green
Positive treatment
Quoted verbatim 2×
23.3 score
“wjhen the objection is to jurisdiction, it cannot be waived.”
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987
2006
2026
Top citers, strongest first. 25 distinct citers.
How cited ↗
cited
Cited "but see"
Matter of Tvorik
But see, Caprera v. Jacobs, 790 F.2d 442 (5th Cir. 1986) (express consent is required under Magistrates's Act); Interconnect Telephone Services, Inc. v. Farren, 59 B.R. 397 (S.D.N.Y.1986).
cited
Cited "but see"
Spence v. Pontack (In re Tvorik)
But see, Caprera v. Jacobs, 790 F.2d 442 (5th Cir.1986) (express consent is required under Magistrates’s Act); Interconnect Telephone Services, Inc. v. Farren, 59 B.R. 397 (S.D.N.Y.1986).
discussed
Cited as authority (verbatim quote)
Donaldson v. Ducote
hen the objection is to jurisdiction, it cannot be waived.
discussed
Cited as authority (verbatim quote)
John Donaldson v. Richard Ducote
wjhen the objection is to jurisdiction, it cannot be waived.
discussed
Cited as authority (rule)
Miranda L. Day v. Persels & Associates, LLC
Enters., Inc., 996 F.2d 21 , 24-25 (2d Cir. 1993) (requiring intervenors’ express consent to the magistrate judge’s jurisdiction); Caprera v. Jacobs, 790 F.2d 442, 444-45 (5th Cir. 1986) (per curiam) (holding that a magistrate judge did not have jurisdiction to enter the order of dismissal because later-added defendants did not expressly consent to the 49 Case: 12-11887 Date Filed: 09/10/2013 Page: 50 of 68 magistrate judge’s jurisdiction); In re Litig.
discussed
Cited as authority (rule)
Miranda L. Day v. Persels & Associates, LLC
(2×)
Enters., Inc., 996 F.2d 21 , 24-25 (2d Cir.1993) (requiring intervenors’ express consent to the magistrate judge’s jurisdiction); Caprera v. Jacobs, 790 F.2d 442, 444-45 (5th Cir.1986) (per curiam) (holding that a magistrate judge did not have jurisdiction to enter the order of dismissal because later-added defendants did not expressly consent to the magistrate judge’s jurisdiction); In re Litig.
discussed
Cited as authority (rule)
McGinnis v. Shalala
As noted, however, consent to trial by magistrate judge must be express; we have "refused to 'infer this statutorily required consent from the conduct of the parties.'" Mendes Junior Int'l Co. v. M/V SOKAI MARU, 978 F.2d 920, 922 (5th Cir. 1992) (quoting Caprera v. Jacobs, 790 F.2d 442, 445 (5th Cir. 1986)).
discussed
Cited as authority (rule)
McGinnis v. Shalala
As noted, however, consent to trial by magistrate judge must be express; we have "refused to 'infer this statutorily required consent from the conduct of the parties.'" Mendes Junior Int'l Co. v. M/V SOKAI MARU, 978 F.2d 920, 922 (5th Cir. 1992) (quoting Caprera v. Jacobs, 790 F.2d 442, 445 (5th Cir. 1986)).
discussed
Cited as authority (rule)
Bohreer v. Manly
(2×)
The original complaint also named as a defendant “John Doe (Head Jailers until Identified).” The amended complaint naming Ferrell and Adams County as the sole defendants was not filed until November 9, 2000. 5 See Mendes, 978 F.2d at 922-23 ; Caprera v. Jacobs, 790 F.2d 442, 445 (5th Cir. 1986). 3 carrier.6 Accordingly, we conclude that the magistrate judge lacked jurisdiction to enter its order denying Ferrell’s motion, which we in turn lack appellate jurisdiction to review.7 VACATED AND REMANDED. 6 See Mendes, 978 F.2d at 922 ; EEOC v. W.
discussed
Cited as authority (rule)
United States v. Gochis
See Gomez, 490 U.S. at 870-72 , 109 S.Ct. 2237 (referring repeatedly to magistrate judges’ trial and adjudicatory jurisdiction); Rice, 209 F.3d at 1014 (reasoning that if the defendant “did not consent to trial before the magistrate judge, then the magistrate judge would not have had jurisdiction to enter a final judgement”); NLRB v. A-Plus Roofing, 39 F.3d 1410, 1416-17 (9th Cir.1994) (holding that without the required consent under § 3401(b), “the magistrate [judge] had no jurisdiction” and, as a result, the court “cannot rule based on his recommendations”); Mendes Junior Int�…
cited
Cited as authority (rule)
Fleming v. Town of Rancho Viejo
Health Services, Inc., 959 F.2d 1277 , 1281-82 (5th Cir. 1992); Caprera v. Jacobs, 790 F.2d 442, 445-46 (5th Cir. 1986); Parks v. Collins, 761 F.2d 1101, 1106 (5th Cir. 1985).
discussed
Cited as authority (rule)
McGinnis v. Shalala
As noted, however, consent to trial by magistrate judge must be *552 express; we have “refused to ‘infer this statutorily required consent from the conduct of the parties.’ ” Mendes Junior Int’l Co. v. M/V SOKAI MARU, 978 F.2d 920, 922 (5th Cir.1992) (quoting Caprera v. Jacobs, 790 F.2d 442, 445 (5th Cir.1986)).
discussed
Cited as authority (rule)
McGinnis v. Shalala
As noted, however, consent to trial by magistrate judge must be express; we have "refused to 'infer this 7 statutorily required consent from the conduct of the parties.'" Mendes Junior Int'l Co. v. M/V SOKAI MARU, 978 F.2d 920, 922 (5th Cir. 1992) (quoting Caprera v. Jacobs, 790 F.2d 442, 445 (5th Cir. 1986)).
discussed
Cited as authority (rule)
New York Chinese TV Programs, Inc. v. U.E. Enterprises, Inc.
Miller, Federal Practice and Procedure § 3077.2-3 (Supp.1987) (legislative history of Magistrate’s Act and Fed.R.Civ.P. 73(a) indicates that voluntary consent of all parties — even those entering case at later stage — may be required to invoke jurisdictional provisions of § 636(c)); Caprera v. Jacobs, 790 F.2d 442, 446 (5th Cir.1986) (per curiam) (explicit consent to § 636(c)(1) referral required of all parties; original parties’ consent did not bind defendants added to plaintiffs’ complaint); Guess v. Chenault, 108 F.R.D. 446, 449-50 (N.D.Ind.1985) (newly added defendant objected…
discussed
Cited as authority (rule)
New York Chinese Tv Programs, Inc. v. Enterprises, Inc.
Miller, Federal Practice and Procedure § 3077.2-3 (Supp.1987) (legislative history of Magistrate's Act and Fed.R.Civ.P. 73(a) indicates that voluntary consent of all parties--even those entering case at later stage--may be required to invoke jurisdictional provisions of § 636(c)); Caprera v. Jacobs, 790 F.2d 442, 446 (5th Cir.1986) (per curiam) (explicit consent to § 636(c)(1) referral required of all parties; original parties' consent did not bind defendants added to plaintiffs' complaint); Guess v. Chenault, 108 F.R.D. 446, 449-50 (N.D.Ind.1985) (newly added defendant objected to § 636(c…
discussed
Cited as authority (rule)
Litigation Relating to Riot of September 22, 1991 at the Maximum Security Unit of the Montana State Prison v. Chisholm. Langford v. McCormick
Enterprises, 996 F.2d 21 (2nd Cir.1993), Caprera v. Jacobs, 790 F.2d 442, 443-44 (5th Cir.1986) (same, even though same attorney represented both original consenting defendants and later added non-consenting defendants). 9 Absent an explicit consent to the exercise of his jurisdiction by all parties, the magistrate judge lacked jurisdiction to rule on defendant's summary judgment motion, see Alaniz, 690 F.2d at 720 .
cited
Cited as authority (rule)
Jurado v. Klein Tools, Inc.
See e.g., Freeman v. Petsock, 820 F.2d 628, 629-30 (3rd Cir.1987); Caprera v. Jacobs, 790 F.2d 442, 443 (5th Cir.1986); Sullivan v. Bankhead Enterprises, Inc., 108 F.R.D. 378, 379 (D.Mass.1985).
cited
Cited as authority (rule)
Eldridge Lovelace v. Linda Dall
Adams v. Heckler, 794 F.2d 303, 307 (7th Cir.1986); Geaney v. Carlson, 776 F.2d 140, 142 (7th Cir.1986); Caprera v. Jacobs, 790 F.2d 442, 445 (5th Cir.1986) (per curiam).
cited
Cited "see"
Haskett v. Orange Energy Corp.
See Caprera v. Jacobs, 790 F.2d 442, 444-45 (5th Cir.1986).
cited
Cited "see"
Smith v. Shawnee Library System
See Caprera v. Jacobs, 790 F.2d 442, 445 (5th Cir.1986).
cited
Cited "see"
Smith v. Shawnee Library System
See Caprera v. Jacobs, 790 F.2d 442, 445 (5th Cir.1986).
cited
Cited "see"
E.E.O.C. v. West Louisiana Health Services, Inc.
See Caprera v. Jacobs, 790 F.2d 442, 445 (5th Cir. 1986).
cited
Cited "see"
Equal Employment Opportunity Commission v. West Louisiana Health Services, Inc.
See Caprera v. Jacobs, 790 F.2d 442, 445 (5th Cir.1986).
cited
Cited "see"
Equal Employment Opportunity Commission, Elenoria Anderson, Movant-Appellant v. West Louisiana Health Services, Inc., Equal Employment Opportunity Commission v. West Louisiana Health Services, Inc. v. Betty Jo Lewis, Intervenor-Appellant
See Caprera v. Jacobs, 790 F.2d 442, 445 (5th Cir.1986).
discussed
Cited "see"
Mark Murret, Nick Congemi, Westley West, Sr., Tommy Powell and Anita Allen v. The City of Kenner, the Kenner Police Department
See generally Caprera v. Jacobs, 790 F.2d 442 (5th Cir.1986) (vacating magistrate’s dismissal of plaintiff’s civil rights action because new defendants, added by amended complaint, did not expressly consent to case being tried before magistrate).
Retrieving the full opinion text from the archive…
Curtis Michael RICHENDOLLAR, Plaintiff-Appellee, Cross-Appellant,
v.
DIAMOND M DRILLING COMPANY, INC., Defendant-Appellant, Cross-Appellee, and Baker Shipyards, Inc., Defendant-Appellee
v.
DIAMOND M DRILLING COMPANY, INC., Defendant-Appellant, Cross-Appellee, and Baker Shipyards, Inc., Defendant-Appellee
84-2492.
Court of Appeals for the Fifth Circuit.
May 28, 1986.
Joseph J. Weigand, Jr., Weigand, Weigand & Meyer, Houma, La., White, Huseman, Pletcher & Powers, Bradford M. Condit, Corpus Christi, Tex., for Diamond M Drilling Co., Herbert W. Barnes, Michael J. Samanie, Houma, La., for Richendollar., Richard A. Schwartz, Thelem, Marrin, Johnson & Bridges, Houston, Tex., for Baker Shipyards, Inc. & Baker Marine.
Clark, Gee, Rubin, Reavley, Politz, Randall, Johnson, Williams, Garwood, Jolly, Higginbotham, Davis, Hill, Jones.
Published
ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC
(Opinion March 5, 1986, 5 Cir., 1986, 784 F.2d 580)
Before CLARK, Chief Judge, GEE, RUBIN, REAVLEY, POLITZ, RANDALL, JOHNSON, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, HILL, and JONES, Circuit Judges. BY THE COURT:A member of the Court in active service having requested a poll on the suggestion for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc,
IT IS ORDERED that this cause shall be reheard by the Court en banc without oral argument. The Clerk will specify a briefing schedule for the filing of supplemental briefs.