July, 6, 2021
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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IN RE: PILOT PROGRAM INCREASING
6 CIVIL CASE ASSIGNMENTS TO
GENERAL ORDER 2021-03
7 MAGISTRATE JUDGES
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9 This General Order is adopted under 28 U.S.C. § 636(c) and United States
10 District Court for the District of Nevada Local Rule IB 2-2. The District Judges hereby
11 designate the Magistrate Judges of this District to exercise jurisdiction over civil matters,
12 and specially designate them to enter final judgments in civil cases, provided all parties
13 to the case consent to proceed before the Magistrate Judge as established in this Order.
14 Beginning July 7, 2021, a percentage of all newly filed civil cases will be assigned
15 blindly, randomly, and proportionally to Magistrate Judges in the District of Nevada,
16 through the Clerk of Court’s random civil case assignment system, except for bankruptcy
17 appeals, bankruptcy withdrawals, prisoner habeas petitions, prisoner civil rights cases,
18 and cases in which a motion for preliminary injunction or temporary restraining order is
19 filed simultaneously with the complaint. Those will be assigned only to District Judges.
20 Cases filed in the unofficial Southern Division of the Court will be assigned only to
21 Magistrate Judges sitting in that division, and the same will apply to the unofficial
22 Northern Division. The Chief Judge will determine the percentage of cases to assign the
23 Magistrate Judges.
24 General Order 2019-08 will continue to apply to the assignment of Social Security
25 Appeals.
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1 Upon the assignment of a civil case to a Magistrate Judge, the Clerk of Court will
2 send a copy of the “Notice of Assignment of Case to Magistrate Judge” to all parties to
3 the case through the CM/ECF system in a form substantially similar to the one attached
4 hereto (the “Form”). If a party does not file the completed Form within 21 days of receipt
5 or before any dispositive motion is fully briefed, whichever is earlier, the Court will
6 consider the party to have declined consent.
7 In a matter in which there is more than one defendant but not all defendants have
8 appeared at the time a dispositive motion is fully briefed, the case will be assigned a
9 District Judge under the random civil case assignment system.
10 If any party declines consent, the case will be returned to the random civil case
11 assignment system for selection of a District Judge. The previously assigned Magistrate
12 Judge will remain assigned to the case. The identity of a declining party will not be
13 disclosed to any judge in the District.
14 When all parties consent to proceed before a Magistrate Judge:
15 1. the Chief Judge will enter an order expressly referring the case by consent
16 to the Magistrate Judge;
17 2. the Magistrate Judge will handle all dispositive, non-dispositive, and
18 pretrial matters, including discovery;
19 3. any Early Neutral Evaluation or Settlement Conference will be assigned to
20 a different Magistrate Judge on a random basis;
21 4. any appeal of an order or final judgment will be taken to the United States
22 Court of Appeals for the Ninth Circuit.
23 Cases directly assigned a District Judge will also be assigned to a Magistrate
24 Judge who will handle all matters as was done prior to this Order.
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1 A Magistrate Judge may decline to hear any case upon determination that there
2 is a conflict of interest.
3 DATED THIS 2nd Day of July 2021.
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6 MIRANDA M. DU, CHIEF JUDGE
7 UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF NEVADA
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
NOTICE OF ASSIGNMENT OF CASE
TO A UNITED STATES MAGISTRATE JUDGE
Under General Order 2021-03 of the United States District Court for the District of
Nevada, this case is randomly assigned to a Magistrate Judge as the presiding judge, pending
your consent.
Under 28 U.S.C. § 636(c), with written consent of all parties, a Magistrate Judge may
conduct all proceedings in a case, including all pretrial and trial proceedings, entry of judgment,
and post-trial motions. Any appeals will be made directly to the United States Court of Appeals
for the Ninth Circuit.
Attached is the Consent form on which you will indicate whether you consent to proceed
before a Magistrate Judge as the presiding judge. This form is also available from the Court’s
website at https://www.nvd.uscourts.gov/court-information/forms/. You are free to decline
consent. There will be no adverse consequences. If a party declines, the case will be reassigned
to a District Judge as the presiding judge. The Magistrate Judge will remain assigned to the case
for the duties typically referred to Magistrate Judges.
Please submit your consent or declination form within 21 days of filing your complaint
or appearing as a defendant. The form may be filed in CM/ECF by selecting “Notice to Clerk –
Consent or Declination” from the “Representation and Appearances” options located under the
“Civil” menu. It may also be hand delivered or mailed to the Clerk’s office, Attention: Amber
Freeman, Operations Manager. The form should not be sent to the judge and copies should not
be sent to other counsel. The form will not be shown to the Judge, nor will the Judge be
informed of the identity of any party who consents or declines. If you do not submit the consent
form within 21 days, you will be deemed to have declined and the case will be reassigned to a
District Judge as the presiding judge.
