FILED
2021 APRIL 21
CLERK
U.S. DISTRICT COURT
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
IN THE MATTER OF:
GENERAL CONSENT OF THE UNITED
STATES REGARDING MAGISTRATE GENERAL ORDER 21-005
JUDGE AUTHORITY TO DECIDE
SOCIAL SECURITY APPEALS
In June 2014, the court began assigning all cases seeking judicial review of
decisions of the Commissioner of the Social Security Administration to magistrate
judges under 28 U.S.C. § 636(c). The magistrate judges exercise jurisdiction in these
cases only if all parties consent to their jurisdiction. The implementation of this case-
assignment process has maximized the use of available judicial resources and resulted
in the expeditious resolution of these matters.
Recently, the United States Attorney Office for the District of Utah expressed its
willingness to provide its ongoing “general consent” to the jurisdiction of a magistrate
judge in all cases seeking judicial review of decisions of the Commissioner of the
Social Security Administration, thereby eliminating the need to obtain consent from
the United States in each case.
Accordingly, to avoid the unnecessary expenditure of time relating to the
preparation and filing of the consent paperwork, the court HEREBY ORDERS the
following:
1. The court will continue to assign all cases seeking review of a decision of the
Commissioner of Social Security Administration directly and randomly to a
magistrate judge to preside over the case.
2. At case opening, the Clerk’s Office will mail a “Notice of Assignment to a
1
United States Magistrate Judge and Request for Consent/Reassignment” form
to the plaintiff.
3. To consent to the jurisdiction of the magistrate judge, the plaintiff must return
the signed form within 21 days after the Clerk’s Office mails it. The plaintiff
must not file the signed form in the case docket but instead must send the
completed form in PDF format to the Clerk’s Office via email to
[email protected] or by mail to:
United States District Court
District of Utah
Orrin G. Hatch United States Courthouse
Attention: Consent Clerk
351 S. West Temple Street
Salt Lake City, Utah 84101
4. The Clerk’s Office will not mail a form to the United States because it has given
its “general consent” to the jurisdiction of the magistrate judge to preside over
these cases. See attached General Consent. The United States, however, has
reserved the right to withdraw that consent in any individual case and to
withdraw its general consent.
5. The United States must submit any withdrawal of consent no later than 21
days after the Clerk’s Office mails the form to the plaintiff, which date is
reflected on the case docket. If the United States withdraws its consent, it
must not file the withdrawal form in the case docket. Instead, it must send the
completed form in PDF format to the Clerk’s Office at the email or mail address
listed above.
6. The consent clerk will docket the plaintiff’s consent form only if the plaintiff
consents and the United States does not withdraw its consent.
7. If the United States timely withdraws its consent, or if the plaintiff fails to
consent or fails to return the form, the clerk will reassign the case to a district
judge and will enter an Order of Referral under 28 U.S.C. § 636(b)(1)(B) to the
2
magistrate judge to whom the case had initially been assigned. The parties’
forms will not be made part of the court record.
8. There will be no adverse consequences to a party who declines to consent.
SO ORDERED this 21st day of April, 2021.
BY THE COURT:
_____________________________________
ROBERT J. SHELBY
CHIEF UNITED STATES DISTRICT JUDGE
3
GENERAL CONSENT OF THE UNITED STATES ATTORNEY FOR THE DISTRICT OF UTAH
REGARDING THE JURISDICTION OF MAGISTRATE JUDGES TO PRESIDE OVER ALL CASES
SEEKING JUDICIAL REVIEW OF DECISIONS OF THE COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION
Andrea T. Martinez, Acting United States Attorney for the District of Utah, or
her designee, on behalf of the United States, hereby generally consents to the
jurisdiction of magistrate judges in this district under 28 U.S.C. § 636(c) to preside over
all cases seeking judicial review of decisions of the Commissioner of the Social
Security Administration. The United States, however, reserves the right to withdraw
its consent in any of these cases and to withdraw its general consent. The United
States acknowledges that it must submit a withdrawal of consent no later than 21 days
after the Clerk’s Office mails the Notice of Assignment to a United States Magistrate
Judge and Request for Consent/ Reassignment form to the plaintiff in these cases. In
the event the United States withdraws its general consent, it will provide notice to the
Clerk of Court at least 30 days before the withdrawal of its general consent becomes
effective.
DATED this 21st day of April, 2021.
ANDREA T. MARTINEZ, ACTING UNITED STATES
ATTORNEY FOR THE DISTRICT OF UTAH:
AMANDA A. BERNDT, Assistant United States
Attorney, as designee for the Acting United
States Attorney for the District of Utah
1
