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In Re: Beacon Associates Litigation v. Beacon Associates Management Corp. et al

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK


August 11, 2011

IN RE: BEACON ASSOCIATES LITIGATION
SOLIS, PLAINTIFF,
v.
BEACON ASSOCIATES MANAGEMENT CORP. ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sand, J.

MEMORANDUM & ORDER

Plaintiff the Secretary of Labor has petitioned the Court for review of Magistrate Judge Peck's June 28, 2011 Order requiring disclosure of documents from other Department of Labor ("DOL") investigations. When reviewing a non-dispositive pretrial ruling issued by a magistrate judge, a district court "shall modify or set aside any portion of the magistrate judge's order found to be clearly erroneous or contrary to law." Fed. R. Civ. P. 72(a). "Pursuant to this highly deferential standard of review, magistrates are afforded broad discretion in resolving discovery disputes." Aurora Loan Servs., Inc. v. Posner, Posner & Assocs., P.C., 499 F. Supp. 2d 475, 477 (S.D.N.Y. 2007) (quotation marks and citation omitted).

The Secretary appeals the Order on the grounds that (1) the disputed documents are not relevant to any party's claim or defense, and (2) that the document production would be unduly burdensome. Under Rule 26, "[p]arties may obtain discovery regarding any non-privileged matter that is relevant to any party's claim or defense." Fed. R. Civ. P. 26(b)(1). The "information need not be admissible at the trial if the discovery appears reasonably calculated to

20110811

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