DIXON v. LOCKE

Filing 111

ORDER denying 102 Motion for Reconsideration. Production required under Request for Production No. 18 should be completed within 30 days of the date of this order. See Order for details. Signed by Judge Sarah Evans Barker on 8/24/2012. (LBT)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
NEW ALBANY DIVISION

JEREMY DIXON,
Plaintiff,
vs.
JOHN BRYSON,
Secretary of Commerce,
Defendant.

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4:10-cv-72-SEB-WGH

ORDER DENYING
MOTION FOR RECONSIDERATION
This matter is before the court on the Motion for Reconsideration or, in the
Alternative, to Modify Order filed by Plaintiff, Jeremy Dixon, on February 21, 2012.
(Docket No. 102). Defendant’s Response to the motion was filed on March 9, 2012
(Docket No. 103), and Plaintiff’s Reply in Support was filed on March 23, 2012 (Docket
No. 107). For the reasons set for below, the court DENIES Plaintiff’s Motion for
Reconsideration.
A motion to compel discovery is a non-dispositive matter. Under FED. R. CIV. P.
72(a), a district court judge must consider timely objections and modify or set aside any
part of the order that is clearly erroneous or contrary to law.
In this case, the Magistrate Judge’s determination not to compel further responses to
Request for Production No. 11 is not clearly erroneous and contrary to law in light of the
Affidavit of Annette Kendle filed with Defendant’s Opposition to Plaintiff’s “Motion to
Compel to Discovery Response” (Docket No. 94). The Magistrate Judge has also not been

shown to be clearly erroneous or contrary to law with respect to Request for Production No.
18 when he restricted to five the number of co-workers whose personal contact information
and employee records must be forwarded to Plaintiff. As pointed out in the briefing, the
Plaintiff’s request – as drafted – included hundreds of workers and was overbroad.
Therefore, the Motion for Reconsideration is DENIED. Production required under
Request for Production No. 18 should be completed within thirty (30) days of the date of
this order.

IT IS SO ORDERED.
_______________________________

08/24/2012
Dated:________________

SARAH EVANS BARKER, JUDGE
United States District Court
Southern District of Indiana

Copies to:
JEREMY DIXON
3921-3 Armstrong Court
Jeffersonville, IN 47130
Debra G. Richards
UNITED STATES ATTORNEY’S OFFICE
[e-mail]

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