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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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NML CAPITAL, LTD.,

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Plaintiff,

No. CV 12-80185-MISC JSW
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THE REPUBLIC OF ARGENTINA,

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Defendant.
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For the Northern District of California

United States District Court

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ORDER RE BRIEFING MOTION
FOR RELIEF FROM
NONDISPOSITIVE ORDER

v.

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Now before the Court is the motion for relief filed by Plaintiff NML Capital, Ltd. from

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Magistrate Judge James’ Order regarding their motion to compel discovery from Chevron

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Corporation. The District Court may modify or set aside any portion of a magistrate’s ruling on

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

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

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(9th Cir. 1991). A ruling is clearly erroneous if the reviewing court, after considering the

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evidence, is left with the “definite and firm conviction that a mistake has been committed.”

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

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Having carefully reviewed the motion for relief, and considered Plaintiff’s arguments,

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the Court hereby ORDERS Defendant to file a response to the objections by no later than

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March 29, 2013. Should Plaintiff wish to file a reply, it shall do so by no later than April 5,

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2013.

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IT IS SO ORDERED.
Dated: March 18, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE