Opinion
Case No. C-2-05-0880.
April 11, 2007
ORDER
Magistrate Judge Kemp issued an order on June 26, 2006 (Doc. 15), granting Defendant's Motion to Compel (Doc. 9) and granting Plaintiff's Motion to Compel (Doc. 10). Defendant Honda of America Mfg., Inc. ("Honda") filed Objections to the Magistrate's Order on July 11, 2006 (Doc. 16). Plaintiff Jennifer Moody filed her response to Defendant's objections on July 25, 2006 (Doc. 18).
Defendant Honda objects to the portion of the Magistrate's Order that declines to compel Plaintiff to execute medical release forms that would authorize Honda to obtain medical records directly from Plaintiff's health care providers. Defendant argues that the Magistrate's Order establishes a process that allows Plaintiff to make a selective production of her medical records. Further, Honda objects to the Magistrate's Order limiting Honda's request for medical documents to the time period of January 1, 2004 to the present. Plaintiff has responded to Defendant's objections and argues that the Magistrate's Order is not clearly erroneous or contrary to law.
The Court has reviewed the Magistrate Judge's Order in light of Defendant's Objections, and finds that the Magistrate Judge's decision is neither clearly erroneous, nor contrary to the law. Further, the Court finds that Plaintiff's counsel and the Magistrate Judge are knowledgeable in both the law and the Federal Rules of Civil Procedure to ensure that all discovery due Defendant is produced and Plaintiff's confidential and irrelevant medical documents are protected. See 28 U.S.C. § 636(b)(1)(A); Fed.R.Civ. 72(a). The Court therefore AFFIRMS the Magistrate Judge's June 26, 2006 Order.
The parties also filed a Joint Motion to Stay (Doc. 19), while awaiting a decision on the objections. The Magistrate granted that Motion (Doc. 20). In light of the aforementioned ruling, the stay in this case shall be removed and the case shall return to the Court's pending cases list.
The Clerk shall remove Doc. 16 from the Court's pending motions list.