Walker v. Gusman et al
ORDER AFFIRMING 164 MOTION for APPEAL OF MAGISTRATE JUDGE DECISION to District Court; DENYING 167 Motion ; GRANTING 167 Motion for Extension of Deadlines; AFFIRMING 177 MOTION for APPEAL OF MAGISTRATE JUDGE DECISION to District Court. Signed by Judge Mary Ann Vial Lemmon on 1/13/14. (cbn)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
MARLIN GUSMAN, ET AL.
SECTION: "S" (3)
IT IS HEREBY ORDERED that the United States Magistrate Judge's Order denying
plaintiff's discovery motions, motions for sanctions, and motion for a telephone conference (Doc.
#153) is AFFIRMED.
Plaintiff's discovery motions, motions for sanctions, and motion for a
telephone conference were Docs. #55, 66, 72, 79, 85, 90, 94, 100, 103, 120, 137, 140. His appeals
of the United States Magistrate Judge's Order denying those motions were Docs. #164, 171 and 177.
An order issued by a magistrate judge concerning nondispositive pretrial matters is reviewed
by the district court under the clearly erroneous standard. See Perales v. Sasilla, 950 F.2d 1066,
1070 (5th Cir. 1992); 28 U.S.C.A. § 636(b)(1)(A) (West 2009). Plaintiff has not demonstrated that
the magistrate judge's decisions were clearly erroneous.
IT IS FURTHER ORDERED that Plaintiff's "Motion for Order Directing Defendants to
Follow Pre-Trial and Scheduling Orders and Extension of Deadline to Do So" (Doc. #167) is
DENIED as to directing the defendants to follow the pre-trial and scheduling order because plaintiff
has not demonstrated that the defendants have not complied therewith. The motion is GRANTED
as to extending the discovery cut-off deadline, which shall be reset to February 11, 2014.
New Orleans, Louisiana, this _____ day of January, 2014.
MARY ANN VIAL LEMMON
UNITED STATES DISTRICT JUDGE
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