Hobson et al v. ABE Development LLC et al

Filing 100

ORDER AND REASONS DISMISSING 69 MOTION for APPEAL OF MAGISTRATE JUDGE DECISION to District Court. Signed by Judge Ivan L.R. Lemelle on 10/18/2016. (mmv)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA RACHEL HOBSON, ET AL. CIVIL ACTION VERSUS NO. 15-1480 ABE DEVELOPMENT, LLC, ET AL. SECTION "B"(4) ORDER AND REASONS Before the Court is Plaintiffs’ “Motion to Review the Magistrate Court’s Order of September 1, 2016, R. Doc. 50.” Rec. Doc. 69. Defendants timely filed an opposition. Rec. Doc. 91. The Magistrate Judge’s September 1, 2016 ruling mistakenly identified state and federal claims when in fact only federal claims remained after an August 2015 amended complaint was filed. Rec. Docs. 3, 50. However, with the December 2015 amendments to the Federal Rules of Civil Procedure, courts and parties are jointly responsible for securing the just, speedy, and inexpensive determination of every action and proceeding. Fed. R. Civ. P. 1. In so doing, the amended federal rules on discovery, as recognized by the Magistrate Judge, re-emphasize a long-time practice in most federal courts. Specifically, the discovery sought must be proportional to the needs of the case and courts retain the discretionary authority to regulate the time of discovery. Fed. R. Civ. P. 26. The Magistrate Judge recognized the discoverability of financial information at issue for a viable punitive damages claim. In balancing all of the above factors and amended rules, we find her ruling is fair and reasonable on facts and law for reasons we assign above. Accordingly, IT IS ORDERED that the motion is DISMISSED. New Orleans, Louisiana, this 18th day of October, 2016. ___________________________________ SENIOR UNITED STATES DISTRICT JUDGE

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