NML Capital, Ltd. v. The Republic of Argentina

Filing 33

ORDER RE BRIEFING MOTION FOR RELIEF FROM NONDISPOSITIVE ORDERResponses due by 3/29/2013. Replies due by 4/5/2013.. Signed by Judge Jeffrey S. White on 3/18/13. (jjoS, COURT STAFF) (Filed on 3/18/2013)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 NML CAPITAL, LTD., 8 Plaintiff, No. CV 12-80185-MISC JSW 9 THE REPUBLIC OF ARGENTINA, 11 Defendant. / For the Northern District of California United States District Court 10 ORDER RE BRIEFING MOTION FOR RELIEF FROM NONDISPOSITIVE ORDER v. 12 13 Now before the Court is the motion for relief filed by Plaintiff NML Capital, Ltd. from 14 Magistrate Judge James’ Order regarding their motion to compel discovery from Chevron 15 Corporation. The District Court may modify or set aside any portion of a magistrate’s ruling on 16 non-dispositive pre-trial motions found to be “clearly erroneous or contrary to law.” Fed. R. 17 Civ. P. 72(a); see also, e.g., Grimes v. City and County of San Francisco, 951 F.2d 236, 241 18 (9th Cir. 1991). A ruling is clearly erroneous if the reviewing court, after considering the 19 evidence, is left with the “definite and firm conviction that a mistake has been committed.” 20 United States v. U.S. Gypsum Co., 333 U.S. 364, 395 (1948). 21 Having carefully reviewed the motion for relief, and considered Plaintiff’s arguments, 22 the Court hereby ORDERS Defendant to file a response to the objections by no later than 23 March 29, 2013. Should Plaintiff wish to file a reply, it shall do so by no later than April 5, 24 2013. 25 26 27 28 IT IS SO ORDERED. Dated: March 18, 2013 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE

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