Total Rx Care LLC v. Great Northern Insurance Company

Filing 172

Memorandum Opinion and Order re: 92 (Document Restricted) Great Northern's Motion to Compel the Production of Documents (Sealed pursuant to order dated 12/30/2016). The objections by Great Northern to the Magistrate Judge's Memor andum Opinion and Order granting in part and denying in part Plaintiff Total Rx Care, LLC's Motion to Stay Pending Resolution of Active Criminal Proceeding are OVERRULED. Now that the Court has ruled on Great Northern's objections, Total Rx has THIRTY (30) DAYS from the date of this Order to file a response to Great Northern's Motion to Compel (Doc. 92 ). Great Northern will then have FIVE (5) DAYS to file a reply. (Ordered by Judge Jane J. Boyle on 1/25/2019) (ndt)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
TOTAL RX CARE, LLC,
Plaintiff,
v.
GREAT NORTHERN INSURANCE
COMPANY,
Defendant.

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CIVIL ACTION NO. 3:16-CV-2965-B

MEMORANDUM OPINION AND ORDER
Before the Court is the Magistrate Judge’s Memorandum Opinion and Order granting in part
and denying in part Plaintiff Total Rx Care, LLC’s Motion to Stay Pending Resolution of Active
Criminal Proceeding. Doc. 105. Great Northern Insurance Company (“Great Northern”) has filed
objections to the order, arguing, among other things, that it implements a one-sided stay, it
implements an indefinite stay, that the Magistrate Judge erred it considering the “Private Interests”
of Total Rx, and that the six-factor balancing test does not support Total Rx sufficiently to overcome
the “Strong Presumption in Favor of Discovery.” Docs. 108 & 167. Total Rx Care, LLC (“Total Rx”)
has responded to Great Northern’s objections. Docs. 112 & 170. The objections are ripe for review.
Federal Rule of Civil Procedure 72(a) permits a district judge to set aside or modify a nondispositive pretrial order issued by a magistrate judge if the order is clearly erroneous or contrary to
law. Fed. R. Civ. P. 72(a). That means the district judge reviews the magistrate judge’s factual
findings for clear error and legal conclusions de novo. Moore v. Ford Motor Co., 755 F.3d 802, 806
(5th Cir. 2014).
Here, the Court has reviewed the thorough and lengthy opinion of the Magistrate Judge and
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finds no clear error in the factual findings and, on de novo review, no error in the legal conclusions.
Accordingly, the objections by Great Northern to the Magistrate Judge’s Memorandum Opinion and
Order granting in part and denying in part Plaintiff Total Rx Care, LLC’s Motion to Stay Pending
Resolution of Active Criminal Proceeding are OVERRULED.
Now that the Court has ruled on Great Northern’s objections, Total Rx has THIRTY (30)
DAYS from the date of this Order to file a response to Great Northern’s Motion to Compel
(Doc. 92). Great Northern will then have FIVE (5) DAYS to file a reply.

SO ORDERED.
SIGNED: January 25, 2019.
______________________________
JANE J. BOYLE
UNITED STATES DISTRICT JUDGE

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