On September 9, 2011, the Fifth Circuit directed the parties to submit
Technical Automation Services Corp. v. Liberty Surplus Insurance Corporation, No. 10-20640 (5th Cir. 9/9/11), Order, p. 2.letter briefs of not more than six pages addressing whether the reasoning of Stern applies to magistrate judges, which, like bankruptcy judges, are not Article III judges, and whether, under Stern, a magistrate judge can enter final judgment in a case tried to a magistrate judge by consent under 28 U.S.C. § 636(c) where jurisdiction is based on diversity of citizenship and state law provides the rule of decision.
Thus, it looks like there may be a circuit-level opinion on Stern v. Marshall sooner rather than later.
Hat Tip to Prof. Ken Klee.
You can read the order in full below.