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CONVERSATION I. Standard of Evaluation under 28 U.S.C. 636 Pursuant to 28 U.S.C. 636(b)( 1 )(A), a district court may just reverse a magistrate's discovery ruling "where it has been revealed that the magistrate judge's order is clearly erroneous or contrary to law." An order is "contrary to law" if "it fails to apply or misapplies pertinent statutes, case law or guidelines of treatment." Catskill Dev.

Park Row Entn't Corp, 206 F.R.D. 78, 86 (S.D.N.Y. 2002). An order is "plainly erroneous" when, "although there is proof to support it, the court upon evaluating the whole proof is entrusted the guaranteed and firm conviction that a mistake has been devoted." Highland Capital Mgmt. v. Schneider, 551 F.

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2d 173, 177 (S.D.N.Y. 2008). Magistrates are afforded "broad discretion" in ruling on discovery issues, and the party objecting to a magistrate's ruling "bears a heavy concern." Citicorp v.  Try This , 87 F.R.D. 43, 46 (S.D.N.Y. 1980). II. Granite State's Objections Granite State challenge the Magistrate's Order on 2 grounds.

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Ins. Co. v. N. River Ins. Co., 4 F. 3d 1049 (2d Cir. 1993). In Unigard, the Court found that a reinsurer need not show prejudice to raise an effective absence of notification defense under New york city law if it demonstrates that the cedent acted in "bad faith" in not providing timely notice.

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A variety of cases subsequent to Unigard, however, have actually recognized this defense. Because there is at least a colorable argument that this defense is practical, this discovery motion is not the correct stage for this obstacle. If it were beyond a doubt that this defense did not exist, and the info to be produced was unimportant to the remaining concerns in the event, then, maybe, precluding discovery would be warranted

[B] ccause info concerning the underlying danger lies essentially in the exclusive ownership of the delivering insurance company, a very high level of good faith. is needed to guarantee prompt and complete disclosure of product details without triggering reinsurers to take part in duplicative tracking. The question, then, is what good faith needs of a ceding insurer in the notice context.