Andrew Cooperrider, et al. v. Ray Perry, et al.

Summary

The United States District Court for the Eastern District of Kentucky overruled the plaintiffs’ objections to a magistrate judge’s discovery order under the clearly erroneous or contrary to law standard. The court held that Governor Andrew Beshear was not required to participate in discovery because the plaintiffs had not shown extraordinary circumstances or that the information could not be obtained through other means. The court also noted that the discovery order did not prohibit a Rule 30(b)(6) deposition of the Department of Alcoholic Beverage Control and deferred clarification of that issue to the magistrate judge.

Holdings

1. A district court may disturb a magistrate judge's non-dispositive discovery ruling only when the ruling is clearly erroneous or contrary to law.
2. Plaintiffs were not entitled to require former Governor Andrew Beshear to participate in discovery because they failed to establish the extraordinary circumstances required for discovery from a high-ranking government official.
3. The magistrate judge's order did not decide whether plaintiffs could take a Rule 30(b)(6) deposition of the Department of Alcoholic Beverage Control, and the district court therefore declined to disturb the order and deferred to the magistrate judge to clarify the matter.

Questions Presented

1. Whether the magistrate judge's decision not to require former defendant Governor Andrew Beshear to participate in discovery was clearly erroneous or contrary to law.
2. Whether the magistrate judge's discovery order improperly precluded plaintiffs from taking a Rule 30(b)(6) deposition of the Department of Alcoholic Beverage Control.

Disposition

other