What role do magistrates in EDNY have Forum

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repliCAN

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What role do magistrates in EDNY have

Post by repliCAN » Sat Sep 24, 2022 10:15 am

Since I know magistrate duties differ a bit by district, what can you tell me about the role of magistrates in EDNY? Thanks!

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Re: What role do magistrates in EDNY have

Post by Anonymous User » Sat Sep 24, 2022 12:04 pm

They handle all discovery disputes and settlement conferences. A lot of the pro se cases get referred to them as well.

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Re: What role do magistrates in EDNY have

Post by Anonymous User » Sat Sep 24, 2022 3:32 pm

Anonymous User wrote:
Sat Sep 24, 2022 12:04 pm
They handle all discovery disputes and settlement conferences. A lot of the pro se cases get referred to them as well.
In addition to this, my EDNY judge generally referred to MJs motions for default judgment, failure to prosecute, amend the complaint, and the occasional 12(b)(6).

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Re: What role do magistrates in EDNY have

Post by Anonymous User » Sat Sep 24, 2022 7:02 pm

discovery disputes, settlement conferences, dispositive and non-dispositive motions

SDNY is a much better experience than EDNY in that virtually every dispositive motion is contested.

In EDNY, the posture is almost always default.

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Re: What role do magistrates in EDNY have

Post by Anonymous User » Sat Sep 24, 2022 8:48 pm

Anonymous User wrote:
Sat Sep 24, 2022 7:02 pm
discovery disputes, settlement conferences, dispositive and non-dispositive motions

SDNY is a much better experience than EDNY in that virtually every dispositive motion is contested.

In EDNY, the posture is almost always default.
I assume you mean the experience of clerking for a magistrate in SDNY is better than the experience of clerking for a magistrate in EDNY?

Article III EDNY judges obviously handle contested dispositive motions.

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Re: What role do magistrates in EDNY have

Post by Anonymous User » Sat Sep 24, 2022 9:25 pm

Anonymous User wrote:
Sat Sep 24, 2022 8:48 pm
Article III EDNY judges obviously handle contested dispositive motions.
per cjra cycle, edny you will work on one contested motion and a dozen default motions; sdny you will work on half a dozen contested motions

IDK what's the better experience. employers will believe that there is no difference between the clerkships

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