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, )

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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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