Opinion
Case No. 2:10-cv-02205-APG-NJK
12-05-2013
ALLSTATE INSURANCE COMPANY; ALLSTATE PROPERTY & CASUALTY INSURANCE COMPANY; ALLSTATE INDEMNITY COMPANY; and ALLSTATE FIRE & CASUALTY INSURANCE COMPANY, Plaintiffs, v. PETER MARIO BALLE, D.C.; SEBASTIAN P. BALLE, M.D., ARTHUR ROSSI, D.C.; RICHARD CHARETTE; ELITE ATL, LLC, ACCIDENT INJURY MEDICAL CENTER, INC.; ACCIDENT TRIAL LAWYERS, LLC; REAL TIME MARKETING, INC; EXPERT MANAGEMENT, INC.; ANDREW TAYLOR; RAMSEY AND ASSOCIATES, INC; and DENNIS RAMSEY. Defendants.
ORDER
(Defs.' Objections to Magistrate Judge Order
Granting Emergency Motion to Permit
Designation of Forensic Accountant Expert-
dkt. no. 328)
Before the Court is Defendants Accident Injury Medical Center, Inc. and Sebastian P. Balle, M.D.'s ("Defendants") Objection [Dkt. #328] to Magistrate Judge Koppe's October 10, 2013 Order [Dkt. #319] granting Plaintiffs' Emergency Motion to Permit Designation of a Forensic Accountant Expert.
A magistrate judge's order should be set aside only if it is clearly erroneous or contrary to law. Fed. R. Civ. P. 72(a); LR IB 3-1 (a); 28 U.S.C. § 636(b)(1)(A); Laxalt v. McClatchy, 602 F. Supp. 214, 216 (D. Nev. 1985). A magistrate judge's order is "clearly erroneous" if the court has "a definite and firm conviction that a mistake has been committed." See United States v. U.S. Gypsum Co., 333 U.S. 364, 395 (1948); Burdickv. Comm'r IRS, 979 F.2d 1369, 1370 (9th Cir. 1992). The magistrate judge "is afforded broad discretion, which will be overruled only if abused." Columbia Pictures, Inc. v. Bunnell, 245 F.R.D. 443, 446 (CD. Cal. 2007). The district judge "may not simply substitute its judgment" for that of the magistrate judge. Grimes v. City and County of San Francisco, 951 F.2d 236, 241 (9th Cir. 1991) (citing United States v. BNS, Inc., 858 F.2d 456, 464 (9th Cir. 1988)).
Defendants' Motion does not raise any issue or argument that creates a "definite and firm conviction that a mistake has been committed." Therefore, Defendants' Motion is denied.
IT IS SO ORDERED this 5st day of December, 2013.
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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE