Belyakov v. Henry M. Jackson Foundation
MEMORANDUM AND ORDER OVERRULING 37 Plaintiff's objection to the court's order dated August 28, 2015 (c/m to Plaintiff 10/14/15 sat). Signed by Judge Deborah K. Chasanow on 10/14/2015. (sat, Chambers)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
Civil Action No. DKC 13-3656
HENRY M. JACKSON FOUNDATION
MEMORANDUM OPINION AND ORDER
Pending before the court is an objection filed by Plaintiff
Igor Belyakov, to a discovery ruling issued by United States
Magistrate Judge Charles B. Day on August 28, 2015.
As I recently noted:
Under 28 U.S.C. § 636(b)(1), non-dispositive
pretrial matters may be referred to a
A district judge may modify
or set aside any portion of a magistrate
judge’s non-dispositive ruling “where it has
been shown that the magistrate judge’s order
is clearly erroneous or contrary to law.”
Id.; see also Fed.R.Civ.P. 72(a); Local Rule
“The [district] judge may also
receive further evidence or recommit the
28 U.S.C. § 636(b)(1)(C).
The “clearly erroneous” standard applies to
factual findings, while legal conclusions
will be rejected if they are “contrary to
MMI Prods. v. Long, 231 F.R.D. 215,
erroneous standard, the reviewing court is
not to ask whether the finding is the best
or only conclusion permissible based on the
Nor is it to substitute its own
conclusions for that of the magistrate
See Tri–Star Airlines, Inc. v.
Willis Careen Corp., 75 F.Supp.2d 835, 839
Rather, the court is only
required to determine whether the magistrate
supported by the evidence. Id. “It is not
the function of objections to discovery
rulings to allow wholesale relitigation of
issues resolved by the magistrate judge.”
Buchanan v. Consol. Stores Corp., 206 F.R.D.
123 (D.Md.2002); Int'l Ass'n of Machinists &
Aerospace Workers v. Werner–Masuda, 390
F.Supp.2d 479, 486 (D.Md.2005).
Sky Angel U.S., LLC v. Discovery Commc'ns, LLC, 28 F. Supp. 3d
465, 479-80 (D. Md. 2014).
Even though Plaintiff has not stated
precisely why he objects to the ruling, I have reviewed Judge
Day’s ruling along with Plaintiff’s motion to compel and find no
clearly erroneous factual findings nor erroneous legal rulings.
Accordingly, the objections are OVERRULED.
Accordingly, it is this 14th day of October, 2015, by the
Memorandum Opinion and Order to Plaintiff and counsel for the
DEBORAH K. CHASANOW
United States District Judge
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