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Drive Sunshine Institute v. High Performance Transportation Enterprise, 14-cv-00844-REB-KMT. (2015)

Court: District Court, D. Colorado Number: infdco20150909a15 Visitors: 12
Filed: Sep. 08, 2015
Latest Update: Sep. 08, 2015
Summary: ORDER OVERRULING PLAINTIFF'S OBJECTION TO ORDER OF THE UNITED STATES MAGISTRATE JUDGE ROBERT E. BLACKBURN , District Judge . The matter before me is the objection contained in the Motion To Vacate and Objection To Order [#110] Re Motion for Restricted Access [#91] [#113] 1 filed February 20, 2015. I overrule the objection. The objection pertains to non-dispositive matters that were referred to the magistrate judge for resolution. Pursuant to 28 U.S.C. 636(b) and Fed. R. Civ. P. 72(a),
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ORDER OVERRULING PLAINTIFF'S OBJECTION TO ORDER OF THE UNITED STATES MAGISTRATE JUDGE

The matter before me is the objection contained in the Motion To Vacate and Objection To Order [#110] Re Motion for Restricted Access [#91] [#113]1 filed February 20, 2015. I overrule the objection.

The objection pertains to non-dispositive matters that were referred to the magistrate judge for resolution. Pursuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(a), I may modify or set aside any portion of an order of a magistrate judge which I find to be clearly erroneous or contrary to law. Having reviewed the apposite motion, responses, and reply, the order of the magistrate judge, and the plaintiff's objection, I conclude that the order of the magistrate judge is not clearly erroneous or contrary to law. Therefore, I overrule the objection [#113].

The underlying motion [#91] is a motion for restricted access to a certain document filed by the plaintiffs. The plaintiffs sought a Level 2 restriction. In her order [#110], the magistrate judge cited valid reasons to grant the motion, but determined that a Level 1 restriction, rather than a Level 2 restriction, was proper.

One novel contention raised in the objection is that the magistrate judge exceeded her authority in issuing her order because the order makes a dispositive ruling on the question of the level of restricted access to be applied to a filing in this case. Citing the order of reference [#7] to the magistrate judge, the plaintiffs note that the order authorizes the magistrate judge to hear and make recommendations on dispositive matters that have been referred as defined in 28 U.S.C. § 636(b)(1)(A). The dispositive matters defined in § 636(b)(1)(A) are, in essence, motions that dispositive of a claim in a civil or criminal case, motions to suppress evidence in a criminal case, motions for injunctive relief, and motions for class certification. The motion in question here does not fall within the dispositive matters defined in § 636(b)(1)(A). Rather, the magistrate judge had full authority to address and resolve the motion for restricted access [#91].

THEREFORE, IT IS ORDERED as follows:

1. That under Fed. R. Civ. P. 72 and 28 U.S.C. § 636(b)(1)(A), the objection stated in the Motion To Vacate and Objection To Order [#110] Re Motion for Restricted Access [#91] [#113] filed February 20, 2015, is overruled; and

2. That to the extent the Motion To Vacate and Objection To Order [#110] Re Motion for Restricted Access [#91] [#113] filed February 20, 2015, can be read as a motion rather than an objection, the motion is denied.

FootNotes


1. "[#113]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's case management and electronic case filing system (CM/ECF). I use this convention throughout this order.
Source:  Leagle

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