Northwest Airlines Inc. v. Aeroservice Inc.

Full title: Northwest Airlines Inc., Plaintiff, v. Aeroservice Inc., Defendant

Court: United States District Court, D. Minnesota

Date published: Aug 9, 2001

Civil No. 00-1933 (DWF/FLN) (D. Minn. Aug. 9, 2001)

Opinion

Civil No. 00-1933 (DWF/FLN)

August 9, 2001

Jeffrey A. Eyres, Esq., and David R. Crosby, Esq., Leonard Street and Deinard, Minneapolis, MN, Attorneys for Plaintiff.

Timothy R. Schupp, Esq., Gartner, Bennett Schupp, Minneapolis, MN and Maurice Baumgarten, Esq., Anania Bandklayder Blackwell Baumgarten Torricella, Miami, FL, Attorneys for Defendant.

ORDER

Donovan W. Frank, United States District Judge

This matter is before the Court upon Defendant Aeroservice Inc.'s appeal of United States Magistrate Judge Franklin L. Noel's order dated June 26, 2001, denying Defendant and Counter-Claimant Aeroservice Inc.'s motion for leave to file a second amended answer, affinnative defenses and counter-claim. The Court must modify or set aside any portion of the Magistrate Judge's order found to be clearly erroneous or contrary to law. See 28 U.S.C. § 636(b)(1)(A); Fed.R.Civ.P. 72(a); Local Rule 72.1(b)(2). This is an "extremely deferential standard." Reko v. Creative Promotions, Inc., 70 F. Supp.2d 1005, 1007 (D. Minn. 1999).

Based upon the record before the Court, including the submissions of the parties, the Court finds that Magistrate Judge Noel's order of June 27, 2001, is neither clearly erroneous nor contrary to law.

Accordingly, IT IS HEREBY ORDERED:

1. Magistrate Judge Franklin L. Noel's order of June 26, 2001 (Doc. No. 56) is AFFIRMED.

2. Defendant Aeroservice Inc.'s appeal (Doc. No. 59) of Chief Magistrate Judge Franklin L. Noel's order of June 26, is DISMISSED.