Columbia Record Prods., Etc. v. Hot Wax Records, Inc., Etc., & Edward J. Holland, (Two Cases), 966 F.2d 515 (9th Cir. 1992). · Go Syfert
Columbia Record Prods., Etc. v. Hot Wax Records, Inc., Etc., & Edward J. Holland, (Two Cases), 966 F.2d 515 (9th Cir. 1992). Cases Citing This Book View Copy Cite
29 citation events (14 in the last 25 years) across 5 distinct courts.
Strongest positive: Pop Top Corp v. Rakuten Kobo Inc. (cand, 2024-04-02)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 19 distinct citers. How cited ↗
discussed Cited as authority (rule) Pop Top Corp v. Rakuten Kobo Inc.
N.D. Cal. · 2024 · confidence medium
Because Kobo’s 23 motion seeks to add Chandra as a new party to the judgment, the court may not grant the motion 24 without obtaining Chandra’s consent pursuant to 28 U.S.C. § 636 (c) due to its dispositive effect. 25 See Columbia Record Productions v. Hot Wax Records, Inc., 966 F.2d 515, 516-17 (9th Cir. 1992) 26 (holding that absent consent, magistrate judge lacks authority to render a post-judgment decision 27 that has a dispositive effect on the parties).
discussed Cited as authority (rule) Matthew Dury v. J. Ciufo
9th Cir. · 2021 · confidence medium
See Williams v. King, 875 F.3d 500, 503-04 (9th Cir. 2017); Columbia Record Prod. v. Hot Wax Records, Inc., 966 F.2d 515, 516-17 (9th Cir. 1992) (holding that absent consent, a federal magistrate judge lacked authority to render a post-judgment decision that has a dispositive effect on the parties).
discussed Cited as authority (rule) Todd Ashker v. Gavin Newsom (2×) also: Cited "see"
9th Cir. · 2020 · confidence medium
Id., citing Columbia Record Prods. v. Hot Wax Records, Inc., 966 F.2d 515, 516 (9th Cir. 1992).
discussed Cited as authority (rule) Estate of Kevin Brown v. City of San Diego
S.D. Cal. · 2020 · confidence medium
See Estate of Conners, 24 6 F.3d 656 , 659 (9th Cir. 1993); Columbia Record Productions v. Hot Wax Records, Inc. 25 966 F.2d 515, 516 (9th Cir. 1992). 26 27 28 1 This Court has notified Judge Sabraw of this post-trial discovery dispute.
cited Cited as authority (rule) Victor Parsons v. Charles Ryan
9th Cir. · 2018 · confidence medium
Columbia Record Prods. v. Hot Wax Records, Inc., 966 F.2d 515, 516 (9th Cir. 1992).
discussed Cited as authority (rule) Hangarter v. Paul Revere Life Insurance
N.D. Cal. · 2003 · confidence medium
Defendants claim that Hindiyeh and Molfino were never parties to the Hangar-ter case, although they concede that “if they had attempted to simply join in Han-garter’s breach of contract and bad faith claims, Defendants’ prior consent would suffice under the case law cited above.” (Having previously cited Nasca v. People- *1108 soft, 160 F.3d 578, 579 (9th Cir.1998); Mark I, Inc. v. Gruber, 38 F.3d 369 (7th Cir.1994); Columbia Record Prods, v. Hot Wax Records, Inc., 966 F.2d 515, 517 (9th Cir.1992); Aldrich v. Bowen, 130 F.3d 1364, 1365 (9th Cir.1997) Estate of Conners v. O’Connor, 6 …
discussed Cited as authority (rule) Faile v. Hatcher
9th Cir. · 2001 · confidence medium
Absent explicit consent of the parties or authorization by the district court, magistrate judges do not have authority to issue final appealable decisions in habeas cases. 28 U.S.C. § 636 ; Nevada Local Rule IB 1-4; Columbia Record Prods. v. Hot Wax Records, Inc., 966 F.2d 515, 516 (9th Cir.1992).
cited Cited as authority (rule) United States v. Real Property
9th Cir. · 1998 · confidence medium
Columbia Record Productions v. Hot Wax Records, Inc., 966 F.2d 515, 516-17 (9th Cir.1992). 15 In the present case, the magistrate presided over a civil forfeiture action.
cited Cited as authority (rule) United States v. Real Property
9th Cir. · 1998 · confidence medium
Columbia Record Productions v. Hot Wax Records, Inc., 966 F.2d 515, 516-17 (9th Cir.1992).
discussed Cited as authority (rule) Aldrich v. Bowen
9th Cir. · 1997 · confidence medium
See Alaniz v. California Processors, Inc., 690 F.2d 717, 720 (9th Cir.1982); Columbia Record Productions v. Hot Wax Records, 966 F.2d 515, 517 (9th Cir.1992); Estate of Conners by Meredith v. O'Connor, 6 F.3d 656 , 658 (9th Cir.1993).
discussed Cited as authority (rule) Aldrich v. Bowen
9th Cir. · 1997 · confidence medium
See Alaniz v. California Processors, Inc., 690 F.2d 717, 720 (9th Cir.1982); Columbia Record Productions v. Hot Wax Records, 966 F.2d 515, 517 (9th Cir.1992); Estate of Conners by Meredith v. O’Connor, 6 F.3d 656, 658 (9th Cir.1993).
cited Cited as authority (rule) Joe R. Ward Rhonda J. Ward v. United States Department of Interior Bureau of Land Management
9th Cir. · 1994 · confidence medium
See D.Ore.Loc.R. 135; Columbia Record Prods. v. Hot Wax Records, Inc., 966 F.2d 515, 517 (9th Cir.1992) (special designation may be by local rule).
discussed Cited as authority (rule) Estate of Conners ex rel. Meredith v. O'Connor (2×) also: Cited "see"
9th Cir. · 1993 · confidence medium
Columbia Record Prods. v. Hot Wax Records, Inc., 966 F.2d 515, 516 (9th Cir.1992) (noting that section 636(b)(1) “only concerns pre-trial matters and some criminal proceedings, and therefore is inapplicable to this post-judgment assignment order”); accord Colorado Bldg. & Constr.
discussed Cited as authority (rule) ESTATE OF (2×) also: Cited "see"
9th Cir. · 1993 · confidence medium
Columbia Record Prods. v. Hot Wax Records, Inc., 966 F.2d 515, 516 (9th Cir.1992) (noting that section 636(b)(1) "only concerns pre-trial matters and some criminal proceedings, and therefore is inapplicable to this post-judgment assignment order"); accord Colorado Bldg. & Constr.
discussed Cited as authority (rule) Bank Tejarat v. Abdol Hossein Varsho-Saz, and Hossein Kamrani
9th Cir. · 1992 · confidence medium
See Fed.R.Civ.P. 72; Reynaga v. Cammisa, 971 F.2d 414, 416 (9th Cir.1992); Columbia Record Prods. v. Hot Wax Records, 966 F.2d 515, 516-17 (9th Cir.1992); Alaniz v. California Processors, Inc., 690 F.2d 717, 720 (9th Cir.1982) (clear and unambiguous expression of consent of parties is required to vest magistrate with authority to enter dispositive orders).
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
9th Cir. · 1991 · confidence medium
We, therefore, will not imply consent from the parties' actions in the absence of an "affirmative statement of consent." Columbia Record Prods. v. Hot Wax Records, Inc., 966 F.2d 515, 517 (9th Cir.1992). 7 Plaintiffs further contend that even if the additional defendants did not explicitly consent, they consented under Montana Local Rule 105-2(d), which deems parties to have consented to a magistrate judge's jurisdiction if they do not demand in writing an Article III judge within 10 days after service of the last pleading.
discussed Cited "see" Driggs v. Commissioner of Social Security Administration
D. Ariz. · 2020 · signal: see · confidence high
Plaintiff is within his rights to decline adjudication of his 19 case by a magistrate judge and Plaintiff’s consent is required before a magistrate judge may 20 properly exercise jurisdiction over his case. 28 U.S.C. § 636 (c)(1); see Columbia Record 21 Prods. v. Hot Wax Records, Inc., 966 F.2d 515, 516 (9th Cir. 1992).
cited Cited "see, e.g." Hulen T. Harrell v. J.W. Huskey, Warden
9th Cir. · 1992 · signal: see also · confidence medium
See id. at 416-17 ; see also Columbia Record Prod. v. Hot Wax Records, Inc., 966 F.2d 515, 517 (9th Cir.1992).
discussed Cited "see, e.g." Johnnie Reynaga v. Sharon M. Cammisa Steve White M. Cedillo Michael T. Garcia (2×)
9th Cir. · 1992 · signal: see also · confidence medium
See also Columbia Record Productions v. Hot Wax Records, Inc., 966 F.2d 515, 516-17 (9th Cir. 1992) (noting that consent must be explicit and on the record).
Retrieving the full opinion text from the archive…
COLUMBIA RECORD PRODUCTIONS, Etc., Plaintiff-Appellee,
v.
HOT WAX RECORDS, INC., Etc., Defendant, and Edward J. Holland, Defendant-Appellant (Two Cases)
91-55429, 91-56013.
Court of Appeals for the Ninth Circuit.
Jun 8, 1992.
966 F.2d 515
1992 WL 119913
Raoul Y. Roth, Encino, Cal., for plaintiff-appellee., Terran T. Steinhart, Los Angeles, Cal., for defendant-appellant.
Canby, Reinhardt, Thompson.
Cited by 21 opinions  |  Published
CANBY, Circuit Judge.

Edward J. Holland, Jr. appeals the district court’s denial of his motion for relief from a magistrate judge’s order under Rule 60(b) of the Federal Rules of Civil Procedure. He also challenges the magistrate judge’s authority to enter the underlying order. We reverse.

This case arises from the efforts of Columbia Record Productions to enforce a judgment for $100,000 that it obtained against Holland in the United States District Court for the Eastern District of Michigan. Columbia, having discovered that Holland had assets in California, secured a writ of execution from the District Court for the Central District of California. Thereafter, Columbia moved that court for an order assigning assets, which motion was assigned to Magistrate Judge George H. King for decision. The magistrate judge issued an order assigning assets, but Columbia was unable to realize any recovery from it. It then discovered other assets and requested the magistrate judge to issue another order assigning assets of Holland. A second order was then issued, over opposition, by the magistrate judge. Holland filed a notice of appeal purporting to appeal that order to this court. [1] Holland also filed a Rule 60(b) motion with the district court, seeking relief from the magistrate judge’s order. His motion asserted, among other grounds, that the magistrate judge had no power to enter the order, and that personal jurisdiction over Holland was lacking because the affidavit of service of process was fraudulent.

The district court denied Holland’s Rule 60(b) motion, and Holland appealed to this court.

DISCUSSION

A. Authority to Act

Since its enactment in 1968, the Federal Magistrates Act has permitted district courts to assign magistrate judge’s certain described powers and duties, as well as such additional duties as are not inconsistent with the Constitution and laws of the United States. Pub.L. 90-578, 82 Stat. 1107 (current version at 28 U.S.C. § 631 et seq.). Our task is to determine whether this statute authorized Magistrate Judge George H. King to enter the assignment order in this case.

At the outset, we note that section 636(b)(1) provides no basis for the order. That provision only concerns pre-trial matters and some criminal proceedings, and therefore is inapplicable to this post-judgment assignment order. See 28 U.S.C. § 636(b)(1). Section 636(b)(2) also is irrelevant, as it only deals with special masters.

Section 636(c) conceivably could authorize the order, because it extends to all civil proceedings resulting in a final judgment. See 28 U.S.C. § 636(c)(1), (3). In this case, the magistrate judge’s order effectively assigned priorities among Holland’s creditors [2] and thus qualifies as a final order. See King v. Ionization Int’l, Inc., 825 F.2d 1180, 1184-85 (7th Cir.1987). Accordingly, Columbia will prevail under this section if: (1) the district court specially designated the magistrate judge to exercise jurisdiction; and (2) the parties consented to the magistrate judge’s authority. 28 U.S.C. § 636(c)(1).

[*517] Although no individual district judge designated Magistrate Judge King to exercise jurisdiction, we must consider the possibility of designation under the local rules. See Fed.R.Civ.P. 73(a). Under Local Rule 1.7.03, magistrate judges are authorized to preside over all supplementary proceedings covered by Rule 69 of the Federal Rules of Civil Procedure. Nevertheless, the local rule’s very terms undermine the designation argument. The rule states: “[t]he full-time Magistrates are authorized to hear and determine the following pursuant to 28 U.S.C. Sec. 636(b)(1)(A) ...” Local Rule 1.7. Section 636(b)(1) appears to contemplate review by the district judge in the first instance, rather than an appeal to this court. See King, 825 F.2d at 1185. The designation argument therefore is untenable. Moreover, our review of the record discloses no affirmative statement of consent. The magistrate judge thus lacked authority to enter a dispositive order. See Alaniz v. California Processors, Inc., 690 F.2d 717, 720 (9th Cir.1982) (holding that the parties must give clear and unambiguous consent to jurisdiction); see also Local Rule 6.6.

Columbia Record Productions nevertheless maintains that the order was permissible under 28 U.S.C. § 636(b)(3). According to Columbia, entry of the assignment order was merely an additional duty that magistrate judges perform in accord with federal law and the Constitution. This interpretation does not comport with section 636(c), which provides that a decision with a dis-positive effect on the parties cannot be made without their signed consent. We decline to upset the statutory scheme, and hold that section 636(b)(3) did not authorize the magistrate judge to enter the order.

Having failed to find a statutory basis for the magistrate judge’s order, we conclude that he lacked authority to enter it. We accordingly vacate that order and remand the matter to the district court.

B. Rule 60 Motion

The conclusion we have just reached also has implications for the order denying relief under Rule 60(b) of the Federal Rules of Civil Procedure. The district judge’s action was implicitly conditioned on the validity of the underlying assignment order. Because that order was invalid, we must vacate the subsequent Rule 60 order as well. We accordingly remand the entire case for decision by the district court. On remand, the district court may consider the issues formerly raised in the Rule 60(b) motion, including those contesting personal jurisdiction, along with such other matters as it deems appropriate.

REVERSED; ORDERS VACATED; REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.

1

. Our decision that the magistrate judge lacked power to enter a final order of assignment casts great doubt on the efficacy of this first notice of appeal. We need not determine the effect of that notice, however, because we conclude that Holland’s appeal from denial of the district court’s Rule 60(b) motion suffices to bring before us both the validity of the Rule 60(b) order and the validity of the magistrate judge’s assignment order.

2

. See Cal.Civ.Code § 955.1.