1 “[#11]” is an example of the convention I use to identify the docket number assigned to a specific

paper by the court’s electronic case filing and management system (CM/ECF). I use this convention

throughout this order.

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Robert E. Blackburn, Judge

Civil Action No. 11-cv-02694-REB-KLM

CRYSTAL KOOY,

Plaintiff,

v.

DEBRA RILEY,

JUDY SAIZ, and

PAULA FRANTZ,

Defendants.

ORDER

Blackburn, J.

The following matters are before me for consideration: (1) the Notice of

Availability of a United States Magistrate Judge To Exercise Jurisdiction [#11]1

filed December 13, 2011, by the plaintiff; and the Notice of Availability of a United

States Magistrate Judge To Exercise Jurisdiction [#17] filed January 23, 2012, by

the defendants. I construe both notices as an attempt by the parties to consent to

disposition by a United States Magistrate Judge. However, the putative consents of the

parties are made using forms that are no longer applicable.

The notices and consents of the parties implicate 28 U.S.C. § 636(c)(1), Fed. R.

Civ. P. 73, and D.C.COLO.LCivR 72.2E. In relevant part, 28 U.S.C. § 636(c)(1)

provides:

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Upon the consent of the parties, a full-time United States

magistrate judge or a part-time United States magistrate

judge who serves as a full-time judicial officer may conduct

any or all proceedings in a jury or nonjury civil matter and

order the entry of judgment in the case, when specially

designated to exercise such jurisdiction by the district court

or courts he serves.

Relatedly and relevantly, Fed. R. Civ. P. 73(a) provides:

Trial by Consent. When authorized under 28 U.S.C. §

636(c), a magistrate judge may, if all parties consent,

conduct a civil action or proceeding, including a jury or

nonjury trial.

Finally, D.C.COLO.LCivR 72.2E., which was amended effective December 1,

2011, provides:

Assignment. On entry of an order of reference pursuant to

28 U.S.C. § 636(c), the civil action will be assigned to the

magistrate judge then assigned to the case.

(Emphasis supplied).

If the parties intend to consent voluntarily to have the United States magistrate

judge currently assigned to this case conduct all further proceedings in the case,

including the trial, then they must voluntarily and knowingly complete and sign the

“Consent to the Exercise of Jurisdiction by a United States Magistrate Judge” that

appears at the bottom of the “Notice of Availability of a United States Magistrate Judge

To Exercise Jurisdiction,” which is Appendix M to the Local Rules of Practice of the

United States District Court for the District of Colorado-Civil, as amended effective

December 1, 2011.

THEREFORE, IT IS ORDERED as follows:

1. That the Notice of Availability of a United States Magistrate Judge To

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Exercise Jurisdiction [#11] filed December 13, 2011, by the plaintiff is REJECTED

without prejudice;

2. That the Notice of Availability of a United States Magistrate Judge To

Exercise Jurisdiction [#17] filed January 23, 2012, by the defendants is REJECTED

without prejudice; and

3. That if the parties intend to consent voluntarily to have the United States

magistrate judge currently assigned to this case conduct all further proceedings in the

case, including the trial, then they must voluntarily and knowingly complete and sign the

“Consent to the Exercise of Jurisdiction by a United States Magistrate Judge” that

appears at the bottom of the “Notice of Availability of a United States Magistrate Judge

To Exercise Jurisdiction,” which is Appendix M to the Local Rules of Practice of the

United States District Court for the District of Colorado-Civil, as amended effective

December 1, 2011, in the time specified in D.C.COLO.LCivR 72.2D.

Dated January 24, 2012, at Denver, Colorado.

BY THE COURT:

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