Fiorito v. Metropolitan Council et al

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
CIVIL NO. 25-213(DSD/DJF)
Michael Fiorito,
Plaintiff,
v. 	ORDER
Metropolitan Council,
Defendant.
This matter is before the court on the objections by plaintiff
Michael Fiorito to the April 13, 2026, orders of Magistrate Judge
Dulce J. Foster.
The 	district 	court 	will 	modify 	or 	set 	aside 	a 	magistrate
judge’s 	order 	on 	a 	nondispositive 	issue 	only 	if 	it 	is 	clearly
erroneous 	or 	contrary 	to 	law. 	28 	U.S.C. 	§ 	636(b)(1)(A); 	Fed. 	R.
Civ. 	P. 	72(a); 	D. 	Minn. 	L.R. 	72.2(a). 	This 	is 	an 	“extremely
deferential” 	standard. 	Reko 	v. 	Creative 	Promotions, 	Inc., 	70 	F.
Supp. 	2d 	1005, 	1007 	(D. 	Minn. 	1999). 	“A 	finding 	is 	clearly
erroneous 	when 	although 	there 	is 	evidence 	to 	support 	it, 	the
reviewing 	court 	on 	the 	entire 	evidence 	is 	left 	with 	the 	definite
and firm conviction that a mistake has been committed.” 	Chakales
v. 	Comm’r 	of 	Internal 	Revenue, 	79 	F.3d 	726, 	728 	(8th 	Cir. 	1995)
(citations and internal quotation marks omitted). 	“A decision is
contrary 	to 	law 	when 	it 	fails 	to 	apply 	or 	misapplies 	relevant
CASE 0:25-cv-00213-MJD-DJF Doc. 175 Filed 05/06/26 Page 1 of 2

2
statutes, case law or rules of procedure.” 	Knutson v. Blue Cross
& 	Blue 	Shield 	of 	Minn., 	254 	F.R.D. 	553, 	556 	(D. 	Minn. 	2008)
(citations and internal quotation marks omitted).
Fiorito argues that the magistrate judge erred in denying his
motion for the appointment of counsel and his motion to take more
depositions 	than 	he 	is 	currently 	allotted. 	The 	court 	finds 	no
basis 	on 	which 	to 	overturn 	either 	of 	the 	magistrate 	judge’s
decisions. 	They were not clearly erroneous or contrary to law.
Accordingly, 	based 	on 	the 	above, 	IT 	IS 	HEREBY 	ORDERED 	that
the 	objections 	to 	the 	magistrate 	judge’s 	orders 	[ECF 	Nos. 	173,
174] are overruled.
Dated: May 6, 2026
s/David S. Doty
David S. Doty, Judge
United States District Court
CASE 0:25-cv-00213-MJD-DJF Doc. 175 Filed 05/06/26 Page 2 of 2