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)

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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

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