(PC) Ortega v. United States of America

Good Law
United States District Court, Eastern District of CaliforniaApril 19, 20221:19-cv-00999California403 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ALBERT ORTEGA, Case No. 1:19-cv-00999-JLT-EPG (PC) Plaintiff, ORDER OVERRULING PLAINTIFF’S

OBJECTIONS TO MAGISTRATE JUDGE’S

v. ORDER AND DENYING MOTION FOR

LEAVE TO SUBMIT LATE DISCOVERY

UNITED STATES OF AMERICA, (Doc. Nos. 69 & 70) Defendant. 16 Plaintiff filed objections to the magistrate judge’s order denying plaintiff’s motion for spoliation sanctions (Doc. No. 69), along with a motion for leave to take discovery regarding the issue of spoliation sanctions (Doc. No. 70.)1 Pursuant to Federal Rule of Civil Procedure 72(a), when reviewing a magistrate judge's order, “[t]he district judge in the case must consider timely objections and modify or set aside any part of the order that is clearly erroneous or is contrary to law.” See also 28 U.S.C. § 636(b)(1)(A); Local Rule 303. Under the clearly erroneous standard of review, a district court may overturn a magistrate judge's ruling “‘only if the…

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