Denise Kay Anderson v. Woodcreek Venture Ltd James May Linda Brown Curtis Brown

Anderson appeals from a magistrate judge’s order denying her motion for a new trial in her action against WoodCreek Venture, Ltd. and three of its employees (collectively, WoodCreek). Because the record casts into doubt whether Anderson voluntarily consented to the magistrate judge’s jurisdiction to enter judgment as required by 28 U.S.C. § 636 (c)(1), and because our appellate jurisdiction depends on the proper exercise of magistrate judge jurisdiction, id. § 636(c)(3), we remand to the district court to determine if Anderson voluntarily consented under subsection (c)(1).

I.

Anderson and her daughter rented a townhouse unit from WoodCreek under the Department of Housing and Urban Development (HUD)’s tenant-based Housing Choice Voucher Program. By the terms of a HUD addendum to the rental agreement, the Housing Authority of Jackson County, Oregon (Housing Authority), had to approve the composition of the family residing in the unit. The Housing Authority granted approval only for Anderson and her daughter.

In January of 1999, WoodCreek employees reported to the Housing Authority that Anderson had a guest — allegedly identified as Wills, the father of Anderson’s daughter-living…