State Compensation Insurance Fund v. Metropolitan West Securities LLC et al

Filing 178

ORDER DENYING OBJECTIONS AND AFFIRMING DISCOVERY ORDER. Signed by Judge JEFFREY S. WHITE on 1/30/12. (jjoS, COURT STAFF) (Filed on 1/30/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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STATE COMPENSATION INSURANCE
FUND,

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No. C 09-02959 JSW

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v.
For the Northern District of California

United States District Court

Plaintiff,
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METROPOLITAN WEST SECURITIES LLC
AND WACHOVIA BANK, N.A.,

ORDER DENYING OBJECTIONS
AND AFFIRMING DISCOVERY
ORDER

Defendant.
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Now before the Court is Defendants’ Objections to Magistrate Judge Elizabeth D.

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Laporte’s Discovery Order dated December 29, 2011 (the “Discovery Order”). Having

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carefully reviewed Defendants’ papers and considered the arguments and the relevant legal

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authority, and good cause appearing, the Court hereby DENIES Defendants’ Objection and

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AFFIRMS the Discovery Order.

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The district court may modify or set aside any portion of a magistrate’s ruling on non-

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dispositive pre-trial motions found to be “clearly erroneous or contrary to law.” Fed. R. Civ. P.

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72(a); see also, e.g., Grimes v. City and County of San Francisco, 951 F.2d 236, 241 (9th Cir.

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1991). A ruling is clearly erroneous if the reviewing court, after considering the evidence, is

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left with the “definite and firm conviction that a mistake has been committed.” United States v.

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U.S. Gypsum Co., 333 U.S. 364, 395 (1948).

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After a careful review of the Discovery Order, this Court finds that the Magistrate’s
ruling was not clearly erroneous or contrary to law. Therefore, this Court DENIES Defendants’

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Objections and AFFIRMS the Discovery Order dated December 29, 2011.

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IT IS SO ORDERED.

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Dated: January 30, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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