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OSBORNE v. DUN & BRADSTREET

July 6, 2004.

ANTON L. OSBORNE, Plaintiff,
v.
DUN & BRADSTREET, INC., Defendant.



The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER

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. ยง 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 standard.

  Accordingly, the order appealed from is affirmed.

 
SO ORDERED.
2004 ...

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