Mogan

Mogan v. Sacks, Ricketts & Case LLP

Good Law
United States District Court, Northern District of CaliforniaFebruary 11, 20223:21-cv-08431California440 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MICHAEL MOGAN, Case No. 21-cv-08431-TSH

Plaintiff,

ORDER DISREGARDING

v. WITHDRAWAL OF MAGISTRATE

JUDGE CONSENT

SACKS, RICKETTS & CASE LLP, et al., Re: Dkt. No. 63 Defendants.

12 On November 13, 2021, Plaintiff Michael Mogan filed a consent to have a United States magistrate judge conduct all further proceedings in this case, including trial and entry of final judgment, pursuant to 28 U.S.C. § 636(c). ECF No. 8. However, he subsequently filed a request for reassignment on February 11, 2022. ECF No. 63. A party to a federal civil case has, subject to some exceptions, a constitutional right to proceed before an Article III judge. Dixon v. Ylst, 990 F.2d 478, 479 (9th Cir. 1993) (citation omitted). The right to an Article III court can be waived, allowing parties to consent to trial before a magistrate judge. Id. at 479-80; 28 U.S.C. § 636(c)(1). Once a civil case is referred to a magistrate judge under section…

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