Sears v. Lee et al
Filing
188
ORDER AND REASONS denying 137 MOTION for APPEAL OF MAGISTRATE JUDGE DECISION to District Court. Signed by Judge Helen G. Berrigan on 8/29/2011. (mm, )
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
PATRICIA SEARS, ETC.
VERSUS
CIVIL ACTION
SHERIFF HARRY LEE, ET AL
SECTION ʺCʺ (3)
NO. 08‐3418
ORDER AND REASONS
IT IS ORDERED that the motion to review magistrate judge’s order and
objections to the order denying motion for leave to file a fourth supplemental and
amended complaint is DENIED. Rec. Doc. 137. The Court finds that the finding of the
magistrate judge that “undue delay, failure to cure deficiencies by amendments
previously allowed and undue prejudice to the opposing party weigh against granting
leave to amend here” is not clearly erroneous or contrary to law. Rec. Doc. 135 at 5.
Not only are the explanations afforded by plaintiff’s counsel belied by the record and
the plaintiff’s own filings, but the Court questions the alleged basis for the plaintiff’s
fundamental argument that a principal/agency relationship exists between
Correcthealth Jefferson, L.L.C. and Jefferson Parish because of the contract and/or its
insurance provisions. Instead, the Court’s reading of that contract indicates that it
contains an entire section providing for Correcthealth’s status as an independent
contractor. Rec. Doc. 130‐1 at 6. The lack of a coherent explanation by the plaintiff as
to the basis of liability against Jefferson Parish provides an additional factor in support
of the order of the magistrate judge for denying another amendment in this protracted
litigation.
New Orleans, Louisiana, this 29th day of August, 2011.
________________________
HELEN G. BERRIGAN
UNITED STATES DISTRICT JUDGE
2
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