Opinion
03 Civ. 4466.
January 7, 2009
DECISION AND ORDER
I. BACKGROUND
By oral Order issued at a conference with the parties to this action held on October 24, 2008 (the "Order"), Magistrate Judge Theodore Katz, to whom the underlying matter had been referred, denied the motion of Plaintiffs to compel certain discovery relating to Defendants' Motion to Reduce the Amount of Bond (Docket No. 124). Plaintiffs filed timely objections to the Order pursuant to Fed.R.Civ.P. 72. For the reasons stated below, the Court adopts the Order.
The facts pertaining to the underlying action from which Defendants' motion arose are described in an earlier ruling of this Court, reported as Knox v. The Palestine Liberation Org., 248 F.R.D. 420, 424-5, 433 (S.D.N.Y. 2008).
II. STANDARD OF REVIEW
A district court evaluating a Magistrate Judge's order with respect to a matter not dispositive of a claim or defense may adopt the Magistrate Judge's findings and conclusions as long as the factual and legal bases supporting the ruling are not clearly erroneous or contrary to law. See 28 U.S.C. § 636(b)(1)(A); Fed.R.Civ.P. 72(b); Thomas v. Arn, 474 U.S. 140, 149 (1985). A district judge, after considering any objections by the parties, may accept, set aside, or modify, in whole or in part, the findings and recommendations of the Magistrate Judge with regard to such matters. See Fed.R.Civ.P. 72(a); see also DeLuca v. Lord, 858 F. Supp. 1330, 1345 (S.D.N.Y. 1994).
III. DISCUSSION
Having conducted a review of the full factual record in this litigation, including the parties' respective papers submitted in connection with Plaintiffs' motion to reduce the amount of the bond and Defendants' objections to the Order in this proceeding, as well as the Order and applicable legal authorities, the Court concludes that the factual findings, reasoning, and legal bases for the Order are not clearly erroneous or contrary to law and are thus warranted. Accordingly, for substantially the reasons stated by Magistrate Judge Katz on the record of the proceedings on this matter held on October 24, 2008, the Court adopts the Order in its entirety.
IV. ORDER
For the reasons discussed above, it is hereby
ORDERED that the Order of Magistrate Judge Theodore Katz issued at the proceedings on this matter on October 24, 2008 denying the motion of plaintiffs herein to compel discovery (Docket No. 139) is adopted in its entirety, and the objections filed by plaintiffs with respect to the Order (Docket No. 169) are DENIED.