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Weist v. E.I. DuPont De Nemours and Co.

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


March 30, 2007

HARRY D. WEIST AND DIANE M. WEIST, PLAINTIFFS,
v.
E.I. DUPONT DE NEMOURS AND COMPANY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Honorable Richard J. Arcara Chief Judge United States District Court

ORDER

This case was referred to Magistrate Judge H. Kenneth Schroeder, Jr., pursuant to 28 U.S.C. § 636(b). On September 7, 2006, defendant E. I. DuPont De Nemours filed a motion for a protective order pursuant to Fed. R. Civ. P. 26(c).

On October 20, 2006, Magistrate Judge Schroeder filed a Decision and Order granting defendant's motion in part. On October 25, 2006, plaintiffs filed an appeal from the Magistrate Judge's Decision and Order. The defendant filed a response on February 15, 2007. Oral argument on the appeal w as held on M arch 1, 2007.

Pursuant to 28 U .S .C . § 636(b)(1)(A ), the district court "m ay reconsider any pretrial matter under this [section] w here it has been show n that the magistrate's order is clearly erroneous or contrary to law ."

The court has review ed the government's appeal and Magistrate Judge Schroeder's Decision and Order. Upon such review and after hearing argument from counsel, the court finds that Magistrate Judge Schroeder's Decision and Order is neither clearly erroneous nor contrary to law . This C court has also conducted an in cam era review of the unredacted portions of the documents in question and agrees with the Magistrate Judge's determination that the redacted information is neither relevant to the plaintiffs' causes of action nor responsive to their discovery demands.

Accordingly, the court affirm s the Decision and Order and refers this case back to Magistrate Judge Schroeder for further proceedings.

SO ORDERED.

20070330

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