Anwar et al v. Fairfield Greenwich Limited et al

Filing 1063

DECISION AND ORDER: Accordingly, for substantially the reasons set forth in the Order the Court adopts the Order in its entirety. For the reasons discussed above, it is hereby ORDERED that the Order of Magistrate Judge Frank Maas dated February 15, 2013 (Docket No. 1045) is adopted in its entirety, and the objections (Docket No. 1051) of plaintiffs are DENIED (Signed by Judge Victor Marrero on 3/1/2013) (js)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

----x

PASHA S. ANWAR, et al.{
09 Civ. 0118 (VM)
Plaintiffs,
DECISION AND ORDER

against

===========.

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FAIRFIELD GREENWICH GROUP { et al.

",/l:S:DC

srJ.'i Y

1l)t)CU~lENT

I

Defendants.

I.

~

BACKGROUND

By Order dated February 15{ 2013, Magistrate Judge Frank
Maas{ to whom this matter had been referred

supervision of

pretrial proceedings, issued an Order (the "Order{" Docket No.
1045) directing that if plaintiffs have any additional expert
opinions they wish to offer beyond those already expressed in
their initial reports they should convey such opinions in a
further

rebuttal

or

risk

being

precluded

from

presenting that testimony. Plaintiffs filed timely obj ections
to the Order.

The Standard Chartered Bank Defendants have

responded to the pI

iffs'

objections.

For the reasons

stated below{ the Court adopts the Order in entirety.

II.

STANDARD OF REVIEW

A district court evaluating a Magistrate Judge's order
with respect to a matter not dispositive of a claim or defense
may adopt the magistrate judge's findings and conclusions as
long as the factual and legal bases supporting the ruling are
See 28 U. S. C.

not clearly erroneous or contrary to law.
636 (b) (1) (A)
140,

149

rulings

should

be

Inc. v.

The

magistrate

afforded
So,

Thomas v. Arn, 474 U.S.

i

judge' s

substantial

748 F.

Supp.

non-dispositive

deference.

2d 244,

248

See

(S.D.N.Y.

A district judge, after considering any objections by

the parties,
part,

Fed. R. Civ. P. 72 (a)

(1985).

R.F.M.A.S.,
2010).

i

§

may accept, set aside, or modify, in whole or in

the findings conclusions of the magistrate judge with

regard to such matters.

See Fed. R. Civ. P. 72(a)

i

see also

DeLuca v. Lord, 858 F. Supp. 1330, 1345 (S.D.N.Y. 1994).
III.

DISCUSSION

Having conducted a review of the record of the matter
before the Court,

including the parties'

respective papers

submitted in connection with this proceeding, as well as the
Order and applicable legal authorities,

the Court concludes

that the findings and reasoning of the Order are not clearly
erroneous

or

contrary

to

law
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and

are

thus

warranted.

Accordingly,

for substantially the reasons set forth in the

Order the Court adopts the Order in its entirety.
IV. ORDER

For the reasons discussed above, it is hereby
ORDERED that the Order of Magistrate Judge Frank Maas

dated February 15, 2013

(Docket No. 1045) is adopted in its

entirety, and the objections (Docket No. 1051) of plaintiffs
are DENIED.

SO ORDERED.

Dated:

NEW YORK, NEW YORK
1 March 2013

Victor Marrero
U.S.D.J.

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