Johnson v. Mixon et al

Filing 192

ORDER & REASONS dismissing as untimely 189 MOTION for APPEAL OF MAGISTRATE JUDGE DECISION to District Court. Signed by Judge Martin L.C. Feldman on 6/25/2014. (caa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
HERMENA M. JOHNSON

CIVIL ACTION

VERSUS

NO. 13-2629

STATE FARM FIRE & CASUALTY CO.
& CARL W. MIXON d/b/a CARL W.
MIXON-STATE FARM INSURANCE

SECTION F

ORDER AND REASONS
Before the Court is plaintiff's appeal of the magistrate
judge's discovery order.

For the reasons that follow, the appeal

is DISMISSED as untimely.
Background
The facts of this case are more completely set forth in this
Court's March 30, 2014 Order and Reasons.

The facts pertinent to

resolution of the pending motion are as follows:
This

is

a

racial

discrimination

and

retaliation

case

instituted by Hermena Johnson against her former employers, State
Farm Fire and Casualty Company and State Farm Agent Carl Mixon. On
May 1, 2014, Johnson moved to compel State Farm to respond to
interrogatories and requests for production of documents, and on
May 19, 2014, the magistrate judge denied the motion.

Johnson now

appeals the magistrate judge's order.
I.
A

magistrate

judge

is

afforded

1

broad

discretion

in

the

resolution of non-dispositive motions.

See Fed. R. Civ. P. 72(a);

see also 28 U.S.C. § 636(b)(1)(A).

If a party objects to a

magistrate judge’s ruling on a non-dispositive matter, the Court
will disturb the ruling only when it is “clearly erroneous or
contrary to law.”

See Fed. R. Civ. P. 72(a); see also Castillo v.

Frank, 70 F.3d 382, 385 (5th Cir. 1995). However, a party must file
objections to the magistrate judge's order within 14 days after
being served with a copy.

Fed. R. Civ. P. 72(a).

Johnson appeals the magistrate judge's order denying her
motion to compel discovery.

The order issued on May 19, 2014,

but Johnson did not file her objections until June 3, 2014–-15 days
later.

Her objections are untimely.

Accordingly, plaintiff's appeal is DISMISSED as untimely.
New Orleans, Louisiana, June 25, 2014
____________________________
MARTIN L. C. FELDMAN
UNITED STATES DISTRICT JUDGE

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