Najolia v. Northrop Grumman Ship Systems, Inc. et al

Filing 158

ORDER denying 140 MOTION to Review MAGISTRATE JUDGE DECISION. Signed by Judge Carl Barbier on 5/13/13. (sek, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
NAJOLIA

CIVIL ACTION

VERSUS

NO: 12-821

NORTHROP GRUMMAN SHIP
SYSTEMS, INC. ET AL.

SECTION: “J” (2)

ORDER
Before the Court is Defendant’s Motion to Review Magistrate
Judge’s Order (Rec. Doc. 140). This motion, which is opposed, was
set for hearing on April 10, 2013. Upon review of the record, the
motion and memoranda of counsel, and the applicable law, this Court
now finds that the Defendant’s motion 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.”
Untied

States

Gypsum

Co.,

333

U.S.

364,

395

United States v.
(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. 38) and the plaintiff
has not shown that the magistrate judge’s ruling is “clearly
erroneous or contrary to law.”

Accordingly,

IT IS ORDERED that Defendant's motion is DENIED
New Orleans, Louisiana, this 13th day of May, 2013.

_____________________________
CARL J. BARBIER
UNITED STATES DISTRICT JUDGE

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