United States District Court, S.D. New York
July 6, 2004.
ANTON L. OSBORNE, Plaintiff,
DUN & BRADSTREET, INC., Defendant.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
Plaintiff appeals from the order, dated June 9, 2004, of
Magistrate Judge Douglas F. Eaton, which (a) precluded plaintiff
from conducting an oral deposition of Ms. Dandridge while
permitting him to take her deposition on written questions, and
(b) determined that plaintiff had terminated his deposition of
Mr. Hanlon and declined to permit him to depose him anew.
A decision of a magistrate judge on a discovery matter must be
upheld unless it was clearly erroneous or contrary to law.
28 U.S.C. § 636(b)(1)(A); see Thomas E. Hoar, Inc. v. Sara Lee
Corp., 900 F.2d 522, 525 (2d Cir.), cert. denied,
4989 U.S. 846 (1990). Plaintiff has failed to satisfy that exacting
Accordingly, the order appealed from is affirmed.
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