Fisher v. Winding Waters Clinic, PC et al

Filing 61

ORDER: The Court AFFIRMS Magistrate Judge Sullivan's Order 53 . Signed on 10/22/2017 by Judge Marco A. Hernandez. (See 2 page Order) (sss)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
CASSI C. FISHER as Guardian ad Litem for
X.S.F., a minor,

No. 2:15-cv-01957-SU

Plaintiff,
v.
WINDING WATERS CLINIC, PC, an Oregon
corporation; ELIZABETH POWERS, M.D.;
KEITH DeYOUNG, M.D.; and RENEE
GRANDI, M.D.,

ORDER

Defendants.
HERNANDEZ, District Judge,
On February 13, 2017, Magistrate Judge Sullivan issued an Opinion & Order (#53) in
which she denied Defendants' Motion to Compel Genetic Testing and Amended Motion to
Compel Genetic Testing. On February 23, 2017, Defendants filed objections to the Order. On
August 10, 2017, the matter was referred to me pursuant to Federal Rule of Civil Procedure
72(a).
In accordance with Rule 72(a), "[w]hen a pretrial matter not dispositive of a party's claim

1 - ORDER

or defense is referred to a magistrate judge to hear and decide, the magistrate judge must
promptly conduct the required proceedings and, when appropriate, issue a written order stating
the decision." Fed. R. Civ. P. 72(a). The standard of review for an order with objections is
"clearly erroneous" or "contrary to law." 28 U.S.C. § 636(b)(1)(A) (applying the "clearly
erroneous or contrary to law" standard of review for nondispositive motions). If a ruling on a
motion is not determinative of "a party's claim or defense," it is not dispositive and, therefore, is
not subject to de novo review as are proposed findings and recommendations for dispositive
motions under 28 U.S.C. § 636(b)(1)(B).
I have carefully considered Defendants' objections and conclude they do not provide a
basis to modify Magistrate Judge Sullivan's Order.
CONCLUSION
The Court AFFIRMS Magistrate Judge Sullivan's Order [53].
IT IS SO ORDERED.
DATED this

day of

MARCO A. HERNANDEZ
United States District Judge

2 - ORDER

, 2017.