Hawkins v. County of Lincoln et al

Filing 154

MEMORANDUM AND ORDER - IT IS ORDERED: the Statement of Objections to Magistrate Judge's Order (Filing No. 151 ) filed by Defendant County of Lincoln is overruled. (Motions terminated: OBJECTION TO MAGISTRATE JUDGE'S ORDER 151 ) Ordered by Judge Laurie Smith Camp. (TEL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KARA HAWKINS, Personal
Representative of the Estate of Phillip
Hatcher, Deceased,

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Plaintiff,
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v.
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COUNTY OF LINCOLN, a Nebraska
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Political Subdivision, CITY OF NORTH
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PLATTE, NEBRASKA, a Nebraska
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Political Subdivision, GREAT PLAINS
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REGIONAL MEDICAL CENTER, a
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Nebraska corporation, and DOES 1-10,
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in their official and individual capacities, )
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Defendants.
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CASE NO. 7:10CV5001

MEMORANDUM
AND ORDER

This matter is before the Court on the Statement of Objections to Magistrate Judge’s
Order (Filing No. 151) filed by Defendant County of Lincoln (“Lincoln County”). Lincoln
County objects to certain findings and rulings in Judge Gossett’s Memorandum and Order
of April 5, 2011 (Filign No. 149). Plaintiff has responded to the list of objections by
incorporating briefs and her index of evidence already filed with the Court. For the reasons
stated below, the Objections will be overruled.
DISCUSSION
Defendant objects to the following specific findings and rulings: First, Lincoln County
objects to Judge Gossett’s determination that Lincoln County’s responses to discovery
requests were overdue when Lincoln County moved to stay discovery on August 12, 2010
(See Filing No. 149 at 11-12). Second, Lincoln County objects to the finding that the
Plaintiff only served two sets of Requests for Admissions on Lincoln County. Finally,

Lincoln County objects to Judge Gossett’s conclusion that Lincoln County was not entitled
to attorneys’ fees and discovery sanctions (See Filing No. 149 at 12-13).
Because Judge Gossett’s Memorandum and Order dealt with nondispositive
matters, Lincoln County’s objections are governed by Federal Rule of Civil Procedure
72(a). Rule 72(a) permits parties to object to a magistrate judge’s order within 14 days of
its entry. In ruling on the objections, Rule 72(a) states: “The district judge in the case must
consider timely objections and modify or set aside any part of the order that is clearly
erroneous or is contrary to law.” Thus, the objecting party bears a heavy burden to prove
error in a magistrate judge’s ruling on a nondispositive issue. After reviewing the record
and Judge Gossett’s Memorandum and Order, the Court concludes that Judge Gossett’s
findings were neither clearly erroneous nor were they contrary to law. Accordingly,
IT IS ORDERED: the Statement of Objections to Magistrate Judge’s Order (Filing
No. 151) filed by Defendant County of Lincoln is overruled.
DATED this 25th day of May, 2011.
BY THE COURT:

s/Laurie Smith Camp
United States District Judge

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