Bencomo v. Guidant Corporation

Filing 85

ORDER denying 80 MOTION for APPEAL OF MAGISTRATE JUDGE DECISION to District Court; granting 81 Motion to Expedite; denying Doc. 82 Request for Oral Argument. Signed by Judge Carl Barbier on 10/23/2008. (mmm, )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA RAUL R. BENCOMO VERSUS GUIDANT CORPORATION, ET AL. ORDER Before the Court is Plaintiff's Objection to Magistrate Judge's Order and Motion for Review (Rec. Doc. 80). As a CIVIL ACTION NO: 06-2473 SECTION: "J" (1)

preliminary matter, Plaintiff has also filed a Motion for Expedited Hearing (Rec. Doc. 81) and has requested oral argument. The motion to expedite hearing is granted. However, oral

argument is canceled as the Court does not find it to be necessary. Therefore this motion, which is opposed, is being Upon review of

considered on the briefs on an expedited basis.

the record, the memoranda of counsel, and the applicable law, this Court now finds that 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 motion 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. United States Gypsum Co., 333 U.S. 364, 395 (1948). After reviewing the case, the magistrate judge's order

and the arguments of the parties the Court finds that no such mistake has been made in the magistrate judge's Order (Rec. Doc. 79). Accordingly, IT IS ORDERED that Plaintiff's Objection to Magistrate Judge's Order and Motion for Review (Rec. Doc. 80) is hereby DENIED. New Orleans, Louisiana, this 23rd day of October, 2008.

_____________________________ CARL J. BARBIER UNITED STATES DISTRICT JUDGE

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