Ewing v. Flora et al

Filing 43

ORDER Overruling 41 Plaintiff's Objection and Denying Partial Appeal. Signed by Judge Anthony J. Battaglia on 9/4/15. (All non-registered users served via U.S. Mail Service)(dlg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ANTON A. EWING,

Case No.: 14cv2925 AJB (NLS)
Plaintiff,

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ORDER OVERRULING
PLAINTIFF’S OBJECTION AND
DENYING PARTIAL APPEAL

v.
PHILIP A. FLORA (aka Phil Flora or
Philip Anthony Flora); EVERY DATA,
INC., an unknown corporation; EVERY
DATA, a fictitious business; DOES 1100; ABC CORPORATIONS 1-100;
LLC’S 1-100,

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(Doc. No. 41)

Defendants.

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Presently before the Court is Plaintiff Anton Ewing’s (“Plaintiff”) notice of partial

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appeal of the order granting in part and denying in part Defendants’ motion for a

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protective order. (Doc. No. 42.) On August 26, 2015, Magistrate Judge Stormes issued an

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order granting in part and denying in part Defendants’ motion for a protective order.

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(Doc. No. 40.) Pursuant to Federal Rule of Civil Procedure 72(a), a party may object to a

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magistrate judge’s order at which point the “district judge in the case must consider

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timely objections and modify or set aside any part of the order that is clearly erroneous or

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is contrary to law.” Fed. R. Civ. P. 72(a). Plaintiff’s only objection is that a portion of the
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14cv2925 AJB (NLS)

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order lacks legal authority. However, pursuant to Federal Rule of Civil Procedure

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26(c)(1), the Court has authority to enter protective orders and is afforded wide discretion

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in doing so. This authority includes entering a protective order specifying the terms for

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discovery and prescribing a discovery method other than the one selected by the parties.

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See Fed. R. Civ. P. 26(c)(1)(B),(C). Accordingly, Plaintiff’s objection is OVERRULED

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and the partial appeal is DENIED.

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IT IS SO ORDERED.

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Dated: September 4, 2015

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14cv2925 AJB (NLS)