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TCL > June 1999 Issue > Court Business

June 1999       Vol. 28, No. 6       Page  109
From the Courts
Court Business

Court Business

 In the United States District Court
For the District of Colorado

In the Matter of Reference Of Dispositive Motions to Magistrate Judges

General Order No. 1999-1

 

A majority of the active judges having determined that a workload imbalance is affecting litigants adversely within the meaning of D.C.COLO.LR 40.1A, and the court having promulgated D.C.COLO.LR 72.6 designating all full-time magistrate judges to conduct any or all proceedings in civil actions, implementing 28 U.S.C. § 636(c) consent jurisdiction, and the judges of the court having determined that parties in all civil actions which have been delayed by dispositive motions pending for more than six months should be given the opportunity to have those motions determined by a magistrate judge, it is now

ORDERED that the Clerk of this court shall, with the approval of the assigned district judge, send a notice of the right to consent to determination of dispositive motions in the form attached as Exhibit A in all cases in which dispositive motions have been pending for more than six months. Dispositive motions include motions to dismiss, motions for transfer or for change of venue, motions to remand, motions for summary judgment and motions for partial summary judgment.

Dated: April 13, 1999, at Denver, Colorado.

By the Court:

 

Richard P. Matsch

Chief Judge

 

Notice of Right to Consent to Final Determination
Of Dispositive Motions by a United States
Magistrate Judge Pursuant to 28 U.S.C. § 636(c)

 

Pursuant to General Order No. 1999-1, (copy attached), entered April 13, 1999, the judges of this court have considered that the parties in civil cases in which dispositive motions have been pending for more than 6 months should have the opportunity to consent to a final determination of the pending motion(s) by a full-time magistrate judge pursuant to 28 U.S.C.
§ 636(c). This case has one or more dispositive motion(s) pending.

Enclosed is a form to be completed by counsel for all parties appearing in this case indicating whether you wish to take advantage of this opportunity. If all appearing parties give consent, the pending motion(s) will be referred to a magistrate judge other than the magistrate judge currently assigned to conduct case management and settlement conferences, selected by random draw to decide all pending motions. In the event the magistrate judge grants a dispositive motion and enters judgment, an aggrieved party may appeal directly to the United States Court of Appeals for the Tenth Circuit pursuant to 28 U.S.C. § 636(c), in the same manner as an appeal from any other judgment of the district court. In the event the magistrate judge denies the motion, or grants the motion in part and denies it in part, such that a trial is required, the trial will be conducted by the United States Judge to whom the case is assigned.

The parties are advised that they are free to withhold consent without adverse substantive consequences. If any party does not consent or fails to return the consent form, the pending dispositive motion(s), as well as any subsequently filed dispositive motions, will be resolved by the United States District Judge assigned to the case.

 

EXHIBIT A

 

Colorado Supreme Court Rules Committee

Colorado Rules of Probate Procedure

Rule 30.1. Conservatorships—Administration and Closing

 

The third paragraph of Rule 30.1, Conservatorships—Administration and Closing, presently begins with the word "If." This was a typographical error because this portion of the Rule previously utilized the word "Unless" instead of "If." Because there was no intent to change the Rule in this regard, the word "If" is, hereby, deleted and the word "Unless" is substituted.

Corrected on May 3, 1999, effectively immediately.

By the Court:

 

Gregory J. Hobbs

Justice, Colorado Supreme Court

 

 

© 1999 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved. Material from The Colorado Lawyer provided via this World Wide Web server is protected by the copyright laws of the United States and may not be reproduced in any way or medium without permission. This material also is subject to the disclaimers at http://www.cobar.org/tcl/disclaimer.cfm?year=1999.


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