Hopper v. Jay-Bee Oil & Gas, Inc.
Hopper v. Jay-Bee Oil & Gas, Inc.
2023 WL 3695609 (N.D. W. Va. 2023)
May 22, 2023
Bailey, John P., United States District Judge
Summary
The court overruled and denied the motion to stay the magistrate's order to compel the discovery of the individual defendants' personal tax returns for a 5-year period. This sets a precedent for the handling of ESI, which must be treated with the same standard of review as any other discovery dispute.
Additional Decisions
BRENDA LEA HOPPER and DEBRA LYNN KURIFS, Co-Executrixes of Allen E. Smith's Estate, RICHARD L. ARMSTRONG, DONALD R. REYNOLDS, individually and on behalf of all persons and entities similarly situated, Plaintiffs,
v.
JAY-BEE OIL & GAS, INC., JAY-BEE PRODUCTION COMPANY, JB EXPLORATION I, LLC, JAY-BEE ROYALTY, LLC, ABACUS UNION, LLC, JBU, LLC, BB LAND, LLC, JB EXPLORATION II, LLC, DMRB SERVICES, LLC, RANDALL J. BRODA, and DEBORAH V. BRODA-MORGAN, Defendants.
and
JUDITH E. ASH-YOUNG, individually and on behalf of all other persons and entities similarly situated, Plaintiff,
v.
JAY-BEE OIL & GAS, INC., JAY-BEE PRODUCTION COMPANY, JB EXPLORATION I, LLC, JAY-BEE ROYALTY, LLC, and RANDALL J. BRODA, Defendants
v.
JAY-BEE OIL & GAS, INC., JAY-BEE PRODUCTION COMPANY, JB EXPLORATION I, LLC, JAY-BEE ROYALTY, LLC, ABACUS UNION, LLC, JBU, LLC, BB LAND, LLC, JB EXPLORATION II, LLC, DMRB SERVICES, LLC, RANDALL J. BRODA, and DEBORAH V. BRODA-MORGAN, Defendants.
and
JUDITH E. ASH-YOUNG, individually and on behalf of all other persons and entities similarly situated, Plaintiff,
v.
JAY-BEE OIL & GAS, INC., JAY-BEE PRODUCTION COMPANY, JB EXPLORATION I, LLC, JAY-BEE ROYALTY, LLC, and RANDALL J. BRODA, Defendants
Civil Action No.: 5:20CV101 (LEAD), (Consolidated WITH 5:20CV110)
United States District Court, N.D. West Virginia
Filed May 22, 2023
Bailey, John P., United States District Judge
ORDER OVERRULING DEFENDANTS' OBJECTIONS
*1 Pending before this Court is Defendants' Objection to and Motion to Stay the Magistrate's Order on Plaintiff's Motion to Compel Discovery [Doc. 520], filed on May 17, 2023. Therein, defendants object to Magistrate Judge Mazzone's Order granting the discovery of the individual defendants' personal tax returns for a 5-year period. See [Doc. 517].
Under Federal Rule of Civil Procedure 72(a), a district court may refer to a magistrate judge “a pretrial matter not dispositive of a party's claim or defense.” Fed. R. Civ. P. 72(a). The parties may file objections to the magistrate judge's order, and the magistrate judge's ruling may be reversed only on a finding that the order is “clearly erroneous or is contrary to law.” Fed. R. Civ. P. 72(a); 28 U.S.C. § 636(b)(1). “A finding is ‘clearly erroneous' when although there is evidence to support it, the reviewing court on the entire evidence is left with a definite and firm conviction that a mistake has been committed.” United States v. United States Gypsum Co., 333 U.S. 354 (1948). In light of the broad discretion given to a magistrate judge in the resolution of nondispositive discovery disputes, the court should only overrule a magistrate judge's determination if this discretion is abused. Detection Sys., Inc. v. Pittway Corp., 96 F.R.D. 152, 154 (W.D. N.Y. 1982); Shoop v. Hott, 2010 WL 5067567, at *2 (N.D. W.Va. Dec. 6, 2010) (Stamp, J.).
Upon consideration of the objection and the aforementioned standard of review, Defendants' Objection to and Motion to Stay the Magistrate's Order on Plaintiff's Motion to Compel Discovery [Doc. 520] is OVERRULED and DENIED.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to all counsel of record herein.