Prakash v. Pulsent Corporation Employee Long Term Disability Plan

Filing 244

ORDER re 201 Appeal of Magistrate Judge Decision to District Court filed by Verseon LLC, 202 Objection filed by Sun Life Assurance Company of Canada, Sun Life Assurance Company of Canada dba Sun Life Financial. Signed by Judge Samuel Conti on 12/17/08. (sclc1, COURT STAFF) (Filed on 12/17/2008)

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1 2 3 4 5 6 7 8 9 10 For the Northern District of California UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) Plaintiff, ) ) v. ) ) PULSENT CORPORATION EMPLOYEE LONG ) TERM DISABILITY PLAN, ) ) ) ) Defendant. ) ) ) SUN LIFE FINANCIAL and SUN LIFE ) ASSURANCE COMPANY OF CANADA, ) ) ) Real Parties in Interest.) ___________________________________) ENIKO PRAKASH, No. C-06-7592 SC ORDER RE OBJECTIONS TO NINTH DISCOVERY ORDER United States District Court 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Magistrate Judge Zimmerman issued the Ninth Discovery Order ("Order") in this matter on March 26, 2008. Docket No. 199. Pursuant to Federal Rule of Civil Procedure 72(a), Verseon LLC ("Verseon") objected to portions of the Order. 201. See Docket No. Real Party in Interest and Counterclaimant Sun Life Assurance of Canada ("Sun Life") responded to Verseon's objections and filed its own objections. See Docket Nos. 209, 202. See Docket No. 242. Rule 72(a) provides the Verseon responded to Sun Life's objections. Both parties' objections lack merit. standard of review for orders issued by a magistrate judge: The district judge in the case must consider timely objections to and modify or set aside any part of the order that is clearly erroneous or is contrary to law. 1 2 3 4 5 6 7 8 9 10 For the Northern District of California Fed. R. Civ. P. 72(a). The Court has reviewed Magistrate Judge Zimmerman's Order, the parties' objections to that Order, as well as the parties' submissions on the underlying motions and supporting documents. The Court finds that neither party has carried its burden of showing that Magistrate Judge Zimmerman's ruling was clearly erroneous or contrary to law. and Verseon's objections are therefore OVERRULED. Both Sun Life's IT IS SO ORDERED. United States District Court 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: December 17, 2008 UNITED STATES DISTRICT JUDGE 2

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