Public Record Media, LLC v. U.S. Department of Justice

Filing 40

ORDER. IT IS HEREBY ORDERED: 1. Chief United States Magistrate Judge Arthur J. Boylan's January 29, 2013 Order 29 is AFFIRMED. 2. Defendant's objections to that Order 33 are OVERRULED. (Written Opinion). Signed by Chief Judge Michael J. Davis on 5/7/13. (GRR)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

PUBLIC RECORD MEDIA, LLC,
Plaintiff,

v.

ORDER
Civil File No. 12-1225 (MJD/AJB)

U.S. DEPARTMENT OF JUSTICE,
Defendant.
Jonathan T. Haines, Counsel for Plaintiff.
Amy E. Powell and Judson O. Littleton, U.S. Department of Justice, and Bahram
Samie, Assistant United States Attorney, Counsel for Defendant.
The above-entitled matter comes before the Court on Defendant’s
objections to Chief Magistrate Judge Arthur J. Boylan’s January 29, 2103 Order
awarding Plaintiff $7,500 in attorney’s fees and $350 in costs. In Plaintiff’s
response to Defendant’s timely objections to the Chief Magistrate Judge’s Order,
Plaintiff also objected to the amount of the fee award and requested a higher fee
award. However, a party objecting to a Magistrate Judge’s order must file its
objection within 14 days after service of that order, unless a different time is
prescribed by the Magistrate Judge or District Judge. “[A] party may not
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thereafter assign as error a defect in the Magistrate Judge’s order to which
objection was not timely made.” Local Rule 72.2(a). No different time was
prescribed in this case, and Plaintiff filed its “objection,” buried within its
response to Defendant’s objection, on February 25, 2013, more than 14 days after
service of the order. Therefore, Plaintiff’s objection is untimely, no explanation is
given for this untimeliness, and Plaintiff’s objection to the amount of the fee
award is disregarded.
As to Defendant’s objections, this Court will reverse a magistrate judge’s
order on a nondispositive issue if it is clearly erroneous or contrary to law. 28
U.S.C. § 636(b)(1)(A); D. Minn. L.R. 72.2(a). The Court has reviewed the
submissions and the record in this case and concludes that Chief Magistrate
Judge Boylan’s January 29, 2013 Order is neither clearly erroneous nor contrary
to law. Therefore, the Order is affirmed.

Accordingly, based upon the files, records, and proceedings herein, IT IS
HEREBY ORDERED:
1.

Chief United States Magistrate Judge Arthur J. Boylan’s January 29,
2013 Order [Docket No. 29] is AFFIRMED.

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2.

Defendant’s objections to that Order [Docket No. 33] are
OVERRULED.

Dated: May 7, 2013

s/ Michael J. Davis
Michael J. Davis
Chief Judge
United States District Court

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