Blackwater Diving, LLC v. OSA International, Inc

Filing 158

ORDER DENYING 154 Objections to Magistrate Judge's Discovery Ruling filed by OSA International, LLC. Signed by Judge Carl Barbier on 11/25/09.(sek, )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA BLACKWATER DIVING, LLC VERSUS OSA INTERNATIONAL, LLC ORDER Before the Court is Plaintiff's Objection to Magistrate Judge's Discovery Ruling (Rec. Doc. 154). Upon review of the CIVIL ACTION NO: 09-3485 SECTION: "J" (1)

record, the memoranda of counsel, and the applicable law, this Court now finds that Plaintiff's objection is 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. 134). Accordingly, IT IS ORDERED that Plaintiff's Objection to Magistrate Judge's Discovery Ruling (Rec. Doc. 154) is hereby DENIED. New Orleans, Louisiana, this 25th day of November, 2009.

_____________________________ CARL J. BARBIER UNITED STATES DISTRICT JUDGE

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