Jennings v. Moreland et al
Filing
65
ORDER signed by Senior Judge Howard D. McKibben on 3/1/2010 ORDERING 64 Objections to the Magistrate's Order is DENIED. (Matson, R)
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The plaintiff has filed objections to the magistrate judge's order denying his motions to compel and for sanctions (#64). hearing on February 19, 2010, defense counsel admitted that discovery deadlines have not been met. In response, the magistrate At a MATTHEW JENNINGS, ) ) Plaintiff, ) ) vs. ) ) A. MORELAND, et al., ) ) Defendants. ) _________________________________ ) 2:08-cv-01305-HDM-RAM ORDER UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
judge ordered that defense counsel conduct a telephonic conference with plaintiff by March 5, 2010, during which the parties should attempt to resolve as many of the issues identified in plaintiff's motion to compel as possible. The magistrate judge further ordered
that on or before March 12, 2010, defense counsel file with the 1
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court a notice identifying the discovery disputes that remain. hearing was set for March 19, 2010, during which the magistrate judge would resolve the remaining discovery disputes.
A
In light of
these orders, the magistrate judge denied plaintiff's motion to compel and his motion for sanctions. Pursuant to 28 U.S.C. § 636(b)(1)(A), a magistrate judge may issue an order regarding any motion that is not dispositive of the case. This court may reconsider a magistrate judge's order
regarding a pretrial matter where "it has been shown that the magistrate judge's ruling is clearly erroneous or contrary to law." 28 U.S.C. § 636(b)(1)(A); Fed. R. Civ. P. 72(a). The magistrate judge's order denying plaintiff's motions to compel and for sanctions was not clearly erroneous or contrary to the law, particularly in view of the fact that the discovery disputes are still in the process of being resolved. Accordingly,
plaintiff's objection to the magistrate judge's order (#64) is hereby DENIED. IT IS SO ORDERED. DATED: This 1st day of March, 2010.
____________________________ UNITED STATES DISTRICT JUDGE
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