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Spin Master Ltd v. A Bureau Veritas Consumer Products Service

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


October 24, 2011

SPIN MASTER LTD., PLAINTIFF ,
v.
A BUREAU VERITAS CONSUMER PRODUCTS SERVICE, INC., ET AL., DEF ENDANT S.

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

ORDER

This case w as referred to M agistrate Judge H . K enneth S chroeder, pursuant to 28 U .S .C . § 636(b)(1). P laintiff filed a m otion for a protective order to prevent the enforcem ent of a subpoena issued by E urofins P roduct S afety Labs ("E urofins"), upon R onald R othstein, S pin M aster's lead attorney in this litigation and the products liability class action law suit pending in the N orthern D istrict of Illinois.

O n A ugust 24, 2011, M agistrate Judge S chroeder filed a D ecision and O rder denying the plaintiff's m otion. O n S eptem ber 7, 2011, plaintiff filed an appeal from the M agistrate Judge's D ecision and O rder. The defendant filed a response thereto on S eptem ber 22, 2011 and plaintiff filed a reply.

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

The C court has review ed the plaintiff's appeal and M agistrate Judge S chroeder's D ecision and O rder. U pon such review , the C court finds that M agistrate Judge S chroeder's D ecision and O rder is neither clearly erroneous nor contrary to law .

A ccordingly, the C court affirm s the D ecision and O rder and refers this case back to M agistrate Judge S chroeder for further proceedings.

SO ORDERED.

Richard J. Arcar a

20111024

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