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

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18th

day