United States Ninth Circuit

The record casts into doubt whether plaintiff voluntarily consented to the magistrate judge-s jurisdiction to enter judgment as required by 28 U.S.C. section 636(c)(1), and because appellate jurisdiction depends on the proper exercise of magistrate judge jurisdiction, trial court's denial of plaintiff's motion for a new trial is remanded to determine whether plaintiff voluntarily consented to proceed to judgment.

Appellate Information

• Argued 05/09/2003
• Decided 12/05/2003
• Published 12/05/2003

Judges

• WALLACE, Senior Circuit Judge:, Before LAY,WALLACE, and TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Peter B. Camp, Everett, WA, for the plaintiff/appellant.


• For Appellees:
  
• Timothy C. Gerking, Brophy, Mills, Schmor, Gerking & Brophy, Medford, OR, for the defendants/appellees.