Bufkin v. Scottrade, Incorporated et al
Filing
57
OPINION AND ORDER denying 56 Motion to Strike. Signed by Judge John E. Steele on 12/18/2017. (RKR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MICHAEL EDWARD BUFKIN,
Plaintiff,
v.
Case No:
2:17-cv-281-FtM-29CM
SCOTTRADE,
INCORPORATED,
JACOB J. LEW, Secretary, the
Department of the Treasury,
TIMOTHY F. GEITHNER, JOHN
KOSKINEN, Commr, Internal
Revenue
Service,
DOUGLAS
SHULMAN,
Commr,
Internal
Revenue Service, STEVEN T.
MILLER,
Acting
Commr,
Internal Revenue Service,
DANIEL WERFEL, Acting Commr,
Internal Revenue Service,
WILLIAM J. WILKINS, Chief
Counsel, Internal Revenue
Service,
C.D.
BAILEY,
Revenue Officer, Internal
Revenue
Service,
CALVIN
BYRD,
Revenue
Officer,
Internal Revenue Service,
officially and individually,
and
UNITED
STATES
OF
AMERICA,
Defendants.
OPINION AND ORDER
This matter comes before the Court on plaintiff's Motion to
Strike (Doc. #56) filed on December 12, 2017.
Plaintiff seeks to
strike the Magistrate Judge’s November 27, 2017 Order (Doc. #54)
because he argues that he did not consent to the Magistrate Judge’s
authority in the case.
For the reasons stated below, the motion
will be denied.
The
Court
will
treat
the
motion
as
an
appeal
Magistrate Judge’s November 27, 2017, Order (Doc. #54).
from
the
In that
Order, the Magistrate Judge granted defendants’ request for a stay
of discovery, stayed discovery pending resolution of the pending
dispositive motions, and denied plaintiff’s request for limited
jurisdictional discovery.
This is a pretrial matter that is not
dispositive to the case.
A magistrate judge’s powers and jurisdiction are provided in
28 U.S.C. § 636.
Pursuant to 28 U.S.C. § 636(b)(1)(A), the Court
may designate a Magistrate Judge to hear and determine any pretrial
matter, and thereafter reconsider or review the pretrial matter if
“shown that the magistrate judge’s order is clearly erroneous or
contrary to law.”
See also Fed. R. Civ. P. 72 (providing that a
party may file objections to the order within 14 days of its
service).
“A magistrate judge may be assigned such additional
duties as are not inconsistent with the Constitution and laws of
the United States.”
28 U.S.C. § 636(b)(3).
The Court finds that the magistrate judge had the authority
to issue the Order to stay discovery, and further that it was not
clearly erroneous or contrary to law to do so.
Accordingly, it is now
ORDERED:
- 2 -
Plaintiff's Motion to Strike (Doc. #56) is DENIED.
DONE and ORDERED at Fort Myers, Florida, this
of December, 2017.
Copies:
Plaintiff
Counsel of Record
- 3 -
18th
day
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?