Savoie et al v. Pennsylvania General Insurance Company et al

Filing 382

ORDER denying 197 MOTION for APPEAL OF MAGISTRATE JUDGE DECISION to District Court as stated herein. Signed by Judge Carl Barbier on 12/5/2017. (cg)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

LORITA M. SAVOIE, ET AL.

CIVIL ACTION

VERSUS

NO: 15-1220

HUNTINGTON INGALLS, INC., ET
AL.

SECTION: “J” (3)

ORDER
Before the Court is Plaintiffs’ Motion to Review Magistrate
Judge’s

Order

(Rec.

Doc.

197)

and

Defendant,

Owens-Illinois,

Inc.’s (“O-I”), opposition thereto (Rec. Doc. 223).
motion,

Plaintiffs

request

that

the

Court

In their

reconsider

the

magistrate judge’s Order granting O-I’s Motion for Leave to File
Counterclaim (Rec. Doc. 192).

Upon review of the record, the

memoranda of counsel, and the applicable law, the Court finds that
the motion should be DENIED.
A magistrate judge’s ruling on a non-dispositive 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. United States Gypsum Co., 333 U.S. 364, 395 (1948). After
reviewing the case, the magistrate judge’s Order, and the arguments
of the parties, the Court finds that no such mistake has been made
and that Plaintiffs have not shown that the magistrate judge’s
ruling is “clearly erroneous or contrary to law.” Fed. R. Civ. P.
72(a).
IT

Accordingly,
IS

HEREBY

ORDERED

that

Plaintiffs’

Motion

to

Review

Magistrate Judge’s Order (Rec. Doc. 197) is DENIED.
New Orleans, Louisiana, this 5th day of December, 2017.

____________________________
CARL J. BARBIER
UNITED STATES DISTRICT JUDGE