Enwere v. Terman Apartments, LP et al

Filing 144

ORDER OVERRULING 141 OBJECTIONS TO MAGISTRATE JUDGE'S ORDERS. Signed by Judge Jeremy Fogel on 2/9/09. (jflc3, COURT STAFF) (Filed on 2/9/2009)

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1 2 3 4 5 6 7 NOT FOR CITATION 8 **E-Filed 2/9/09** IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 CATHY ENWERE, Plaintiff, v. TERMAN APARTMENTS, LP, d/b/a G & K MANAGEMENT CO., Defendant. Case Number C 07-1239 JF (PVT) ORDER1 OVERRULING OBJECTIONS TO MAGISTRATE JUDGE'S ORDERS Plaintiff Cathy Enwere ("Plaintiff") alleges that Defendant Terman Apartments, d/b/a G & K Management Co. ("Defendant"), illegally discriminated against her in her effort to obtain federally subsidized housing. Among other things, Plaintiff claims that she suffered emotional distress damages as a result of the discrimination. On this and other grounds, Magistrate Judge Trumbull recently issued orders (1) compelling the San Mateo County Health Department to produce certain of Plaintiff's medical records pursuant to Federal Rule of Civil Procedure 37, and This disposition is not designated for publication in the official reports. C a s e No. C 07-1239 JF (PVT) O R D E R OVERRULING OBJECTIONS TO MAGISTRATE JUDGE'S ORDERS ( JF L C 3 ) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 (2) requiring Plaintiff to submit to a mental status examination pursuant to Federal Rule of Civil Procedure 35. Plaintiff now objects to those orders, primarily on the basis of a purported discovery cut-off date barring Defendant's requests. Plaintiff also argues that the orders generally are unfair. Having considered the record, the Court is satisfied that the Magistrate Judge's orders were not clearly erroneous or contrary to law. The Magistrate Judge correctly rejected Plaintiff's argument with respect to a discovery cut-off date, noting that no such date had been imposed by this Court and that Plaintiff had waived any such argument by propounding discovery requests after the purported cut-off date. The Magistrate Judge also carefully considered each of Plaintiff's substantive arguments with respect to privacy rights and evidentiary relevance. In each instance, the Magistrate Judge reached a reasoned conclusion. Accordingly, Plaintiff's objections will be overruled. IT IS SO ORDERED. DATED: 2/9/09 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 C a se No. C 07-1239 JF (PVT) O R D E R OVERRULING OBJECTIONS TO MAGISTRATE JUDGE'S ORDERS ( JF L C 3 ) JEREMY FOGEL United States District Judge 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This Order has been served electronically upon the following persons: Cesar Javier del Peral cesar.delperal@dfeh.ca.gov ewagner@swattys.com Eve Helayne Lewin Wagner , Esq James A. Scharf Laurie Beth Hiller Lindsey A. Urbina james.scharf@usdoj.gov, mimi.lam@usdoj.gov lhiller@swattys.com Lindsey.Urbina@dfeh.ca.gov, Voneciel.Gaines@dfeh.ca.gov Notice of this Order has been delivered by other means to: Cathy Enwere 1263 Madera Ave. Menlo Park, CA 94025 3 C a se No. C 07-1239 JF (PVT) O R D E R OVERRULING OBJECTIONS TO MAGISTRATE JUDGE'S ORDERS ( JF L C 3 )

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