Laura Melina Roberts v. Conduent State and Local Solutions, LLC, et al.

Summary

The United States District Court for the Eastern District of California vacated the scheduled hearing on Plaintiff’s motion to remand and the initial scheduling conference. Because an unserved defendant had not consented to magistrate judge jurisdiction and the motion to remand was dispositive, the court directed random assignment of a district judge and denied the parties’ stipulated request to continue the hearings as moot.

Holdings

1. Consent to magistrate judge jurisdiction may not be entered absent consent of all parties, including unserved defendants. Because Defendant Zughayer remained unserved, the motion to remand was improperly noticed before the magistrate judge.
2. The initial scheduling conference may be rendered moot when a pending dispositive motion to remand could dispose of all federal proceedings; accordingly, the conference was vacated pending disposition of the remand motion.

Questions Presented

1. Whether a magistrate judge may hear Plaintiff's motion to remand without the consent of all parties, including an unserved defendant.
2. Whether the initial scheduling conference should proceed when the pending motion to remand is dispositive and may dispose of the federal proceedings.
3. Whether the parties' stipulated request to continue the remand hearing and initial scheduling conference should be granted.

Disposition

other