Heilman v. Cherniss et al

Filing 283

ORDER signed by District Judge John A. Mendez on 12/14/18 DENYING 276 Motion for Reconsideration. This Court leaves to Magistrate Judge Brennan the determination of the amount of the sanctions to be imposed against CDCR. (Coll, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THOMAS JOHN HEILMAN,

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2:11-cv-00042 JAM-EFB P

Plaintiff,

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No.

v.
C. CHERNISS, et al.,

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ORDER DENYING CDCR’S REQUEST FOR
RECONSIDERATION

Defendants.

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Before this Court is non-party California Department of

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Corrections and Rehabilitation’s (“CDCR”) Request for

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Reconsideration (Mot., ECF No. 276) of Magistrate Judge Brennan’s

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November 15, 2018 Order (Order, ECF No. 272) granting in part

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Plaintiff’s Motion to Compel (ECF No. 263).

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Magistrate Judge’s sanctions awarding attorney’s fees to

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Plaintiff in connection with the Motion to Compel.

CDCR challenges the

A magistrate’s ruling on non-dispositive matters, such as

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sanctions, must not be disturbed unless “clearly erroneous or

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contrary to law.”

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72(a); E.D. Local Rule 303(f).

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///

28 U.S.C. § 636(b)(1)(A); Fed. R. Civ. P.

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In granting the sanctions against CDCR, Magistrate Judge

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Brennan found that CDCR’s objections to the discovery based on

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“state law privilege” and the “contention that the protective

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order in this case is insufficient” were “without justification.”

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Order at 3.

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nondisclosure was substantially justified are not persuasive.

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This Court agrees.

CDCR’s arguments that its

Upon review, the Court does not find the Magistrate Judge’s

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ruling sanctioning CDCR to be clearly erroneous or contrary to

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law.

CDCR’s Request for Reconsideration is, therefore, DENIED.

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This Court leaves to Magistrate Judge Brennan the

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determination of the amount of the sanctions to be imposed

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against CDCR.

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Order at 4.

IT IS SO ORDERED.
Dated: December 14, 2018

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