Broadwater v. Fow et al

Filing 103

ORDER DENYING Broadwater's appeal 96 from Magistrate Judge Carlson's order 95 . (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 7/17/14. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

CHRISTOPHER G. BROADWATER,
Plaintiff
v.
CHRISTIAN D. FOW, et al.,
Defendants

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CIVIL ACTION NO. 1:12-CV-1937
(Chief Judge Conner)

ORDER
AND NOW, this 17th day of July, 2014, upon consideration of plaintiff
Christopher G. Broadwater’s appeal (Doc. 96) from Magistrate Judge Martin C.
Carlson’s order (Doc. 95) dated June 3, 2014, denying plaintiff’s request to compel a
non-confidential settlement agreement in the above-captioned matter, and it
appearing that a district court judge may reconsider any pretrial matter decided by
a magistrate judge “where it has been shown that the magistrate judge’s order is
clearly erroneous or contrary to law,” 28 U.S.C. § 636(b)(1)(A); see also FED . R. CIV .
P. 72(a), and it appearing that Magistrate Judge Carlson met with the parties for the
purpose of facilitating settlement negotiations, and the court agreeing with
Magistrate Judge Carlson that the court is unable to compel either party to agree to
any specific terms in a settlement or to order either party to modify a settlement
agreement, and the court concluding that opining on the enforceability or legality of
a specific confidentiality provision in a proposed settlement agreement would be
tantamount to issuing an advisory opinion, and the court further concluding that
Magistrate Judge Carlson’s decision was not clearly erroneous or contrary to law, it

is hereby ORDERED that Broadwater’s appeal (Doc. 96) from Magistrate Judge
Carlson’s order is DENIED.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania