Rothschild v. Gildred
- Cisneros
- 3:23-cv-02105
- U.S. District Court · Northern District of California
- 2
In Rothschild v. Gildred, Judge Cisneros required Mayer Amschel Rothschild to refile his request to withdraw consent as a noticed motion.
Mayer Amschel Rothschild, whose filing was not treated as an effective withdrawal of his consent to proceed before a magistrate judge.
What happened
In Rothschild v. Gildred, Mayer Amschel Rothschild had previously agreed to proceed before a magistrate judge. He later filed a form declining to proceed before one.
The court explained that a declination form did not withdraw his earlier consent. It said he must file a formal motion under Civil Local Rule 7-2 if he wants to withdraw that consent.
Judge Cisneros ordered that any such motion be reassigned to the general-duty judge for decision. The court therefore required Rothschild to refile his request as a properly noticed motion.
The detailed version
- Rothschild v. Gildred · No. 3:23-cv-02105
- Cisneros
- May 21, 2024
Background
Mayer Amschel Rothschild filed a consent to proceed before a magistrate judge on August 28, 2023. On May 18, 2024, he filed a declination to proceed before a magistrate judge. The court noted that he could not withdraw his prior consent merely by filing a declination form.
The opinion also states that Rothschild originally filed the complaint as Thomas Etienne Rothschild and later notified the court that his name had changed to Mayer Amschel Rothschild. The court took judicial notice of a state-court order showing that his legal name is now Mayer Amschel Rothschild.
Ruling
The court required Rothschild to file a formal motion to withdraw his consent if he wished to do so. The motion must be properly noticed and follow the procedures in Civil Local Rule 7-2. The court further ordered that any such motion be reassigned to the general-duty judge for decision when ready. Judge Lisa Y. Cisneros issued the order on May 21, 2024.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.