In re McCray, Richardson, Santana, Wise, and Salaam Litigation

FBK moved to dismiss for lack of appellate jurisdiction SHW's appeal from the district court's ruling on motions by SHW relating to its entitlement to attorneys' fees as former counsel to certain plaintiffs in the underlying action. FBK contends that because SHW did not consent, pursuant to 28 U.S.C. 636(c), for all proceedings to be conducted before a magistrate judge, the magistrate judge's orders must be treated merely as recommendations to be reviewed by the district court, and that appeal directly to this court from the orders of the magistrate judge is unauthorized. The court denied the motion, concluding that the consent of SHW as counsel or former counsel was not required because section 636(c)'s consent requirement applies to parties (and to persons who move to become parties, see New York Chinese TV Programs, Inc. v. U.E. Enterprises, Inc., 996 F.2d 21 (2d Cir. 1993)), and the parties in this case had given the requisite consent. View "In re McCray, Richardson, Santana, Wise, and Salaam Litigation" on Justia Law