Opinion
98-CV-0696A.
August 10, 2000.
ORDER
This case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 28 U.S.C. § 636(b)(1), on February 17, 1999. On June 30, 1999, defendants George T. Booth, Jr. and George T. Booth, III (the "Booths") filed a motion for indemnification. On April 6, 2000, Magistrate Judge Foschio filed a Report and Recommendation, recommending that the Booths' motion be granted in part and denied in part.
Defendant Booth Oil Company, Inc. ("Booth Oil") filed objections to the Report and Recommendation on April 28, 2000. Oral argument on the objections was held on August 2, 2000.
Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de novo determination of those portions of the Report and Recommendation to which objections have been made. Upon a de novo review of the Report and Recommendation, and after reviewing the submissions and hearing argument from the parties, the Court adopts the proposed findings of the Report and Recommendation
The Court notes that in addition to objecting to the Report and Recommendation, defendant Booth Oil objects to the Magistrate Judge's order, contained within the Report and Recommendation, directing Booth Oil to make its financial records available for the Booths' review. That order is subject to review under a "clearly erroneous or contrary to law" standard.
See 28 U.S.C. § 636(b)(1)(A). After due consideration, the Court cannot say that the Magistrate Judge's order is clearly erroneous or contrary to law. Thus. Booth Oil's objection to disclosure of its financial records must be denied.
Accordingly, for the reasons set forth in Magistrate Judge Foschio's Report and Recommendation, the Booths' motion for indemnification is granted in part and denied in part. The case is referred back to Magistrate Judge Foschio for further proceedings.
IT IS SO ORDERED.