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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 SECURITIES AND EXCHANGE COMMISSION, Plaintiff, 11 For the Northern District of California United States District Court 10 12 No. 11-mc-80214 JSW v. CMKM DIAMONDS, INC., et al., 13 ORDER DENYING OBJECTION AND MOTION REGARDING DISCOVERY ORDER Defendants. / 14 15 Now before the Court is the objection and motion for relief filed by non-parties Harold 16 P. Gewerter, Esq. and Harold P. Gewerter, Esq., Ltd. (“Gewerter”) to Magistrate Judge 17 Laporte’s Order regarding their motion to quash (the “Order”). Having carefully reviewed the 18 objections and motion, and considered Gewerter’s arguments and the relevant legal authority, 19 the Court hereby DENIES Gewerter’s objections and motion and AFFIRMS the Order. 20 The District Court may modify or set aside any portion of a magistrate’s ruling on non- 21 dispositive pre-trial motions found to be “clearly erroneous or contrary to law.” Fed. R. Civ. P. 22 72(a); see also, e.g., Grimes v. City and County of San Francisco, 951 F.2d 236, 241 (9th Cir. 23 1991). A ruling is clearly erroneous if the reviewing court, after considering the evidence, is 24 left with the “definite and firm conviction that a mistake has been committed.” United States v. 25 U.S. Gypsum Co., 333 U.S. 364, 395 (1948). 26 /// 27 /// 28 /// 1 After a careful review of the Order, this Court finds that Judge Laporte’s ruling was not 2 clearly erroneous or contrary to law. Therefore, this Court DENIES Gewerter’s objections and 3 motion for relief and AFFIRMS the Order regarding Gewerter’s motion to quash. 4 IT IS SO ORDERED. 5 6 Dated: November 15, 2011 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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