Sampson v. Sarah Lawrence College

Background

Anna Sampson brought a personal-injury action against Sarah Lawrence College, Carriage Construction Corp., and Empire Paving & Masonry, Inc. She alleged that she slipped and fell on November 14, 2017, on a patio in front of the Westlands Dormitory on the college’s campus. Sarah Lawrence filed an answer to Sampson’s amended complaint and asserted cross-claims—claims by one defendant against other defendants—against Carriage and Empire.

Sampson and Sarah Lawrence consented to the assigned magistrate judge’s authority to conduct all proceedings, including trial and entry of judgment. Carriage and Empire did not consent. The opinion states that they were in default and therefore could not consent. Sarah Lawrence also represented that it had not served its cross-claims on Carriage and Empire.

Reasoning

The court explained that a magistrate judge may exercise full authority over a case only when all parties clearly and expressly consent under 28 U.S.C. § 636(c) and Federal Rule of Civil Procedure 73. Because Carriage and Empire had not consented, the magistrate judge could not exercise that authority over claims involving them.

Ruling

The court ordered, under Federal Rule of Civil Procedure 21, that Sampson’s claims against Carriage and Empire and Sarah Lawrence’s cross-claims against them be severed from the original action. The Clerk was directed to open a new case, assign it to United States District Judge Kenneth M. Karas and Magistrate Judge Judith C. McCarthy, waive the filing fee, include the docket entries from the original case, and terminate Carriage and Empire from the original docket. The opinion does not decide the underlying personal-injury claims.