DEEP DOWN INC v. SUB SEA RECOVERY LLC et al

Filing 42

ORDER affirming the Magistrate Judge's Decision and Order and granting 39 Appeal from Magistrate Judge Decision to District Court insofar as it seeks to strike Defendants' jury demand and is DEEMED MOOT insofar as Plaintiff seeks to remove the case from the court's jury trial list, that action having already been taken. By JUDGE GEORGE Z. SINGAL. (MSH)

UNITED STATES DISTRICT COURT
District of Maine

DEEP DOWN, INC.,
Plaintiff
v.
SUB SEA RECOVERY, LLC, d/b/a
SUB SEA RESEARCH, LLC, et al.,
Defendants

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No. 2:13-cv-209-GZS

ORDER AFFIRMING THE MAGISTRATE JUDGE’S
MEMORANDUM DECISION AND ORDER

The United States Magistrate Judge filed with the Court on May, 21, 2014, his Memorandum
Decision and Order (ECF No. 38). Defendants filed their Appeal of the Magistrate Judge’s
Memorandum Decision and Order (ECF No. 39) on June 4, 2014. Plaintiff filed its Response to
Defendants’ Appeal of the Magistrate Judge’s Memorandum Decision and Order (ECF No. 41) on
June 23, 2014.
I have reviewed and considered the Magistrate Judge's Memorandum Decision and Order,
together with the entire record; I concur that the Motion to Strike is non-dispositive and, thus, is
subject to review in accordance with 28 U.S.C. § 636(b)(1)(A) and Federal Rule of Civil Procedure
72(a). Pursuant to this standard, I find the decision is neither clearly erroneous nor contrary to law.
I note that under a de novo review of all matters adjudicated by the Magistrate Judge's Memorandum
Decision and Order, I would likewise concur with the recommendations of the United States
Magistrate Judge for the reasons set forth in his Memorandum Decision and Order, and determine
that no further proceeding is necessary.

1.

It is therefore ORDERED that the Memorandum Decision and Order of the
Magistrate Judge is hereby AFFIRMED.

2.

It is hereby ORDERED that Plaintiff’s Motion to Strike (ECF No. 29) is
GRANTED insofar as it seeks to strike Defendants’ jury demand, and is DEEMED
MOOT insofar as Plaintiff seeks to remove this case from the court’s jury trial list,
that action having already been taken.

3.

It is hereby ORDERED that the Clerk is hereby directed to convene a further status
teleconference with counsel following entry of this Order to determine the process by
which this matter will be set for a bench trial.
/s/ George Z. Singal
United States District Judge

Dated this 7th day of July, 2014.