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IN RE MARRIAGE OF NASCA

Nos. 98-15313, 98-15314.

160 F.3d 578 (1998)

In re Marriage of NASCA, Peter S. NASCA & Denise G. Nasca, Plaintiffs-Appellees, v. PEOPLESOFT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 17, 1998.

As Amended January 7, 1999.

Attorney(s) appearing for the Case

James Nelson, Diepenbrock, Wulff, Plant & Hannegan, Sacramento, California, for defendant-appellant.

Ann Riley, Danville, California, for plaintiffs-appellees.

Barbara A. Diafranza, Salinas, California, for amicus.

Before: HUG, Chief Judge, FLETCHER and TROTT, Circuit Judges.

FLETCHER, Circuit Judge:

We dismiss these appeals for lack of appellate jurisdiction and direct the magistrate to withdraw his remand order and fee award because the parties did not manifest consent in the manner required by 28 U.S.C. § 636(c) and Fed.R.Civ.P. 73(b). We conclude that general orders from a district court that allow the court to infer consent from a failure to object are insufficient to manifest consent.

This case began as a divorce proceeding...

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