E.R. v. County of Stanislus, 1:14-cv-00662-DAD-SKO. (2016)
Court: District Court, E.D. California
Number: infdco20160512693
Visitors: 22
Filed: May 11, 2016
Latest Update: May 11, 2016
Summary: ORDER DENYING STIPULATION DALE A. DROZD , District Judge . On April 18, 2016, the parties to this action filed a stipulation "to submit jurisdiction to Magistrate Judge Stanley A. Boone for the limited purposes of handling the minors' compromise. (Doc. No. 90.) However, the relief the parties seek by way of their stipulation is not permitted by 28 U.S.C. 636(b)(1) or the court's Local Rules. To the extent the parties seek to have Magistrate Judge Boone address a proposed minor's compromi
Summary: ORDER DENYING STIPULATION DALE A. DROZD , District Judge . On April 18, 2016, the parties to this action filed a stipulation "to submit jurisdiction to Magistrate Judge Stanley A. Boone for the limited purposes of handling the minors' compromise. (Doc. No. 90.) However, the relief the parties seek by way of their stipulation is not permitted by 28 U.S.C. 636(b)(1) or the court's Local Rules. To the extent the parties seek to have Magistrate Judge Boone address a proposed minor's compromis..
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ORDER DENYING STIPULATION
DALE A. DROZD, District Judge.
On April 18, 2016, the parties to this action filed a stipulation "to submit jurisdiction to Magistrate Judge Stanley A. Boone for the limited purposes of handling the minors' compromise. (Doc. No. 90.) However, the relief the parties seek by way of their stipulation is not permitted by 28 U.S.C. § 636(b)(1) or the court's Local Rules.
To the extent the parties seek to have Magistrate Judge Boone address a proposed minor's compromise in this action, they may proceed in one of two ways:
(1) The parties may file a motion for approval of a minor's compromise in addition to a stipulation requesting that the court refer the motion to Magistrate Judge Boone for the purposes of issuing findings and recommendations addressing it, see 28 U.S.C. § 636(b)(1); or
(2) The parties may consent to magistrate judge jurisdiction for all purposes in this action, see 28 U.S.C. § 636(c). If the parties elect this latter option, the case will be reassigned to Magistrate Judge Boone for all purposes.
However, the parties cannot consent to magistrate judge jurisdiction for only a limited purpose as suggested by their stipulation. Accordingly, for the reasons stated above, the parties' proposed stipulation is denied.
IT IS SO ORDERED.
Source: Leagle