Aviva Sports, Inc. v. Fingerhut Direct Marketing, Inc. et al

Filing 537

ORDER re 510 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re 508 Order on Motion to Alter/Amend/Correct Other Orders.IT IS ORDERED THAT:1.The magistrate judges January 3, 2012 Order [Docket No. 508] is AFFIRMED. (Written Opinion). Signed by Judge Joan N. Ericksen on February 28, 2012. (slf)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Aviva Sports, Inc.,
Plaintiff,
v.

Civil No. 09-1091 (JNE/JSM)
ORDER

Fingerhut Direct Marketing, Inc., Menard, Inc.,
Kmart Corporation, Wal-Mart Stores, Inc., and
Manley Toys, Ltd.,
Defendant.
This case is before the Court on Defendant Manley Toys, Ltd.’s objections to an Order
issued by the Honorable Janie S. Mayeron, United States Magistrate Judge, on January 3, 2012.
In that Order, the magistrate judge granted in part Plaintiff’s Motion for Reconsideration, denied
Defendant’s Motion to Strike Pleadings, and granted in part Plaintiff’s Motion to Compel.
Defendant objected to the portion of the magistrate judge’s Order regarding Plaintiff’s Motion
for Reconsideration. Plaintiff responded. The Court has reviewed the record. Based on that
review, the Court affirms the magistrate judge’s Order because it is neither “clearly erroneous”
nor “contrary to law.” See 28 U.S.C. § 636(b)(1)(A) (2006); Fed. R. Civ. P. 72(a); D. Minn. LR
72.2(a). Therefore, IT IS ORDERED THAT:
1.

The magistrate judge’s January 3, 2012 Order [Docket No. 508] is
AFFIRMED.

Dated: February 28, 2012
s/ Joan N. Ericksen
JOAN N. ERICKSEN
United States District Judge