing, including determining whether exceptional circumstances exist
under Section 3145(c);
(6) Supervision of Juries: magistrate judges shall regularly
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defendant’s bond) shall continue to be referred.
(C) Referral of Specific Matters: The undersigned retains the option
to refer any motion or matter to a magistrate judge for purposes of conducting
a hearing and/or for entry or an appropriate order or recommendation on a
case-by-case basis. The referral of a specific motion or matter not
contemplated by this Order or in a manner not consistent with this Order will
be communicated to the Clerk of Court and the parties by a separate Order
of Reference, therein authorizing the Magistrate Judge to take appropriate
action.
Signed: January 19, 2011
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