Carlson Pet Products, Inc. v. North States Industries, Inc.
Filing
129
ORDER. Based on the foregoing and on all the files, records, and proceedings herein, IT IS HEREBY ORDERED that the magistrate judge's July 22, 2019 Protective Order 86 is AFFIRMED. (Written Opinion) Signed by Judge Nancy E. Brasel on 9/19/2019. (KMW)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
CARLSON PET PRODUCTS, INC.,
Plaintiff,
v.
NORTH STATES INDUSTRIES, INC.,
Defendant.
Case No. 17‐CV‐02529 (NEB/KMM)
ORDER
This matter is before the Court on the appeal filed by plaintiff Carlson Pet
Products, Inc. (“Carlson”) [ECF No. 89] of United States Magistrate Judge Katherine M.
Menendez’s July 22, 2019 Protective Order [ECF No. 86], and particularly the imposition
of a patent prosecution bar as a part of that order. [See ECF Nos. 80, 84.]
Review of a magistrate judge’s ruling on a nondispositive issue is “extremely
deferential.” Scott v. United States, 552 F. Supp. 2d 917, 919 (D. Minn. 2008). A district
court will reverse a magistrate judge’s ruling on nondispositive pretrial matters only if it
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 record is left with the definite and firm conviction that a
mistake has been committed.” Edeh v. Equifax Info. Servs., LLC, 295 F.R.D. 219, 233 (D.
Minn. 2013) (quoting United States v. U.S. Gypsum Co., 333 U.S. 364, 395 (1948)). “A
decision is ‘contrary to law’ when it ‘fails to apply or misapplies relevant statues, case
law or rules of procedure.’” Knutson v. Blue Cross & Blue Shield of Minn., 254 F.R.D. 553,
556 (D. Minn. 2008) (quoting Transamerica Life Ins. Co. v. Lincoln Nat’l Life Ins. Co., 592
F.Supp.2d 1087, 1093 (N.D. Iowa 2008)). The Court has reviewed Carlson’s objections
thoroughly and finds nothing in Magistrate Judge Menendez’s order to be clearly
erroneous or contrary to law.
CONCLUSION
Based on the foregoing and on all the files, records, and proceedings herein, IT IS
HEREBY ORDERED that the magistrate judge’s July 22, 2019 Protective Order [ECF No.
86] is AFFIRMED.
Dated: September 19, 2019
BY THE COURT:
s/Nancy E. Brasel
Nancy E. Brasel
United States District Judge
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