Bencomo v. Guidant Corporation

Filing 103

ORDER denying 98 MOTION for APPEAL OF MAGISTRATE JUDGE DECISION to District Court. Signed by Judge Carl Barbier on 03/12/2009. (mmm, )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA RAUL R. BENCOMO VERSUS GUIDANT CORPORATION, ET AL ORDER Before the Court is the plaintiff's Objection to Magistrate Judge's Order and Motion for Review (Rec Doc. 98). This motion, Upon CIVIL ACTION NO: 06-2473 SECTION: "J" (1)

which is opposed, is set for hearing on March 18, 2009. review of the record, the memoranda of counsel, and the

applicable law, this Court now finds that the plaintiff's objection and motion for review should be denied. A magistrate judge's ruling on a nondispositive motion may be appealed to the district court. Fed. R. Civ. P. 72(a). When

objections are raised to such a ruling the district judge must consider them timely and "modify or set aside any part of the order that is clearly erroneous or contrary to law." Id. Under

this standard a magistrate judge's decision must be affirmed unless "on the entire evidence [the court] is left with a definite and firm conviction that a mistake has been committed."

United States v. Untied States Gypsum Co., 333 U.S. 364, 395 (1948). After reviewing the case, the magistrate judge's order,

and the arguments of the parties this Court finds that no such mistake has been made in the magistrate judge's Order (Rec. Doc. 97) and the plaintiff has not shown that the magistrate judge's ruling is "clearly erroneous or contrary to law." Accordingly,

IT IS ORDERED that the plaintiff's Objection to Magistrate Judge's Order and Motion for Review (Rec. Doc. 98) is hereby DENIED. IT IS FURTHER ORDERED that oral argument requested on this motion is hereby CANCELLED. New Orleans, Louisiana, this 12th day of March, 2009.

_____________________________ CARL J. BARBIER UNITED STATES DISTRICT JUDGE

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