UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
)
IN RE: ) LR-25-01
)
AMENDMENT OF LOCAL RULE 3.2 ) Chief District Judge
) Travis R. McDonough
)
ORDER
Pursuant to Rule 83, Federal Rules of Civil Procedure, and 28 U.S.C. § 2071, it is
ORDERED that Local Rule 3.2 is AMENDED to read as follows:
(a) Method. Each case, upon filing, shall be assigned to a district judge and magistrate
judge, who shall continue in the case or matter until its final disposition, except as
hereinafter provided. Magistrate judges will not be assigned bankruptcy appeals.
(b) Sequence. All initial papers in cases shall be first filed in the office of the Clerk
who shall stamp on the complaint, petition, or other initial paper of each case so filed, the
number of the case and the names of the district judge and magistrate judge to whom it is
assigned. The numbering and assignment of each case shall be completed before processing
of the next case is commenced.
(c) Procedure. The Clerk shall use automated or manual means to assign new cases
to district judges in accordance with the law, Judicial Conference policy, and standing
orders issued by the Court from time to time. The Clerk shall mark the name of the
assigned district judge on the first document of the case and preserve a record of such
assignments.
(d) Exceptions.
(1) Refilings. If a case is dismissed or remanded to state court and
later refiled, either in the same or similar form, upon refiling it shall be
assigned or transferred to the district judge and magistrate judge to
whom it was originally assigned.
(2) Criminal Proceedings.
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A. Petitions under 28 U.S.C. §§ 2255 and 2241 shall be assigned to the
district judge and magistrate judge assigned to the original criminal case
if that judge is still hearing cases.
B. Informations filed against a defendant with a pending indictment
shall be assigned to the district judge and magistrate judge assigned to
the pending case.
C. When a defendant in a transfer case pursuant to Federal Rule of
Criminal Procedure 20 has a pending case in this district, the Rule 20
case shall be assigned to the district judge and magistrate judge assigned
to the pending case.
D. When new charges are brought against a defendant on supervised
release, the supervised release case shall be reassigned to the district and
magistrate judges assigned to the new case.
E. Civil in rem actions initiated by the United States against a defendant with
criminal charges pending in this Court shall be assigned to the district judge and
magistrate judge assigned to the pending criminal case.
(3) Related civil cases. Civil cases related to cases already assigned to a district
judge shall be assigned or transferred as set out below.
A. Definition. Civil cases are deemed related when a filed case (1) relates
to property involved in an earlier numbered case, or (2) arises out of the
same transaction or occurrence and involves one or more of the same
parties as an earlier numbered case, or (3) involves the validity or
infringement of a patent already at issue in any earlier numbered case.
B. Determination. When it appears to the Clerk that a civil case submitted
for filing may be related to a previously filed case, the submitted case
shall be referred to the magistrate judge assigned to the previously filed
case to determine whether or not the cases are related. If the magistrate
judge determines the cases are related, the magistrate judge will enter
an order directing the Clerk to assign the submitted case to the district
judge and magistrate judge assigned to the previously filed case. If cases
are found to be related cases after assignment to different judges, they
may be reassigned by the Chief Judge to the judge having the related
case earliest filed.
(e) Effect. This rule is intended to provide for an orderly division of the business of
the Court and not to grant any right to any litigant.
(f) Duty of parties. In accordance with LR 3.1, counsel shall set forth on the Civil
Cover Sheet all pending related cases and any dismissed or remanded prior cases.
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(g) Unavailability of judge. If it appears that any matter requires immediate attention,
and the district judge to whom the case has been assigned, or in the usual course would be
assigned, is not available, the matter shall be referred to the magistrate judge assigned to
the case, who shall decide the matter if it is within the magistrate judge's jurisdiction. If the
matter can only be decided by a district judge, the magistrate judge shall determine whether
the matter can be set for a hearing at a time when the assigned district judge is available. If
the matter is determined by a magistrate judge to require an immediate hearing before a
judge, the case will be referred to the Chief Judge, or in the Chief Judge’s absence, the next
available district judge by seniority for decision or reassignment to an available judicial
officer. After disposition of this emergency matter, the case will be returned to the
originally assigned district judge.
SO ORDERED.
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TRAVIS R. MCDONOUGH
CHIEF UNITED STATES DISTRICT JUDGE
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