Hoa v. Cate et al

Filing 107

ORDER by Judge Edward M. Chen denying 105 Plaintiff's Motion for Relief from Nondispositive Pretrial Order of Magistrate Judge (emclc1, COURT STAFF) (Filed on 9/16/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PAUL HOA,

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Plaintiff,

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v.

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For the Northern District of California

United States District Court

No. C-12-2078 EMC

MATHEW CATE, et al.,

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Defendants.
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ORDER DENYING PLAINTIFF’S
MOTION FOR RELIEF FROM NONDISPOSITIVE PRETRIAL ORDER OF
MAGISTRATE JUDGE
(Docket No. 105)

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Currently pending before the Court is Plaintiff Paul Hoa’s motion for relief from a discovery

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order issued by Judge Cousins. See Docket No. 99 (order). Having considered the motion, as well

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as all other evidence of record, the Court hereby DENIES the motion. See Civ. L.R. 72-2

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(providing that a motion may be denied without ordering a response).

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Under federal law, “[a] non-dispositve order entered by a magistrate [judge] must be deferred

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to unless it is ‘clearly erroneous or contrary to law.’” Grimes v. City & County of San Francisco,

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951 F.2d 236, 241 (9th Cir. 1991). When a district court reviews a magistrate judge’s order, it “may

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not simply substitute its judgment for that of the [magistrate judge].” Id.

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Here, Mr. Hoa does not claim that Judge Cousins acted contrary to law; rather, he has argued

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that Judge Cousins committed clear error. Mr. Hoa, however, has not met this standard. In addition

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to the reasons articulated by Judge Cousins, the Court also finds a deposition of Mr. Alioto

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unjustified given the lack of any evidence from which it could be inferred that Mr. Alioto acted with,

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e.g., deliberate indifference as opposed to mere negligence. See Starr v. Baca, 652 F.3d 1202, 1205-

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06 (9th Cir. 2011).

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This order disposes of Docket No. 105.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: September 16, 2013

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_________________________
EDWARD M. CHEN
United States District Judge

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