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CV-20 (12/03) NOTICE TO COUNSELUNITED STATE DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA NOTICE TO COUNSEL The court has directed that the following rules be specifically called t\ o your attention : I. Continuing Obligation to Report Related Cases (Local Rule 83-1.3.3) II. Service of Papers and Process (Local Rule 4) III. Notice of Right to Consent to disposition of a Civil Case by a United St\ ates Magistrate Judge [28 U.S.C. §636 (c) and General Order 01-13]. I. CONTINUING OBLIGATION TO REPORT RELATED CASES Parties are under the continuing obligation to promptly advise the Court\ whenever one or more civil actions or proceedings previously commenced and one or more curren\ tly filed appear to be related. Local Rule 83-1.3.3 states: "It shall be the continuing duty of the atto\ rney in any case promptly to bring to the attention of the Court, by the filing of a Notice of Relate\ d Case(s) pursuant to Local Rule 83-1.3, all facts which in the opinion of the attorney or party appear r\ elevant to a determination whether such action and one or more pending actions should, under the criteria a\ nd procedures set forth in Local Rule 83-1.3, be heard by the same judge." Local Rule 83-1.2.1. states: "It is not permissible to dismiss and there\ after refile an action for the purpose of obtaining a different judge." Local Rule 83-1.2.2 provides: Whenever an action is dismissed before jud\ gment and thereafter the same or essentially the same action is refiled, the latter action sh\ all be assigned to the judge to whom the first action was assigned. It shall be the continuing duty of every\ attorney or party appearing in such a refiled action promptly to bring the prior action to the attention of \ the Clerk in the Civil Cover Sheet and by filing a Notice of Related Case(s) pursuant to Local Rule 83-1.\ 3. II. SERVICE OF PAPERS AND PROCESS Local Rule 4-2 states: "Except as otherwise provided by order of Court, \ or when required by the treaties or statutes of the United States, process shall not be present\ ed to a United States Marshal for Service." Service of process must be accomplished in accordance with R\ ule 4 of the Federal Rules of Civil Procedure or in any manner provided by State Law, when applicable.\ Service upon the United States, an officer or agency thereof, shall be served pursuant to the pr\ ovisions of FRCP 4 (i). Service should be promptly made; unreasonable delay may result in dismissal of t\ he action under Local Rule 41 and Rule 4(m) of the Federal Rules of Civil Procedure. Proof of servi\ ce or a waiver of service of summons and complaint must be filed with the court. CV-20 (12/03)NOTICE TO COUNSELIII.NOTICE OF RIGHT TO CONSENT TO DISPOSITION OF A CIVIL CASE BY A UNITED STATES MAGISTRATE JUDGE Pursuant to Local Rule 73-2, this notice must be served with the Summons or Waiver of Service of Summons and Complaint on all defendants. In accordance with the provisions of 28 U.S.C. §636(c), you are hereby notified that the full-time United States Magistrate Judges of this District Court, in addition to their other duties, may, upon the consent of all parties to their civil case, conduct any and all proceedings in a civil case, including a jury or non-jury trial, and order the entry of a final judgment. Copies of appropriate consent forms for this purpose (Form number CV-11) are available from the Clerk of Court. Since Magistrate Judges do not handle felony criminal trials, civil trial dates are not at risk of being preempted by a criminal trial, which normally has priority. Further, in some cases the Magistrate Judge may be able to assign an earlier trial date than a District Judge. There may be other advantages and disadvantages which you will want to consider. Your decision to consent or not to consent to the disposition of your case by a United States Magistrate Judge is entirely voluntary and should be communicated solely to the clerk by submitting a joint form of consent or separate forms of consent, form CV-11. Please note that the United States District Court must approve the consent if it is not submitted at least thirty (30) days prior to the date of the Final Pretrial Conference. ALL parties must consent before the case may proceed before a United States Magistrate Judge. With the exception noted below, the parties may consent to proceed before any Magistrate Judge whose name appears on a list maintained by the Clerk of those Magistrate Judges currently available for consent cases. A space is provided on the consent form for use by parties if they desire to consent to a Magistrate Judge from the list. NOTE: In cases which already have been assigned to a Magistrate Judges pursuant to 28 U.S.C. §636(b)(1)(B) and these Local Rules, the parties may consent to proceed only before the assigned Magistrate Judge. Any appeal from a judgment of the Magistrate Judge shall be taken to the United States Court of Appeals in the same manner as an appeal from any other judgment of the district court in accordance with 28 U.S.C. §636(c)(3). CLERK, UNITED STATE DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA