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Eugene C. Shepherd v. James Powers et al

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK


May 14, 2013

EUGENE C. SHEPHERD, PLAINTIFF,
v.
JAMES POWERS ET AL., DEFENDANTS.

The opinion of the court was delivered by: Laura Taylor Swain United States District Judge

ORDER

Defendants in this action object to Magistrate Judge Ellis' January 22, 2013, order denying their request to bifurcate discovery as to the Plaintiff's claims against the individual Defendants from those against the County.*fn1 Where, as here, a party files an objection to a magistrate judge's order on a nondispositive matter, the district judge "shall modify or set aside any portion of the . . . order found to be clearly erroneous or contrary to law." Fed. R. Civ. P. 72(a); Catskill Dev., L.L.C. v. Park Place Entm't Corp., 206 F.R.D. 78, 86 (S.D.N.Y. 2002) (order on a nondispositive matter may be reversed where it is contrary to law, and "fails to apply or misapplies relevant statutes, case law or rules of procedure"). Moreover, it is well-settled that "[a] magistrate judge's resolution of discovery disputes deserves substantial deference." Surles v. Air France, 210 F. Supp. 2d 502 (S.D.N.Y. 2002). The Court has carefully considered Defendants' arguments and finds that they have failed to meet their burden of showing that Judge Ellis' order was clearly erroneous or contrary to law. Accordingly, Defendants' Rule 72(a) motion is denied. Magistrate Judge Ellis' order is hereby affirmed. This Order resolves docket entries no. 136.

SO ORDERED.


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