United States v. County of San Francisco

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division UNITED STATES OF AMERICA, Case No. 21-cv-09623-LB

Plaintiff,

ORDER RE JURISDICTIONAL ISSUE

v.

PETER DRACOOULOUS, et al., Defendants. 16 The appearing parties have filed a stipulation to priority that probably is substantive. The appearing parties have all consented to magistrate-judge jurisdiction under 28 U.S.C. § 636.1 The County of San Francisco has not appeared, and the Clerk of Court has entered its default.2 28 U.S.C. § 636(c) allows a case to be assigned to a magistrate judge “[u]pon the consent of the parties,” and this has been interpreted to require the consent of all of the named parties, including ones that have not been served. Williams v. King, 875 F.3d 500, 503–04 (9th Cir. 2017). Usually, when a party does not consent to magistrate-judge jurisdiction, the court orders the case to be reassigned to a district judge unless it can sever the non-appearing party under Federal Rule of…