Global Oil Tools, Inc. v. Barnhill et al
Filing
168
ORDER denying 149 MOTION for APPEAL OF MAGISTRATE JUDGE DECISION to District Court. Signed by Judge Carl Barbier on 5/14/13. (Reference: 12-1507)(sek, )
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
GLOBAL OIL TOOLS
CIVIL ACTION
VERSUS
NO: 12-1507
BARNHILL, ET AL.
SECTION: “J” (4)
ORDER
Before the Court is Plaintiff's Motion to Review Magistrate
Judge’s Order (Rec. Doc. 149). 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 Plaintiff'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.”
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. 141) 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 motion is DENIED
New Orleans, Louisiana, this 14th day of May, 2013.
_____________________________
CARL J. BARBIER
UNITED STATES DISTRICT JUDGE
2
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