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Keywords

plaintiffdefendantdepositiondiscoverymotioncitizenshipobjectionoverruledcredibility
plaintiffdefendantdepositiondiscoverymotioncitizenshipobjectionoverruledcredibility

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Mandycz; U.S. v.

Facts

Plaintiff alleged that defendant (1) assisted an enemy of the United States in persecution of civil populations, (2) illegally procured United States citizenship because he was a member of or participated in a movement hostile to the United States, and (3) illegally procured citizenship because he acquiesced in conduct and activities contrary to civilization and human decency by serving as an armed guard at labor camps. The court established dates for exchange of expert reports and completion of discovery that were later than requested by plaintiff and earlier than requested by defendant. Defendant objected that the magistrate judge's denial of his motion for protective order was clearly erroneous and contrary to law, based on defendant's mental condition and assessment of credibility of the parties' physicians. The court overruled the objections.

Plaintiff alleged that defendant (1) assisted an enemy of the United States in persecution of civil populations, (2) illegally procured United States citizenship because he was a member of or participated in a movement hostile to the United States, and (3) illegally procured citizenship because he acquiesced in conduct and activities contrary to civilization and human decency by serving as an armed guard at labor camps. The court established dates for exchange of expert reports and completion of discovery that were later than requested by plaintiff and earlier than requested by defendant. Defendant objected that the magistrate judge's denial of his motion for protective order was clearly erroneous and contrary to law, based on defendant's mental condition and assessment of credibility of the parties' physicians. The court overruled the objections.

Issue

Whether the magistrate judge's denial of defendant's motion for a protective order regarding his deposition was clearly erroneous or contrary to law.

Whether the magistrate judge's denial of defendant's motion for a protective order regarding his deposition was clearly erroneous or contrary to law.

Rule

A magistrate judge's order on nondispositive matters can be modified or set aside if found to be clearly erroneous or contrary to law.

A magistrate judge's order on nondispositive matters can be modified or set aside if found to be clearly erroneous or contrary to law.

Analysis

The court reviewed the magistrate judge's order and found that the accommodations made for defendant's deposition were sufficient. The magistrate judge structured the deposition to accommodate defendant's mental condition and concluded that the credibility of plaintiff's physicians was at least equal to that of defendant's physicians. The court found no basis to overturn the magistrate judge's decision.

The court reviewed the magistrate judge's order and found that the accommodations made for defendant's deposition were sufficient. The magistrate judge structured the deposition to accommodate defendant's mental condition and concluded that the credibility of plaintiff's physicians was at least equal to that of defendant's physicians. The court found no basis to overturn the magistrate judge's decision.

Conclusion

The court overruled defendant's objections to the magistrate judge's order and denied defendant's emergency motion for stay. The magistrate judge's denial of a protective order for defendant's deposition was not clearly erroneous.

The court overruled defendant's objections to the magistrate judge's order and denied defendant's emergency motion for stay. The magistrate judge's denial of a protective order for defendant's deposition was not clearly erroneous.

Who won?

The United States prevailed in the case because the court upheld the magistrate judge's order, allowing the deposition to proceed as scheduled.

The United States prevailed in the case because the court upheld the magistrate judge's order, allowing the deposition to proceed as scheduled.

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