Equal Employment Opportunity Commission v. Sterling Jewelers, Inc.

Filing 170

ORDER affirming Magistrate Judge McCarthy;s Decision and Order and denying the parties' objections thereto. Signed by Hon. Richard J. Arcara on 4/25/2011. (JMB)

UNITED STATES DISTRICT COURT
W ESTERN DISTRICT OF NEW YORK

EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,
Plaintiff,
v.

ORDER
08-CV-706A

STERLING JEW ELERS INC.,
Defendant.

This case was referred to Magistrate Judge Jeremiah J. McCarthy (Dkt. No.
139), pursuant to 28 U.S.C. § 636(b)(1)(A). On April 30, 2010, plaintiff filed a
motion for a protective order and on June 8, 2010 arbitration claimants filed a
motion to intervene.
On July 15, 2010, Magistrate Judge McCarthy filed a Decision and Order,
granting in part and denying in part plaintiff's motion for a protective order and
granting the arbitration claimants' motion to intervene. Both plaintiff and
defendant filed objections to the Decision and Order and responses to the
respective objections. The Court heard oral argument on October 19, 2010.
Pursuant to 28 U.S.C. § 636(b)(1)(A), the district court "may reconsider any
pretrial matter under this [section] where it has been shown that the magistrate's
order is clearly erroneous or contrary to law." The Court has reviewed the
parties' objections and Magistrate Judge McCarthy's Decision and Order. Upon

such review and after hearing argument from counsel, the Court finds that
Magistrate Judge McCarthy's Decision and Order is neither clearly erroneous nor
contrary to law.
Accordingly, the Court affirms the Decision and Order and denies the
parties' objections (Dkt. Nos. 144, 146 and 148) to that Decision and Order.

SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT JUDGE
DATED: APRIL 25, 2011

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