Johnson et al v. Evangelical Lutheran Church in America, The et al
Filing
208
ORDER. IT IS HEREBY ORDERED that: 1.Magistrate Judge Leo I. Brisbois's September 5, 2012 Order 168 is AFFIRMED. 2. Defendant's objections 180 are DENIED.(Written Opinion). Signed by Chief Judge Michael J. Davis on 11/29/12. (GRR)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
PASTOR BENJAMIN A. JOHNSON, DR.
RONALD A. LUNDEEN, and PASTOR
ARTHUR F. HAIMERL on behalf of
themselves and all other similarly situated,
Plaintiffs,
v.
ORDER
Civil No. 11-00023 (MJD/LIB)
EVANGELICAL LUTHERAN CHURCH
IN AMERICA, and THE BOARD OF
PENSIONS OF THE EVANGELICAL
LUTHERAN CHURCH IN AMERICA,
Defendants.
Scott W. Carlson, Vincent J. Esades, and Katherine T. Kelly, Heins Mills & Olson,
P.L.C.; Daniel R. Karon, Laura K. Mummert, Brian D. Penny, and Paul J. Scarlato,
Goldman Scarlato & Karon, P.C.; Jackson D. Bigham and Brian M. Sund,
Morrison Fenske & Sund, P.A., John S. Chapman, John S. Chapman & Associates,
L.L.C., Counsel for Plaintiffs.
Nicole A. Diller, Charles C. Jackson, S. Bradley Perkins, Alison B. Willard,
Morgan Lewis & Bockius L.L.P.; and Thomas S. Fraser, Lousene M. Hoppe,
Nicole M. Moen, Fredrikson & Byron, P.A., Counsel for Defendants.
The above-entitled matter comes before the Court on Defendant’s
objections to Magistrate Judge Leo I. Brisbois’s September 5, 2012 Order granting
Plaintiff’s Motion to Compel [Docket No. 141] documents withheld on the basis
of attorney-client privilege and/or the attorney work product doctrine. The
Court has carefully considered the entire record in this matter and concludes that
oral argument is unnecessary.
This Court will reverse a Magistrate Judge’s order on a nondispositive
issue only if that order is clearly erroneous or contrary to law. 28 U.S.C.
§ 636(b)(1)(A); D. Minn. L.R. 72.2(a). This Court has reviewed the submissions
and the record in this case and concludes that Magistrate Judge Brisbois’s
September 5, 2012 Order is neither clearly erroneous nor contrary to law.
Therefore, the September 5, 2012 Order is affirmed.
Accordingly, based upon the files, records, and proceedings, herein, IT IS
HEREBY ORDERED that:
1. Magistrate Judge Leo I. Brisbois’s September 5, 2012 Order [Docket No.
168] is AFFIRMED.
2. Defendant’s objections [Docket No. 168] are DENIED.
Dated: November 29, 2012
s/ Michael J. Davis
Michael J. Davis
Chief Judge
United States District Court
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