Opinion
CV 06-3926.
February 28, 2008
MARSHALL SCHICTMAN ASSOCIATES., BY: MARSHALL SCHICTMAN, ESQ., Attorneys for Plaintiff, Carle Place, NY.
SCOTT R. COHEN, ESQ., Attorney for Defendant NetCo Investments, Inc., Carle Place, NY.
MARCO CHAVARRIA, Defendant Pro Se, San Jose, Costa Rica.
OLSHAN GRUNDMAN FROME ROSENZWEIG WOLOSKY LLP, BY: HERBERT C. ROSS, ESQ., Attorneys for Interveners/Defendants, AJW Partners, LLC, New Millenium Capital Partners, LLP, AJW Offshore, Ltd., and Qualified Partners, LLC, New York, New York.
MEMORANDUM AND ORDER
This is an interpleader action commenced pursuant to 28 U.S.C. § 1335, by Plaintiff Madison Stock Transfer, Inc. ("Madison"). Presently before the court is Chavarria's appeal of an order of Magistrate Judge Wall dated January 28, 2007 (the "January 28 Order").
The January 28 Order requires Chavarria to produce documents, appear for a deposition and pay $300 in expenses pursuant to Rule 37(a)(5)(A). Pursuant to Rule 72 of the Federal Rules of Civil Procedure this court shall modify or set aside any part of the order appealed from that is "clearly erroneous or contrary to law." FRCP 72(a).
Upon review of the January 28 Order and the submissions of the parties, the court holds that the order appealed from should be affirmed. Accordingly, the objections to the January 28, 2007 order of Magistrate Judge Wall are hereby overruled and the order is affirmed. The Clerk of the Court is direction to terminate the appeal.
SO ORDERED.