Securities And Exchange Commission v. CMKM Diamonds, Inc. et al

Filing 20

ORDER DENYING OBJECTION AND MOTION REGARDING DISCOVERY ORDER. Signed by Judge Jeffrey S. White on 11/15/11. (jjoS, COURT STAFF) (Filed on 11/15/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,

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For the Northern District of California

United States District Court

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No. 11-mc-80214 JSW

v.
CMKM DIAMONDS, INC., et al.,

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ORDER DENYING OBJECTION
AND MOTION REGARDING
DISCOVERY ORDER

Defendants.
/

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Now before the Court is the objection and motion for relief filed by non-parties Harold

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P. Gewerter, Esq. and Harold P. Gewerter, Esq., Ltd. (“Gewerter”) to Magistrate Judge

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Laporte’s Order regarding their motion to quash (the “Order”). Having carefully reviewed the

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objections and motion, and considered Gewerter’s arguments and the relevant legal authority,

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the Court hereby DENIES Gewerter’s objections and motion and AFFIRMS the 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 Order, this Court finds that Judge Laporte’s ruling was not

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clearly erroneous or contrary to law. Therefore, this Court DENIES Gewerter’s objections and

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motion for relief and AFFIRMS the Order regarding Gewerter’s motion to quash.

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IT IS SO ORDERED.

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Dated: November 15, 2011
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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