United States District Court, W.D. New York
June 8, 2005.
H&H METAL SPECIALTY, INC.
ALLEGHENY COUPLING CO. and ALLEGHENY VALVE CO., Defendants.
The opinion of the court was delivered by: WILLIAM SKRETNY, District Judge
1. On April 5, 2004, this Court referred this matter to the
Honorable Leslie G. Foschio, United States Magistrate Judge, for
all pretrial matters pursuant to 28 U.S.C. § 636(b)(1).
2. On November 5, 2004, Plaintiff filed a Motion to Amend/Correct the
Complaint and for Remand. On December 23, 2004, Defendants filed a Motion to
Compel Discovery. On January 19, 2005, Plaintiffs filed a Cross-Motion to
Compel and Extend Discovery.
3. On February 2, 2005, Judge Foschio filed a Decision and
Order denying Plaintiff's Motion to Amend/Correct the Complaint
and for Remand, granting Defendants' Motion to Compel Discovery,
and denying Plaintiff's Motion to Compel and Extend Discovery.
4. On February 16, 2005, Plaintiff filed Objections to Judge
Foschio's Decision and Order. Defendants responded in opposition
to Plaintiff's Objections on April 6, 2005. Plaintiff filed a
reply on April 15, 2005.
5. Pursuant to 28 U.S.C. § 636(b)(1)(A), a magistrate judge
may, with certain exceptions, hear and determine any pretrial
matter pending before the court. The magistrate judge's order on such a pretrial matter will be
reconsidered by the district judge only when it has been
established that it is clearly erroneous or contrary to law.
See 28 U.S.C. § 636(b)(1)(A). As such, this Court will set
aside or modify Judge Foschio's Decision and Order in this case
only if it finds that the Decision and Order is clearly erroneous
or contrary to law.
6. Clearly Plaintiff disagrees with Judge Foschio's rulings,
but this alone does not serve as cause to disturb the Decision
and Order. Plaintiff has not established that Judge Foschio's
Decision and Order is clearly erroneous or contrary to law.
Accordingly, this Court will deny Plaintiff's Objections.
IT HEREBY IS ORDERED, that Plaintiff's Objections to Judge Foschio's
February 2, 2005 Decision and Order (Docket No. 31) are DENIED.
FURTHER, that Judge Foschio's February 2, 2005 Decision and
Order (Docket No. 31) is AFFIRMED in its entirety.
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