Fanny B. Millstein and Martin Kleinbart v. Wells Fargo Bank, N.A.

Summary

The United States District Court for the Southern District of Florida reviews Plaintiffs’ partial objections to a magistrate judge’s order denying their motion to strike Wells Fargo Bank’s amended affirmative defenses. Applying Federal Rule of Civil Procedure 72(a)’s clearly erroneous or contrary to law standard, the Court overrules the objections and affirms the magistrate judge’s order.

Holdings

1. A district court reviews such an order under the highly deferential clearly erroneous or contrary to law standard.
2. The magistrate judge's order denying Plaintiffs' motion to strike Wells Fargo's amended affirmative defenses was neither clearly erroneous nor contrary to law; Plaintiffs' partial objections were overruled and the order was affirmed.

Questions Presented

1. Whether the magistrate judge's order denying Plaintiffs' motion to strike Wells Fargo's amended affirmative defenses was clearly erroneous or contrary to law under Federal Rule of Civil Procedure 72(a).
2. Whether the magistrate judge clearly erred or acted contrary to law in permitting Wells Fargo's negligence-based affirmative defenses at that stage of the litigation.

Disposition

affirmed