Weber v. GIMH Holdings, LLC

Background

The order was issued to conserve resources, promote efficiency, and seek a faster disposition of the case. The opinion does not describe the underlying claims in detail, although it reminds the parties that court approval is generally required for settlements of claims under the Fair Labor Standards Act.

Consent to Magistrate Judge

The court ordered the parties to discuss whether they would consent under 28 U.S.C. § 636(c) to having Magistrate Judge Moses conduct all further proceedings. If both parties consented, they had to submit a fully signed consent and reference form within two weeks of the order. The referral would take effect only if the court approved the form.

With the parties’ consent, Magistrate Judge Moses could conduct all further proceedings, including trial and entry of final judgment. An appeal would go directly to the United States Court of Appeals for the Second Circuit. If any party did not consent, the parties had to file a joint letter within two weeks stating that they did not consent without identifying the party or parties who withheld consent. The order expressly states that withholding consent would not result in adverse consequences.

Disposition

This was a procedural order concerning possible consent to proceed before a magistrate judge. Judge Ronnie Abrams did not rule on the merits of the underlying dispute or grant or deny a motion resolving any claim.