Phan v. Jetblue Airways Corporation

Filing 75

ORDER DENYING defendant's 65 Motion for Reconsideration signed by Senior Judge William B. Shubb on 7/2/2018. (Kirksey Smith, K)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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----oo0oo----

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XUAN THI PHAN, an individual,
Plaintiff,

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No. 16-cv-2328 WBS DB

v.

ORDER RE: MOTION FOR
RECONSIDERATION

JETBLUE AIRWAYS CORPORATION, a
Delaware Corporation,
Defendant.

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----oo0oo---On January 11, 2018, defendant filed a motion seeking
reconsideration of part of the magistrate judge’s order filed on
December 28, 2017, denying in part and granting in part
plaintiff’s motion to compel.

Pursuant to Fed. R. Civ. P. 72(a),

a magistrate judge’s orders shall be upheld unless “clearly
erroneous or contrary to law.”

See also E.D. Local Rule 303(f);

28 U.S.C. § 636(b)(1)(A).
Upon review of the entire file, considering that the
magistrate judge’s order limited discovery to contact information

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for passengers seated in plaintiff’s row and through the back of

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plane and further limited plaintiff’s request to any complaints

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of injuries from turbulence in the last two years, the court does

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not find the magistrate judge’s determination that plaintiff had

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a compelling need for those records and had an inability to

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obtain those records through other means, which outweighed

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defendant’s privacy concerns, to be clearly erroneous or contrary

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to law.

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IT IS THEREFORE ORDERED that defendant’s Motion for

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Reconsideration (Docket No. 65) be, and the same hereby is,

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DENIED.

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Dated:

July 2, 2018

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