(a) Random Assignment.
Unless ordered otherwise, the clerk assigns each civil action to a district or
magistrate judge by automated random selection. When the clerk assigns
an action to a magistrate judge, each party must file either (1) a consent to
the referral to the magistrate judge under 28 U.S.C. § 636(c) or (2) an
election for reassignment to a district judge. The parties may indicate on
Form 35 (the Rule 26(f) report) or other consent form provided by the court
whether they consent to trial before a magistrate judge. Failure to timely
return the election form will result in case reassignment to a district judge.
Consent to a magistrate judge's authority does not constitute a waiver of
any jurisdictional defense unrelated to the grant of authority under 28 U.S.C.
§ 636(c).
(b) Reassignment of Case to Magistrate Judge.
The clerk notifies the parties in a case assigned to a district judge that under
28 U.S.C. § 636(c) they may consent to have a magistrate judge (1) conduct
any proceedings in the case, including a jury or nonjury trial, and (2) enter
final judgment. This notice is provided as soon as practicable after the case
is filed and before the case is first scheduled for trial. If all parties consent
on the required form to proceed before the magistrate judge, the clerk
notifies the district judge of the consent. The district judge considers the
consent and reassigns the case to the magistrate judge if appropriate.
