Exeltis USA Inc. v. First Databank, Inc.

Filing 176

ORDER by Judge Haywood S. Gilliam, Jr. DENYING 173 MOTION FOR RELIEF. (ndrS, COURT STAFF) (Filed on 7/19/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EXELTIS USA INC.,
Plaintiff,

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United States District Court
Northern District of California

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v.

Case No. 17-cv-04810-HSG
ORDER DENYING MOTION FOR
RELIEF
Re: Dkt. No. 173

FIRST DATABANK, INC.,
Defendant.

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Defendant First Databank, Inc. moved for relief from Magistrate Judge Kim’s non-

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dispositive pre-trial order, Dkt. No. 164, denying its motion to compel and granting Plaintiff

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Exeltis USA, Inc.’s motion for a protective order. See Dkt. No. 173. Exeltis did not oppose.

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A pretrial order by a magistrate judge will be reversed only if it “is clearly erroneous or

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contrary to law.” 28 U.S.C. § 636(b)(1)(A). First Databank has not proffered any new case law or

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supplied any real argument for why it believes Judge Kim’s order was clearly erroneous or

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contrary to law. To the contrary, the Court finds Judge Kim’s order to be carefully researched,

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well-reasoned, and thorough. Thus, the Court affirms the non-dispositive order because it is not

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“clearly erroneous or contrary to law.” See Grimes v. City & Cty. of S.F., 951 F.2d 236, 240 (9th

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Cir. 1991). Accordingly, First Databank’s motion for relief from Judge Kim’s non-dispositive

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pretrial order is DENIED.

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IT IS SO ORDERED.
Dated: 7/19/2019
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge