IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
REFERRAL ORDER RG-72
CIVIL ACTIONS ASSIGNED TO JUDGE RODNEY GILSTRAP
_____________________________
Pursuant to 28 U.S.C. §636 and the Local Rules for the Assignment of Duties to United
States Magistrate Judges, it is ORDERED:
CASES REFERRED
1. 60% of all civil actions filed in the Marshall Division of the Eastern District of Texas and
assigned to United States District Judge Rodney Gilstrap are hereby referred to United
States Magistrate Judge Roy S. Payne for all pretrial proceedings.
PRETRIAL PROCEEDINGS
2. Judge Payne will handle all pretrial proceedings in cases referred under Paragraph 1. This
shall include:
a. Hear and determine all matters within the Magistrate Judge’s dispositive
jurisdiction;
b. Proceed in accordance with 28 U.S.C. §636(b)(1)(B) and (C) concerning matters
excepted from the Magistrate Judge’s dispositive jurisdiction under 28 U.S.C.
§636(b)(1)(A); and
c. After the Magistrate Judge has conducted the pretrial conference, in those cases in
which the parties have not consented to trial before the Magistrate Judge, the
Magistrate Judge shall issue a report to the District Judge indicating that the case
is ready for jury selection and trial. Upon receipt of the report, the referral under
Paragraph 1 shall be withdrawn, and the case shall be returned to the undersigned
for all further proceedings and entry of judgment.
CONSENT
3. Upon receipt of signed consent forms by all parties, the case shall be reassigned to Judge
Payne, who will conduct all proceedings, including jury and non-jury trials and the
resulting entry of judgment.
REFERRAL PROCEDURE
4. In the event of recusal or other disqualification of the Magistrate Judge in a case referred
and assigned under this Order, the case shall return automatically to the docket of the
undersigned, subject to further orders of the Court.
5. Case referrals pursuant to Paragraph 1, case reassignments under Paragraph 3, and
withdrawals of referrals under Paragraphs 2 and 4 shall be effected automatically under
this Order. Absent special circumstances, case-specific orders of reference, reassignment,
and withdrawals shall not be entered.
6. This order does not affect General Orders 05-4, 05-5, 05-6 and 05-7 or other established
procedures for referral to Magistrate Judges of special category cases (e.g., preliminary
motions to proceed in forma pauperis and for appointment of counsel in Title VII cases,
prisoner cases, matters on the miscellaneous docket, etc.)
2
.
7. Nothing herein shall preclude reference of additional matters to the Magistrate Judge or
the withdrawal of references in cases subject to this Order whenever appropriate.
8. This Order shall become effective upon January 1, 2014 and shall remain in effect until
further order of this Court.
SIGNED this 19th day of December, 2011.
So ORDERED and SIGNED this 11th day of December, 2013.
____________________________________
RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE
3
