Malone et al v. Kantner Ingredients, Inc. et al

Filing 333

MEMORANDUM AND ORDER that the plaintiffs' objections 254 and 294 are overruled. Ordered by Judge John M. Gerrard. (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
THERESA MALONE, individually
and as a derivative action on behalf of
BLUE VALLEY FOODS, INC., a
Nebraska corporation, et al.,
Plaintiffs,

4:12-CV-3190
MEMORANDUM AND ORDER

vs.
DOUGLAS KANTNER, et al.,
Defendants.
This matter is before the Court on plaintiffs' objection1 (filing 254) to the
Magistrate Judge's order (filing 251) denying plaintiffs' motion (filing 242) for
modification of scheduling order; and plaintiffs' objection (filing 294) to the
Magistrate Judge's order (filing 281) denying plaintiffs' motion to compel (filing
268). These objections will be overruled.
A district court may reconsider a Magistrate Judge's ruling on
nondispositive pretrial matters only where it has been shown that the ruling is
clearly erroneous or contrary to law. See, 28 U.S.C. § 636(b)(1)(A); Ferguson v.
U.S., 484 F.3d 1068 (8th Cir. 2007). The Court has fully reviewed the plaintiffs'
objections and the defendants' responses, the underlying motions and briefs, and
the evidence adduced before the Magistrate Judge. Being fully advised in the
premises, the Court agrees with the Magistrate Judge's ruling, and overrules
the plaintiffs' objections for the reasons explained by the Magistrate Judge in
her memoranda and orders (filings 251 and 281).
IT IS ORDERED that the plaintiffs' objections (filing 254 and 294) are
overruled.
Dated this 2nd day of September, 2015.
BY THE COURT:

John M. Gerrard
United States District Judge
Plaintiffs style this objection as an "appeal" of the magistrate's ruling. However, the Court
considers it as an objection pursuant to NECivR 72.2(a).
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