Pollington v. G4S Secure Solutions (USA), Inc. et al

Filing 29

ORDER OVERRULING 25 Objections to Magistrate Judge's Order; and Denying 26 MOTION to Stay, Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DENISE POLLINGTON,
Plaintiff,
Case No. 16-10812
v.
Hon. John Corbett O’Meara
G4S SECURE SOLUTIONS (USA),
INC., and KEVIN BAKER,
Defendant.
______________________________/
ORDER OVERRULING DEFENDANT’S OBJECTIONS
TO MAGISTRATE’S NOVEMBER 21, 2016 ORDER
Before the court are Defendant’s timely objections to Magistrate Judge
David R. Grand’s November 21, 2016 order granting in part and denying in part
Plaintiff’s motion to compel. See Fed. R. Civ. P. 72(a). Defendant has also filed a
motion to stay the November 21, 2016 order.
The court may modify or set aside any portion of the magistrate judge’s
order that is “clearly erroneous or contrary to law.” 28 U.S.C. § 636(b)(1)(A). See
also Fed. R. Civ. P. 72(a). “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.” Anderson v. City
of Bessemer City, 470 U.S. 564, 573 (1985) (quoting United States v. U. S.

Gypsum Co., 333 U.S. 364, 395 (1948)). The court may not disturb the
magistrate’s factual findings “even though convinced that had it been sitting as the
trier of fact, it would have weighed the evidence differently.” Id. The court allows
the magistrate’s legal conclusions to stand unless they are “contrary to law.”
Gandee v. Glaser, 785 F. Supp. 684, 686 (S.D. Ohio 1992) aff’d, 19 F.3d 1432 (6th
Cir. 1994).
Having reviewed the record and Defendant’s objections, the court finds that
Magistrate Judge Grand’s November 21, 2016 order is neither clearly erroneous
nor contrary to law.
Accordingly, IT IS HEREBY ORDERED that Defendant’s objections
(Docket No. 25) are OVERRULED.
IT IS FURTHER ORDERED that Defendant’s motion to stay (Docket No.
26) is DENIED.
s/John Corbett O’Meara
United States District Judge
Date: December 13, 2016

I hereby certify that a copy of the foregoing document was served upon counsel of record
on this date, December 13, 2016, using the ECF system.

s/William Barkholz
Case Manager

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