Does the U.S.D.J. handle all dispositive motions or does the U.S.M.J do some?

[Paul84]

What is the name of your state (only U.S. law)? NY, federal

If an opposing party fails to respond to a motion, within how much time after the deadline for response does a judge have for issuing an opinion on the motion, or is no issue of an opinion required?

Also, for a dispositive motion such as for default judgment, should the moving party address it to the assigned U.S. District Judge (U.S.D.J.) or to the assigned U.S. Magistrate Judge (U.S.M.J.), on the assumption that the U.S.M.J. then makes a recommendation to the U.S.D.J.?

 

[tranquility]

What is the name of your state (only U.S. law)? NY, federal

If an opposing party fails to respond to a motion, within how much time after the deadline for response does a judge have for issuing an opinion on the motion, or is no issue of an opinion required?

There must, at some point, be a decision on the motion. That would depend on overall requirements. I don't know of a specific "deadline" for a judge to decide the motion other than some circuits have rules to clear things yearly.

Also, for a dispositive motion such as for default judgment, should the moving party address it to the assigned U.S. District Judge (U.S.D.J.) or to the assigned U.S. Magistrate Judge (U.S.M.J.), on the assumption that the U.S.M.J. then makes a recommendation to the U.S.D.J.?

That should have been told to you in a court order.

 

[Paul84]

Thanks, Tranquility.

 

[Paul84]

Motion says "... will move this court at a date to be determined ..."

I've noticed that the defendants' notice of motion to dismiss does not specify a date but uses only the language above: "at a date to be determined". Is that a problem that could encourage no action by the court and thus result in a kind of dismissal by default or by failure to prosecute? I've seen that other cases in federal court specify a date for a motion on the moving paper.

In other words, I don't want the court to have an excuse to delay indefinitely. Or should I not be concerned about that--are the defendants just being polite and leaving the date of a hearing/ruling to the court's discretion?

 

[Paul84]

Does the U.S.M.J. share his/her recommendation to the U.S.D.J. with parties?

There must, at some point, be a decision on the motion. That would depend on overall requirements. I don't know of a specific "deadline" for a judge to decide the motion other than some circuits have rules to clear things yearly.

That should have been told to you in a court order.

When the U.S. Magistrate Judge makes his/her recommendation on a dispositive motion to the presiding U.S. District Judge, does the magistrate share that recommendation with the parties to the case?

 

[Ohiogal]

When the U.S. Magistrate Judge makes his/her recommendation on a dispositive motion to the presiding U.S. District Judge, does the magistrate share that recommendation with the parties to the case?

Have you read the federal rules?
Specifically:
Fed. R. Civ. Pro. 72

 

[Paul84]

Have you read the federal rules?
Specifically:
Fed. R. Civ. Pro. 72

Thanks. I had not read that one, or if I had, no longer remembered it. By FRCP 72(b)(1)'s use of "promptly", I guess that can mean anything from several months (as have already passed from the date of the defendants' motion) to a year or more.