Greene v. Alan Waxler Group Charter Services, LLC

Filing 131

ORDER that 123 Objections re 121 Magistrate Judge's Order is OVERRULED. Signed by Judge James C. Mahan on 5/15/13. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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ROBERT GREENE,

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2:09-CV-748 JCM (NJK)

Plaintiff,

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v.

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ALAN WAXLER GROUP CHARTER
SERVICES, LLC dba AWG CHARTER
SERVICES, et al.,

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Defendants.

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ORDER

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Presently before the court is defendants Alan Waxler Group Charter Services, LLC et al.’s

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objection to the magistrate’s order (doc. # 121) denying defendants’ motion to reopen discovery

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(doc. # 123).1 Plaintiffs Robert Greene et al. responded (doc. # 127), defendants replied (doc. # 129).

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I.

Procedural background

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This is a wage and hour suit brought on behalf of limousine drivers. Following the close of

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discovery, defendants moved to have discovery reopened. (Doc. # 108). At the motion hearing,

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Magistrate Judge Koppe denied defendants’ motion. (Doc. # 121). Defendants object to the

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magistrate’s order and request permission to conduct discovery and submit dispositive motions prior

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to filing a joint pretrial order.

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...

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...

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James C. Mahan
U.S. District Judge

The court notes that defendants filed an erratum to their motion. (See doc. # 124).

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II.

Legal standard

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Magistrate judges are authorized to resolve pretrial matters subject to district court review

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under a “clearly erroneous or contrary to law” standard. 28 U.S.C. § 636(b)(1)(A); see also FED. R.

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CIV. P. 72(a); L.R. IB 3-1(a) (“A district judge may reconsider any pretrial matter referred to a

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magistrate judge in a civil or criminal case pursuant to LR IB 1-3, where it has been shown that the

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magistrate judge’s ruling is clearly erroneous or contrary to law.”). “This subsection would also

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enable the court to delegate some of the more administrative functions to a magistrate, such as . . .

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assistance in the preparation of plans to achieve prompt disposition of cases in the court.” Gomez

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v. United States, 490 U.S. 858, 869, 109 S. Ct. 2237, 104 L. Ed. 2d 923 (1989).

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“A finding is clearly erroneous when although there is evidence to support it, the reviewing

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body on the entire evidence is left with the definite and firm conviction that a mistake has been

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committed.” United States v. Ressam, 593 F.3d 1095, 1118 (9th Cir. 2010) (quotation omitted). “An

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order is contrary to law when it fails to apply or misapplies relevant statutes, case law or rules of

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procedure.” Global Advanced Metals USA, Inc. v. Kemet Blue Powder Corp., 3:11-CV-00793-RCJ,

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2012 WL 3884939, at *3 (D. Nev. Sept. 6, 2012).

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A magistrate’s pretrial order issued under 28 U.S.C. § 636(b)(1)(A) is not subject to de novo

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review, and the reviewing court “may not simply substitute its judgment for that of the deciding

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court.” Grimes v. City & County of San Francisco, 951 F.2d 236, 241 (9th Cir. 1991).

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III.

Discussion

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Defendants object to the magistrate’s order for one reason: that their failure to conduct

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discovery amounts to excusable neglect and thus establishes good cause to reopen discovery.

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Defendants concede their failure to follow the rules; however, defendants contend that this

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deficiency was on the part of prior counsel.

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Defendants’ objection is a factual one. Defendants essentially disagree with the magistrate’s

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decision to not reopen discovery and make arguments that are substantially similar to those contained

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in their initial motion or that could have been, but were not, raised in their initial motion.

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James C. Mahan
U.S. District Judge

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However, the court is not “left with the definite and firm conviction that a mistake has been

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committed.” Ressam, 593 F.3d at 1118. Defendants admittedly failed to follow the rules and it is

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within the magistrate’s sound discretion whether to excuse these shortcomings. This court will “not

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simply substitute its judgment for that of the deciding court.” Grimes, 951 F.2d at 241 (9th Cir.

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1991). Magistrate Judge Koppe’s decision not to reopen discovery is an exercise of judgment that

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does not rise to the level of “clearly erroneous” to warrant sustaining the instant objection.

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IV.

Conclusion

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendants Alan Waxler

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Group Charter Services, LLC et al.’s objection (doc. # 123) be, and the same hereby is,

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OVERRULED.

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DATED May 15, 2013.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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