Konica Minolta Business Solutions, U.S.A., Inc. v. Applied Imaging Systems, Inc. et al

Filing 233

ORDER Overruling 219 Objections to Magistrate Judge's Order Regarding Plaintiff's Motion to Compel Mirror Images of Devices. Signed by District Judge Victoria A. Roberts. (LVer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
KONICA MINOLTA BUSINESS
SOLUTIONS U.S.A., INC.,
Plaintiff,
v.

Case No: 15-11254
Honorable Victoria A. Roberts

LOWERY CORPORATION d/b/a
APPLIED IMAGING SYSTEMS, INC., ET AL.,
Defendants.
_____________________________________/

ORDER OVERRULING OBJECTIONS TO MAGISTRATE JUDGE’S ORDER
REGARDING PLAINTIFF’S MOTION TO COMPEL MIRROR IMAGES OF DEVICES
On January 22, 2018, Magistrate Judge Elizabeth Stafford issued an Order [Doc.
217] pertaining to this described motion. Plaintiff timely objected [Doc. 219]; the
individual Defendants filed a joint response [Doc. 223].
The Magistrate Judge declined to require the Court appointed Special Master to
provide mirror images of all defendant devices in his possession to allow Plaintiff’s
forensic expert to conduct a forensic review and analysis. The Magistrate Judge also
held that after the Special Master examines the devices and reports to the Court, the
parties would be given an opportunity to revisit whether any devices should be turned
over to Plaintiff’s expert.
When a magistrate judge hears and determines a nondispositive issue such as
this one, the district judge can modify or set aside the magistrate judge’s order only if it
is “clearly erroneous or contrary to law. “Fed. R. Civ. P. 72(a); 28 U.S.C. § 636(b)(1)(A).
A factual finding is clearly erroneous when the court is “left with the definite and firm

conviction that a mistake has been committed.” Anderson v. City of Bessemer City,
N.C., 470 U.S. 564, 573 (1985).
Nothing in Magistrate Judge Stafford’s Order is clearly erroneous such that it
should be modified or set aside.
Plaintiff’s Objections are OVERRULED.
IT IS ORDERED.
s/ VICTORIA A. ROBERTS
Victoria A. Roberts
United States District Judge
Dated: 4/3/18