Bulletin: Direct Assignment Program

Under the Direct Assignment Program in the EDNY, a percentage of civil cases are randomly assigned initially to a Magistrate Judge. If all parties consent, the Magistrate Judge will become the presiding judge in the case, with the authority to handle all matters in the case, including dispositive motions and trial. If all parties do not consent to the jurisdiction of the Magistrate Judge, the case will be assigned a District Judge after a period of time. (The deadline to indicate your consent will usually be 7 days after entry of the Rule 16 scheduling order, which follows the initial case management conference held by the Magistrate Judge.) The assigned Magistrate Judge may remain on the case and handle non-dispositive pre-trial matters. Any Rule 16 scheduling order initially set by the Magistrate Judge may remain in place, and should the Magistrate Judge remain assigned, that Magistrate Judge is empowered to act with respect to all non-dispositive pretrial matters unless the assigned District Judge orders otherwise.

If your case is assigned only a Magistrate Judge as part of the direct assignment program, you should discuss with your clients and opposing counsel whether all parties want to consent to have a Magistrate Judge preside over the case. There are many advantages to consenting to the jurisdiction of a Magistrate Judge, but such consent is completely voluntary and all parties must consent in order for it to be effective.

Generally, if you do nothing within 7 days of the entry of the Rule 16 scheduling order, a District Judge will be assigned shortly thereafter. The case may be automatically referred to the already-assigned Magistrate Judge for pre-trial case management under the EDNY Rules for Division of Business, if the assigned District Judge refers cases for pre-trial case management.

In cases exempt from Rule 16 scheduling orders pursuant to Local Rule 16.1 (motions to vacate sentences, forfeitures, and reviews from administrative agencies), the deadline is thirty (30) days following the appearance of all defendants.

In Social Security disability cases, the deadline is 30 days following the notification to the Commissioner, as provided in Social Security Supplemental Rule 3.

In habeas corpus petitions under 28 U.S.C. § 2254, the deadline is 30 days following the deadline to file an answer to the petition.

No.

Generally, a District Judge will be assigned before the Rule 16 scheduling order is entered only if you inform the Court of your intent to file a motion for judgment on the pleadings, for summary judgment, to dismiss for failure to state a claim or any relief under Rule 12(b), to involuntary dismiss the case, or for injunctive relief, and all parties have not yet consented to the jurisdiction of the Magistrate Judge. In order to have a District Judge assigned in this circumstance, you must file by the date specified by any Federal or Local Rule governing the timing of such a motion, a letter no longer than one page expressing your intent to file such a motion.

Once all parties consent to Magistrate Judge jurisdiction, the assigned Magistrate Judge will remain as the presiding judge, including for the purposes of deciding all dispositive motions, holding trial, and entering judgment. A District Judge will not be assigned to the case. Any appeal from final judgment will go to the Second Circuit Court of Appeals.

Yes, if all parties consent, the parties may consent at any time to Magistrate Judge jurisdiction for final decision on any motion, or for all purposes, including entry of final judgment.