American Military Partner Association et al v. Department of Homeland Security et al
Filing
24
OPINION and ORDER Denying Magistrate Judge's Order Denying 19 Order on Motion for Leave to File Opposition to 4 MOTION to Compel - Signed by District Judge Nancy G. Edmunds. (LBar)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
RYAN KARNOSKI, et al.,
Case No. 18-51013
Plaintiffs,
Honorable Nancy G. Edmunds
v.
DONALD J. TRUMP, in his official capacity
as President of the United States, et al.,
Defendants.
/
ORDER DENYING MAGISTRATE JUDGE'S ORDER [19] DENYING
GOVERNMENT'S JULY 13, 2018 MOTION FOR LEAVE TO FILE OPPOSITION TO
PLAINTIFFS' MOTION TO COMPEL [4]
This matter comes before the Court on the Government's Objection (Dkt. 20) to the
July 13, 2018 Magistrate Judge's Order (Dkt. 19) denying the Government's Motion for
Leave to File Opposition to Plaintiffs' Motion to Compel (Dkt. 4). Being fully advised in the
premises, having read the pleadings, and for the reasons set forth below, the Court
GRANTS Defendants' objection, DENIES the Magistrate Judge's order, and GRANTS
Defendants' Motion for Leave to File Opposition to Plaintiffs' Motion to Compel.
I.
STANDARD OF REVIEW
28 U.S.C. § 636(b)(1)(A) and Federal Rule of Civil Procedure 72(a) both provide that
a district judge must modify or set aside any portion of a magistrate judge's non-dispositive
pretrial order found to be "clearly erroneous or contrary to law." 28 U.S.C. §636(b)(1)(A),
Fed. R. Civ. P. 72(a); United States v. Curtis, 237 F.3d 598, 602-03 (6th Cir. 2001). The
United States Supreme Court and the Sixth Circuit Court of Appeals have stated that "a
finding is 'clearly erroneous' when although there is evidence to support it, the reviewing
court on the entire evidence is left with the definite and firm conviction that a mistake has
been committed." United States v. U.S. Gypsum Co., 333 U.S. 364, 395 (1984) (explaining
clearly erroneous standard under Rule 52(a)).
The "clearly erroneous" standard applies only to the magistrate judge's factual
findings. Visteon Global Techs. v. Garmin Int'l, Inc., 903 F. Supp. 2d 521, 524-25 (E.D.
Mich. 2012) (Borman, J.) (citations omitted). If two or more permissible views of the
evidence exists, a magistrate judge's decision cannot be "clearly erroneous." Anderson v.
City of Bessemer City, N., 470 U.S. 564, 573-74 (1985) (interpreting the clearly erroneous
standard in Rule 52(a)). The Sixth Circuit has noted that "[t]he question is not whether the
finding is the best or only conclusion that can be drawn from the evidence, or whether it is
the one which the reviewing court would draw. Rather, the test is whether there is evidence
in the record to support the lower court's finding, and whether its construction of that
evidence is a reasonable one." Heights Cmty. Cong. v. Hilltop Realty Inc., 774 F.2d 135,
140 (6th Cir. 1985).
The magistrate judge's legal conclusions are reviewed under the "contrary to law"
standard. Visteon Global Techs., 903 F. Supp. 2d at 524-25 (citations omitted). "A legal
conclusion is contrary to law when it fails to apply or misapplies relevant statutes, case law,
or rules of procedure." Robinson v. Allstate Ins. Co., No. 09-10341, 2011 WL 3111947, at
*2 (E.D. Mich. July 26, 2011) (Roberts, J.) (citation omitted).
The Court must use
independent judgment when reviewing a magistrate judge's legal conclusions. Id.
III.
ANALYSIS
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The Court agrees with the Government's first objection raised under 28 U.S.C. § 517.
This statute allows an officer of the Department of Justice ("DOJ") to intercede in pending
cases to protect its interests. "The Solicitor General, or any officer of the [DOJ], may be
sent by the Attorney General to any State or district in the United States to attend to the
interest of the United States in a suit pending in a court of the United States, or in a court
of a State, or to attend to any other interest of the United States." 28 U.S.C. § 517
The statute contains no time limitation and does not require the Court's leave. Courts
have interpreted 28 U.S.C. § 517 broadly and typically deny motions to strike such
statements of interest. See Gil v. Winn Dixie Stores, Inc., 242 F.Supp.3d 1315, 1317
(S.D.Fla. 2017); Alvery v. Gualtieri, No. 15-1861, 2016 WL 6071746, at *2 (M.D. Fla. Oct.
17, 2016); Ferrand v. Schedler, No. 11-926, 2012 WL 1247215, at *1-2 (E.D. La. April 13,
2012). United States ex rel. Prather v. Brookdale Senior Living Cmtys., Inc., 892 F.3d 822,
833 n.6 (6th Cir. 2018) ("The legislative branch has created the scheme that gives the
executive branch the ability to “attend to the interests of the United States,” 28 U.S.C. §
517, as it—not we— may choose.").
The Government cites Roeder v. Islamic Republic of Iran, 195 F.Supp.2d 140, 158
(D.D.C. 2002) in support.
In that case the plaintiffs' filed a motion to strike the
Government's motion to intervene, claiming the Government could only file an amicus
curiae. However the D.C. Circuit determined that nothing indicated that the United States
is limited to filing an amicus brief or precluded from moving to intervene pursuant to Federal
Rules of Civil Procedure 24(a).
The court stated "[t]he United States clearly has the
authority pursuant to 28 U.S.C. § 517 to move to intervene in a case should it believe that
its interest are sufficiently implicated, and has done so on countless occasions." Id. (citing
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Texas v. New Mexico, 462 U.S. 554, 562 (1983); Crater Corp. v. Lucent Technologies, Inc.,
255 F.3d 1361, 1370 (Fed.Cir. 2001)).
Here, the Government has adequately claimed to have an interest in Plaintiff's motion
to compel enforcement of its Rule 45 subpoena. Pursuant to 28 U.S.C. § 517 the
Government has statutory authority to be heard regarding Plaintiffs' motion. It appears the
Government failed to make this argument prior to the Magistrate Judge's findings which
resulted in a determination that is contrary to law. The Court corrects that now.
IV.
CONCLUSION
For the reasons stated above, the Government's objection to the magistrate
judge's order is accepted. The Court GRANTS the Government's Motion for Leave to
File Opposition to Plaintiffs' Motion to Compel.
SO ORDERED.
s/Nancy G. Edmunds
Nancy G. Edmunds
United States District Judge
Dated: September 20, 2018
I hereby certify that a copy of the foregoing document was served upon counsel of
record on September 20, 2018, by electronic and/or ordinary mail.
s/Lisa Bartlet
Case Manager
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