State Farm Mutual Automobile Insurance Company v. Elite Health Centers Inc. et al

Filing 396

ORDER DENYING JAYSON ROSETTS OBJECTIONS (Doc. 393) AND AFFIRMING THE MAGISTRATE JUDGES ORDER GRANTING THE ELITE DEFENDANTS MOTION TO COMPEL (Doc. 395) Signed by District Judge Avern Cohn. (MVer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

STATE FARM MUTUAL
AUTOMOBILE INS. CO.,
Case No. 16-13040
Plaintiff,
v.

HON. AVERN COHN

ELITE HEALTH CENTERS, INC., et al.,
Defendants.
__________________________________/
ORDER DENYING JAYSON ROSETT’S OBJECTIONS (Doc. 393)
AND
AFFIRMING THE MAGISTRATE JUDGE’S ORDER GRANTING THE ELITE
DEFENDANTS’ MOTION TO COMPEL (Doc. 395)
I.
This is a fraud case. All pretrial matters have been referred to the magistrate
judge. (Doc. 229) A group of defendants, identified in the record as the Elite Defendants,
filed a motion to compel the deposition of another defendant, Jayson Rosett. (Doc. 382).
On January 17, 2019, the magistrate judge held a hearing and granted the motion. An
order followed. (Doc. 395).
Before the Court are Rosett’s objections to the order (Doc. 393) to which the Elite
Defendants have responded (Doc. 394). For the reasons that follow, the objections will
be denied.
II.
When a party files timely objections to a magistrate judge's opinion and order
concerning a non-dispositive matter, the district judge “must consider [these] objections

and modify or set aside any part of the order that is clearly erroneous or is contrary to
law.” Fed. R. Civ. P. 72(a).
A district court must conduct a de novo review of the parts of a magistrate judge's
report and recommendation to which a party objects. 28 U.S.C. § 636(b)(1). The district
"court may accept, reject, or modify, in whole or in part, the findings or recommendations
made by the magistrate" judge. Id.
III.
Having reviewed the magistrate judge’s order in light of Rosett’s objections, the
Court is satisfied that the magistrate judge did not clearly err in granting the Elite
Defendants’ motion to compel. Specifically, despite Rosett’s contentions to the contrary,
the magistrate judge did consider the issue of prejudice to both sides and after careful
consideration, found that the deposition should go forward. As the magistrate judge
explained: “further delay gives little assurance that Rosett will be more willing to testify in
the future than he is at present. . . . and . . . there may be a host of subjects which the
Elite Defendants wish to explore with Rosset in deposition at this time for which he does
not (or cannot in good faith) assert the Fifth Amendment.” (Doc. 385 at p. 3).
Accordingly, Rosett’s objections to the magistrate judge’s order is DENIED. The
magistrate judge’s order is AFFIRMED.
SO ORDERED.

S/Avern Cohn
AVERN COHN
UNITED STATES DISTRICT JUDGE
Dated: 1/18/2019
Detroit, Michigan

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