Hobson et al v. ABE Development LLC et al
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
RACHEL HOBSON, ET AL.
ABE DEVELOPMENT, LLC, ET AL.
ORDER AND REASONS
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
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
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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