Ford v. H Unit Five et al

Filing 38

CORRECTED ORDER AND MEMORANDUM DECISION denying 29 Objection to Magistrate Judge Decision to District Court re 28 Order on Motion to Compel (corrects 34 Order). Signed by Judge Tena Campbell on 5/30/17 (alt)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH

CENTRAL DIVISION

CAROLYN FORD, an individual,
Plaintiff,

vs.

H UNIT FIVE, INC, Utah Corporation
d/b/a GOOD EARTH NATURAL
FOODS; T. HUMPHREY FAMILY
LIMITED PARTNERSHIP, a Utah
limited partnership, and John Does IX, XYZ corporations and/or limited
liability companies I-X.

CORRECTED ORDER AND
MEMORANDUM DECISION
DENYING OBJECTION

Case No. 2:16-cv-780

Judge Tena Campbell

Defendants.

On March 29, 2017, United States Magistrate Judge Warner denied
Plaintiff Carolyn Ford’s motion to compel an inspection of Defendants’ property. 1
Ms. Ford objected to Judge Warner’s order.

1

This is a corrected version of the order entered on May 18, 2017. That order referred to Judge
Warner’s order by the wrong date. This corrected version resolves that inaccuracy.

Rule 72(a) of the Federal Rules of Civil Procedure requires a district court
to “modify or set aside” a magistrate judge’s nondispositive order “that is clearly
erroneous or is contrary to law.” Under this standard, the court must affirm the
magistrate judge’s order unless the court “‘is left with the definite and firm
conviction that a mistake has been committed.’” Ocelot Oil Corp. v. Sparrow
Indust., 847 F.2d 1458, 1464 (10th Cir. 1988) (quoting United States v. United
States Gypsum Co., 333 U.S. 364, 395 (1948).
The court has reviewed the March 29, 2017, order, the briefing on Ms.
Ford’s objection, and the relevant caselaw. The court does not find the order to
be clearly erroneous or contrary to law. As a result, the court DENIES Ms.
Ford’s objection (ECF No. 29).

DATED this 30th day of May, 2017.
BY THE COURT:

TENA CAMPBELL
U.S. District Court Judge

2